Very - changed their mind

Jo_Smith_2

I ordered a vacuum cleaner from Very on 11 March 2017, using a £30 discount code. Was £99, but offer meant it cost £69. When it arrived, I gave it a try and found disappointed with the performance and it scratched my hard wood floor.

I contacted Very customer service and explained. They said I could return the vacuum as unsuitable and send me a returns label.

My statement was credited and updated with the vacuum removed and balance set to £0. I thought that was the end of it.

Then on 11 April 2017, I had a knock at the door. The vacuum had come back. I didn't accept it. When I contacted Very they said I had no right to refuse delivery. That I was liable, the vacuum was not faulty.

On 26 April the hoover was delivered again. I reluctantly accepted, because I was told if I didn't it would be incinerated and I would be charged.

Following numerous conversations using the online complaint query Very provided we wrote a letter of complaint to the Head office on 26 April 2017. We have received no acknowledgement of our complaint. I sent it recorded delivery.

I have £99 on my account again for the vacuum that is unsuitable (no mention of the code I use for the original order). And I have been told to pay up or pay interest.

I have found Very threatening and intimidating.

I was going to contact the financial ombudsman, but wondered if anyone has had a similar experience with Very and can offer any advice?

waamo

How quickly did you return it? Was it within 14 days?

Jo_Smith_2

Yes, I returned it within 14 days.

waamo

You have every right to a refund. This is covered by the consumer contracts regulations. A simple explanation can be found here http://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online

Did your letter demand a refund?

Fosterdog

Did you tell them you wanted to cancel as per your rights under the CCRs or did you tell them you didn't want it because it was faulty (not powerful enough and damaging your floor)

If the former then they have to accept your cancellation however they could reduce your refund because you used it. If the latter then if they have tested it and found it to not be faulty then you either need to accept it back and pay for it or get an independent report to prove that it is faulty.

shaun_from_Africa

waamo wrote: »

You have every right to a refund. This is covered by the consumer contracts regulations.

Not necessarily.

Whilst it's certainly correct that the OP had the right to return the vacuum within 14 days, Very also have the right to reduce the amount of any possible refund (up to the full selling price) if the value of the returned item has been diminished due to excessive handling.

The exact wording used in the act is:

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.
...
...
(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

There aren't any shops that I can think of that would allow you to plug in a vacuum and run it along a wooden floor and if they consider that due to the cost involved in cleaning and testing a used vacuum makes it worthless to them, they can reduce the refund by 100%.

Jo_Smith_2

Thanks for the quick replies. In my ignorance I wasn't aware of CCR. I never stated that vacuum was faulty, just not suitable.

I suppose my main gripe is I contacted Very and was very honest with them - I told them I tried it (never said anything about it being faulty). They said it was okay to return. They updated my account and was given a full refund on the account. I have a printed statement that shows good returned and accepted and outstanding balance is £0.

I didn't have any further communications from them, no letters, emails, calls, until they attempted to deliver it again. Then when I phoned them, they had updated my account and charged £99 + admin fees, and return fees.

If in the first instance they had said - you've used it, you cannot return it. I probably would have put it down to lesson learnt! But they didn't. And they gave me a refund and accepted the return. Two weeks later they changed their mind. I didn't think they could do this.

nyermen

Hi - just a comment on this:

"There aren't any shops that I can think of that would allow you to plug in a vacuum and run it along a wooden floor"

I'm not sure if it's still there (may have been a temporary stand - they had a dyson branded shirt on), but PC World in guildford had wood, carpet, and i think lino, on the floor of their hoover area, for "demonstrating on" (I think they had a bag of dust or similar as part of the demo), when I bought a new Dyson a while a go.

soolin

nyermen wrote: »

Hi - just a comment on this:

I'm not sure if it's still there (may have been a temporary stand - they had a dyson branded shirt on), but PC World in guildford had wood, carpet, and i think lino, on the floor of their hoover area, for "demonstrating on" (I think they had a bag of dust or similar as part of the demo), when I bought a new Dyson a while a go.

Isn't that different though? Would they have allowed you to open a different model, take it out of the box and try your own demo in the store with the various floors ?

waamo

I think this is a really good case for an ombudsman. There is no real definition of what is fair testing. What a retailer considers fair may differ greatly to a consumer.

If the ombudsman service is available I would try it. Let's face it you are in no worse a situation as now even if the ombudsman decides it's not fair testing.

DoaM

1. Raise a dispute with Very regarding the reapplication of the charge plus admin etc. As I recall, this should put a hold on the account and stop any interest charges accruing.

2. As part of the dispute, make sure it is clear that this is a formal complaint. Make it clear also that you'll be escalating to FOS if necessary (see below).

3. After 8 weeks (or whenever they reject your complaint and you can demand a Deadlock letter), raise a claim/case with the Financial Ombudsman Service (FOS).

Chances are Very will back down and remove the charges on your account, rather than risk FOS (where, I believe, the company - Very - get charged an amount [£500?] in respect of the claim).

Of course Very may also cancel your account, but that's not necessarily a bad thing ... the only benefit with very is being able to pay over a period; but their prices tend to take account of this and can be much higher than the general market.