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Order cancelled but still delivered and retailer won't refund

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I ordered £400 of electrical goods expecting delivery within a couple of days. I then got an email saying they were out of stock and delivery would be up to 5 days so I replied cancelling the order.

Two days later they despatched the order anyway so after the goods arrived (a week later) I again emailed asking them to collect the goods and refund me. I've since sent them further emails but they have not responded to any of them. Payment was taken on the order day by credit card and the card provider has said they cannot help as the goods were received.

It has now been 20 days since the goods arrived so I guess I need to write a Letter Before Action but am unsure which part of the Consumer Contracts Regulations I should be relying on. Any suggestions?

Similarly I am unsure whether I should bite the bullet and return the items at my cost within the 28 day period and then claim those costs back frim the retailer or insist they collect them?
Every generation blames the one before...
Mike + The Mechanics - The Living Years
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Comments

  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I ordered £400 of electrical goods expecting delivery within a couple of days. I then got an email saying they were out of stock and delivery would be up to 5 days so I replied cancelling the order.

    Two days later they despatched the order anyway so after the goods arrived (a week later) I again emailed asking them to collect the goods and refund me. I've since sent them further emails but they have not responded to any of them. Payment was taken on the order day by credit card and the card provider has said they cannot help as the goods were received.

    It has now been 20 days since the goods arrived so I guess I need to write a Letter Before Action but am unsure which part of the Consumer Contracts Regulations I should be relying on. Any suggestions?

    Similarly I am unsure whether I should bite the bullet and return the items at my cost within the 28 day period and then claim those costs back frim the retailer or insist they collect them?

    You don't need to write a letter before action (yet).

    You can instead first claim against your credit card company. Please see the following article. If they refuse to help then ask for a copy of their complaint procedure and submit a formal complaint and follow that process to the bitter end, which is a complaint to the independent Financial Ombudsman Service. The advantage of this approach, over legal action is, that it is free and your credit card company must treat you fairly (as well as legally).

    If you are unhappy with FOS's decision then you can reject it and still take legal action. However if you even start legal action then FOS will not consider your case. (So complaining via the credit card company to FOS, if necessary, before taking legal action gives you two bites of the cherry.)

    http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

    Obviously you need to continue to offer to return the goods that arrived (at the retailer's risk and cost) if you wish a full refund. However I would only do so if the retailer selects (or agrees to) the courier (and insurance) and pays in advance. And I would only agree to a courier that provides some proof of collection from you.

    One final point - if any of the goods were less than £100 then I am not certain whether they will be covered by section 75. So if the value of items less than £100 is significant perhaps a section 75 claim is not your best option.
  • MobileSaver
    MobileSaver Posts: 4,339 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    naedanger wrote: »
    if any of the goods were less than £100 then I am not certain whether they will be covered by section 75. So if the value of items less than £100 is significant perhaps a section 75 claim is not your best option.

    Thanks for the reply. That's annoying! The order was for a number of items and all were under £100 individually (and there's no way I could claim they were a package) so after reading the article it sadly looks like Section 75 doesn't apply in my case.
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The following is a link to the act. Hopefully someone will supply references to the specific sections you need as the act is quite long.

    http://www.legislation.gov.uk/uksi/2013/3134/contents/made

    In fact I am not 100% certain the above Act is needed and the matter may just be cover by normal contract law.

    I think it likely you never had a contract with the company (as the terms and conditions most companies use for online sales say a contract is only formed on dispatch, or even receipt, of goods). In which case, as you withdrew your offer to buy before the contract was formed, the company never had a contract to supply goods. And as they have no contract they have no right to charge (but, for the avoidance of doubt, they are entitled to expect the items back at their risk and cost).

    So if I was sending a LBA I would just say they never had a contract as your offer to buy was withdrawn before the contract was formed because they did not have the items in stock.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Thanks for the reply. That's annoying! The order was for a number of items and all were under £100 individually (and there's no way I could claim they were a package) so after reading the article it sadly looks like Section 75 doesn't apply in my case.

    In that case read the Chargeback article, which doesn't offer the same legal rights as S75 but does allow claims under £100.

    http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I ordered £400 of electrical goods expecting delivery within a couple of days. I then got an email saying they were out of stock and delivery would be up to 5 days so I replied cancelling the order.

    Two days later they despatched the order anyway so after the goods arrived (a week later) I again emailed asking them to collect the goods and refund me. I've since sent them further emails but they have not responded to any of them. Payment was taken on the order day by credit card and the card provider has said they cannot help as the goods were received.

    It has now been 20 days since the goods arrived so I guess I need to write a Letter Before Action but am unsure which part of the Consumer Contracts Regulations I should be relying on. Any suggestions?

    Similarly I am unsure whether I should bite the bullet and return the items at my cost within the 28 day period and then claim those costs back frim the retailer or insist they collect them?
    Instead of keep emailing them have you tried to contact them directly by phone. Who is the retailer in question?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    agrinnall wrote: »
    In that case read the Chargeback article, which doesn't offer the same legal rights as S75 but does allow claims under £100.

    http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

    Worth bearing in mind that before a Chargeback is made most banks will insist on the goods being returned.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think more details are required, such as what were the items in question, who is the retailer, was it a business purchase as I expect £400 worth of individual items may very well be.


    If you point the forum to the retailer we can at least look at their T&C's and find out what the problem is.
  • MobileSaver
    MobileSaver Posts: 4,339 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    neilmcl wrote: »
    Instead of keep emailing them have you tried to contact them directly by phone. Who is the retailer in question?

    No, I've emailed them several times from two different email accounts and they've not responded to any email. The company is Fastlec and interestingly their T&Cs don't seem to have any terms to do with orders.

    http://www.fastlec.co.uk/terms-conditions
    wealdroam wrote: »
    Worth bearing in mind that before a Chargeback is made most banks will insist on the goods being returned.

    I've no intention of keeping the goods but by the same token I shouldn't really have to pay to return them and then fight someone to get my money back from a situation that is purely of their making.
    bris wrote: »
    I think more details are required, such as what were the items in question, who is the retailer, was it a business purchase as I expect £400 worth of individual items may very well be.

    The items were fuses for a consumer unit and, no, it was not a business purchase.
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • daytona0
    daytona0 Posts: 2,358 Forumite
    http://www.fastlec.co.uk/returns?zenid=89fu2okct56rdrfhgh6agv5mt1

    is where you'll find the Ts and Cs for returns. Seems like you have to fill in a returns form. Also, "Buyer pays for return carriage" - I anticipate a kick off :)

    I would also recommend ringing: +44 (0) 1903 255424

    I can confirm that there is a woman currently manning that phone :)


    Simple problems require simple solutions.


    Points about the email "cancellation" you did:

    - It was a bit lackluster! I'd be on the phone right away to try my upmost to get it cancelled before dispatch, knowing full well that an email is potentially not going to be opened for up to 3 working days!

    - Possible that you have been replying to an unmonitored or automated account?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No, I've emailed them several times from two different email accounts and they've not responded to any email.
    Then maybe it's time to be a bit more assertive and speak to someone using their Customer Care number.
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