Very returns

Solarpowered

I need some advice please...

I purchased an item from Very costing £150. When the item arrived I noticed it was damaged so I phoned the helpline and was advised that it would be collected via courier. Very don't provide replacements so I was told to order the item again, and a refund for the original item would be issued on receipt of the return.

The 2nd item arrived with the exact same fault so I requested a return for that also.

To cut a really long story short. I have spent 4 days waiting at home on scheduled collection days for yodel (Verys courier) not to arrive. Numerous phonecalls, emails and tweets to very only result in apologies from Very and more promises of collections where nobody arrives.

It's about 5 weeks since I requested the returns, Very are refusing to process my refund until they receive the returns...but also not collecting the returns. I've got 2 massive boxes of defective products taking over my living room and I'm £300 out of pocket.

The items are too large for collect+ to accept. I submitted a dispute with visa debit (I paid using my debit card) which has been rejected by Visa.

Any advice on what to do to recover my money really appreciated... I'm at a loss (and really quite frustrated with Very and their rubbish customer service).

Thanks

unholyangel

What was the reasoning your bank (visa wouldn't reject your claim, it would either be your own bank or the merchants bank) gave for the claim being rejected? Anything to do with the payment being made to a credit account and not being used to buy the goods?

You should be able to complain to the financial ombudsman - both about the rejection from your bank and also about very themselves (who carry out credit activities by way of giving you an account with a credit limit). No guarantee the ombudsman will find in your favour but it won't cost you anything so the worst that can happen is they also say no.

I've found with very you need to be as subtle as a sledgehammer or you don't get anywhere.

Do you have something in writing saying you requested its return within 14 days starting day after delivery? If so, I'd perhaps trying saying to them via email that you notified them within the time limit required for consumer contract regulations and that - as they're collecting the goods - they have 14 days from you notifying them you wanted to cancel to refund you. That the goods are rather bulky and due to that, you are not going to be able to keep them indefinitely so that you are requesting they arrange collection (and ensure it is adhered to) without further delay or you will also be claiming for any reasonable costs incurred.

wealdroam

unholyangel wrote: »

What was the reasoning your bank (visa wouldn't reject your claim, it would either be your own bank or the merchants bank) gave for the claim being rejected? Anything to do with the payment being made to a credit account and not being used to buy the goods?

I imagine the claim could be rejected because the goods have yet to be returned.

But as I say, I'm only guessing. We need the OP to be more explicit.

wordsearch

Unfortunately that seems to be just how it is with Very. Take a look at their reviews on trustpilot - it's amazing that such a big company is so awful. They really messed us around too and over quite a big chunk of money.

If you haven't already, contact their social media team. They will send you a form to complete. I'm not sure why, but the team that deals with that route are significantly more helpful and useful than the phone team and got everything sorted much quicker for me. (Still would never use them again though!)

Solarpowered

Thanks for the replies all.

My bank rejected the claim on the basis that "the transaction was processed correctly and the dispute is between the cardholder and the merchant . unfortunately upon reviewing the information provided , your visa dispute does not fit into any of our chargeback categories" they advised me to contact the merchant directly.

I gave my bank a detailed account of all contact I've had with very , and of the failed collections.

I didn't sign up for a credit account with Very, I paid with a visa debit up front. Does ombudsman still apply?

Unholyangel I don't have the original return request in writing unfortunately, it was over the phone. I do have plenty of emails to Very at later dates after some failed collections that mention the returns.

Wordsearch I've tried the social media team too - same promises of collection , without any showing up.

Are Very legally entitled not to process a refund until they receive to goods? I read the consumer contracts act and it wasn't clear to me....

They really are an awful company to deal with. I was shocked when I read the reviews on trust pilot

angryparcel

Solarpowered wrote: »

Are Very legally entitled not to process a refund until they receive to goods?

Yes as why refund you when you still have the goods, they will require the goods back before a refund will be issued.

wealdroam

Solarpowered wrote: »

Are Very legally entitled not to process a refund until they receive to goods?

No they are not.

Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 includes:

34 Reimbursement by trader in the event of withdrawal or cancellation

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—
(a) the day on which the trader receives the goods back, or
(b) if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

That tells us that as Very have offered to collect the goods, they must refund you within fourteen days of you giving them notice of your order cancellation.

However, if you are rejecting the goods because they do not conform to contract, known as the short term right to reject under The Consumer Rights Act 2015, then Section 20 of that Act applies.

Section 20 of the CRA includes:

20 Right to reject

(15) A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

The rest of that Section 20 is well worth reading as it covers the seller's responsibilities for collecting the goods and other useful stuff.

unholyangel

Solarpowered wrote: »

Thanks for the replies all.

My bank rejected the claim on the basis that "the transaction was processed correctly and the dispute is between the cardholder and the merchant . unfortunately upon reviewing the information provided , your visa dispute does not fit into any of our chargeback categories" they advised me to contact the merchant directly.

I gave my bank a detailed account of all contact I've had with very , and of the failed collections.

I didn't sign up for a credit account with Very, I paid with a visa debit up front. Does ombudsman still apply?

Unholyangel I don't have the original return request in writing unfortunately, it was over the phone. I do have plenty of emails to Very at later dates after some failed collections that mention the returns.

Wordsearch I've tried the social media team too - same promises of collection , without any showing up.

Are Very legally entitled not to process a refund until they receive to goods? I read the consumer contracts act and it wasn't clear to me....

They really are an awful company to deal with. I was shocked when I read the reviews on trust pilot

The ombudsman basically deals with complaints about financial services & products so unless it went via your very account and was immediately cleared off by visa debit payment, they wouldn't be able to deal with your complaint.

I'd still question how exactly the payment went through though as the banks comment about the dispute being between "the cardholder & the merchant" seems a bit strange if it was the merchant they were charging back against.

Perhaps ask your bank to reconsider the complaint first, pointing out that as you cancelled in line with the T&C's of the contract and that your statutory rights form part of the T&C's by default (and those rights entitle you to a refund within 14 days from notifying the retailer if they have offered to collect the goods - which they have) that it should have been processed under the chargeback code for credit not received. If they refuse you can still escalate to the ombudsman. Although be aware even if you get your refund, you're still going to be stuck with the goods & be under a duty to take reasonable care of them/make them available for collection.

So alternatively, try emailing them as I suggested in my first response - you really do need to be straightforward and blunt with them though to get anywhere.