My John Lewis laptop saga

R_Parr
R_Parr Posts: 3 Newbie
edited 13 May 2017 at 6:40PM in Consumer rights
Hey Guys,

I've made an account to express my frustration and get some advice on how to go forward with the following problem, any advice would be greatly appreciated.

I recently became self-employed and started freelance work, after having used the same laptop for several years I was in need of a new one.
I originally ordered a laptop online from John Lewis on 31/01/17 for the sum of £1389.95. Shortly after ordering I realised that this was the incorrect laptop model and so returned this on 10/02/17 via Collect+ at a ‘Martin McColls’ store and was issued a proof of postage receipt (the laptop had not been opened or used).

I waited several weeks for a refund but did not hear back. I contacted John Lewis to inquire about my refund but was told they have received an empty box. I contacted Collect+ (the company issuing the return) who said they have proof of delivery to John Lewis.

John Lewis refused to refund me and asked me to get the police involved. I contacted the police who provided me with a crime reference number but informed me that they will not be investigating this further and advised me to contact my bank.

I contacted my bank for a chargeback and after several emails have advised me that they will not be issuing a chargeback for this purchase.

John Lewis has flat out refused to refund me, I’m being treated as a thief and this is a large sum of money to me especially after recently becoming self-employed. I did everything I was contractually obliged to do, I returned the goods following their instruction as they provided the collect plus returns sticker.

Should my next step be to issue a letter from a solicitor or contact the small claims court?

Sorry for the essay!
«1

Comments

  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Does the proof of postage contain a weight?

    If so then you should bring attention to this.

    Before MCOL You should try shaming them on social media. unfortunately this is a needed step these days and the teams on there are usually easier to dela with than the average moron you get on the phone.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I presume JL paid for the return?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • R_Parr
    R_Parr Posts: 3 Newbie
    Hi Guys,

    Carrot007 - Thanks for your reply. This is what I thought, I contacted CollectPlus and they informed me that the weight for items under 10kg (I think it was 10) are not recorded. Which is rediculous really.

    That may be the next step I'll have to take.

    UnholyAngel - Yes they did. They provided a sticky label of returns methods.

    Does anyone have another solution?
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    edited 13 May 2017 at 7:58PM
    Carrot007 wrote: »
    Does the proof of postage contain a weight?

    If so then you should bring attention to this.

    Before MCOL You should try shaming them on social media. unfortunately this is a needed step these days and the teams on there are usually easier to dela with than the average moron you get on the phone.

    Someone thanked this? Since when has it been acceptable to refer to call centre workers as morons?

    If you contact JL head office they'll put you through to a customer service manager. If you'd rather deal with it by email the switchboard will give you an email for the executive team.

    The problem you have is that it is your word against theirs. If they will not refund you then you'll need to issue a small claims action, where the judge would decide on the balance of probabilities which version of events they believe. It's not possible to say whether they would decide for you or not.

    No help now but for the future, stick to Royal Mail. I've had the same situation (not JL) and it was only resolved because I had a record of the weight.
  • Mr.Generous
    Mr.Generous Posts: 3,922 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I'm amazed you paid out nearly £1400 for a laptop when it wasn't the one you wanted. Before I spent £500 I'd make absolutely certain it was what I wanted. I also insure parcels if the value is over £100 as that's about the most I'm prepared to loose.
    Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    R_Parr wrote: »
    Hi Guys,

    Carrot007 - Thanks for your reply. This is what I thought, I contacted CollectPlus and they informed me that the weight for items under 10kg (I think it was 10) are not recorded. Which is rediculous really.

    That may be the next step I'll have to take.

    UnholyAngel - Yes they did. They provided a sticky label of returns methods.

    Does anyone have another solution?

    Try going back to JL and pointing out that as you have evidence you had handed it over to their agent, that the risk (and therefore liability) remains with them and that if they didn't use a secure enough service, that was their own decision and they should not be making you their insurer.

    If it was still within the timeframe of it happening, I would have advised to ask the drop off location if they had any cctv and if so, to review it/provide you a copy of you handing the parcel over - as handing over a box with something weighty like a laptop should be obvious compared to the weight of air that wouldve been an empty box.
    IAmWales wrote: »
    Someone thanked this? Since when has it been acceptable to refer to call centre workers as morons?

    Yes I did, I've also thanked posts of yours previously. I wasn't aware of any rules surrounding when you can thank a post and when you can't, or that you have to agree with an entire post in order to thank it etc.

    However I wouldn't say the poster in question was saying all call centre workers are morons. That would be an inane thing to say. Likewise it would inane to say that there aren't moronic call centre workers. Those who are literally incapable of dealing with anything that doesn't neatly fit into the pre-defined perimeters they're trained on.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JL aren't thieves, it doesn't matter whether they arranged it or not it doesn't change the fact they got an empty box.


    It' would be an easy scam to do if you think they would just refund on your say so. just playing devils advocate but JL do not scam customers.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bris wrote: »
    JL aren't thieves, it doesn't matter whether they arranged it or not it doesn't change the fact they got an empty box.


    It' would be an easy scam to do if you think they would just refund on your say so. just playing devils advocate but JL do not scam customers.

    No one has said JL should refund on the OP's say so - but they should be at least trying to investigate rather than washing their hands.

    And no, it doesn't change the fact they got an empty box but it does affect the legal position on when liability passes. It was their choice to use a courier that doesn't weight parcels under 10kg - if they had, OP probably wouldn't be having this issue.

    OP, perhaps ask them who their ADR provider is. Failing that, you have nothing to lose by submitting a letter before action to them. No solicitor required - legal fee's aren't recoverable in small claims usually so it would be coming from your own pocket and tbh, a well drafted LBA from yourself will have as good a chance as a solicitors letter (solicitors letters might scare your average joe but they're not going to scare a corporation who deals with solicitors on what is probably an everyday basis).

    It may be worthwhile submitting a letter request to the drop off point also for any cctv - I think theres a 0% chance they still have the footage after this much time but you never know unless you ask.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • R_Parr
    R_Parr Posts: 3 Newbie
    Bris - If you read my original post correctly you will see that I do not accuse JL of attempting to scam me but highlight the fact that I am being treated as guilty before a full inquiry.

    UnholyAngel - Thanks for your advice, some great points! I've completely overlooked arguing the case of parcel weight.

    I'll try the using the ADR to submit a claim online. Failing that I'll draft a letter and see what comes of it.

    It's extremely frustrating to try and argue this case as I can imagine how it looks from the perspective of the JL customer services. They must be very wary of people attempting to commit fraud in a similar manner. Hopefully they'll seriously consider my case after I escalate it.

    Thanks for everyones input!
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I know it doesn't much help but if I was returning a £1400 laptop I wouldn't be doing it via Collect+. you have no idea what happens to the parcel between you handing it over to your local paper shop and when it's picked up by a third party courier.
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