HoF told me I couldn't cancel

Jennifer_Rice

Hi Everyone,

I ordered shoes from House of Fraser's website on 8 June 2017 but realised just after I pressed the 'confirm' button that the delivery address was wrong. I IMMEDIATELY contacted HoF via their online chat to change the address but they told me they couldn't. I then requested to cancel the order. Again, they told me they couldn't. I could not understand how this could be the case so I called HoF customer service directly. Again, I was told I could not cancel the order but could return the shoes once I received them. Problem was, I no longer lived at the delivery address they had on file.

Despite this I decided to take the trip all the way back to my old house in an effort to retrieve the package. When I went to my old house it was still empty; it was obvious that no one lived there. I managed to get ahold of the courier who sent the package and they told me they left the package with a neighbor. I knocked on their door but no one answered.

Now, two months later I have learned about some UK consumer rights (I am from the US) and feel I may have some legal footing to request a full refund from HoF.

What is your opinion? Do I have any case to argue for my money back from House of Fraser?

Thank you for your help,
Jenn

spadoosh

Im fairly sure the only way you could get your money back is if you return the shoes to HoF, do you have the shoes?

A lot of companies are unable to cancel orders immediately after being placed. Largely down to just in time and warehouse systems. As soon as you place the order a picking list is created, someone will eventually pick said items and put them out for delivery. This can take minutes or hours depending on how busy they are.

Ultimately the address is your mistake. Ideally it wouldve been a failed delivery but that doesnt seem like the case? I think youre going to have ot track down the shoes before getting anywhere with HoF. Try and see it from their side. Theyve sent some shoes to a house you provided and youre saying it was the wrong address and you want a refund and they dont have their shoes. It sounds like an easy way for customers to get free goods.

rach_k

No, you don't. The fact that they are efficient at processing and dispatching orders is normally a good thing - we can't have it both ways (fast when you want something and slow when you want to cancel!).

Will they still accept a return if you can get the shoes back to them? I would suggest writing to the neighbour and ask them to text you their number so you can call them. Explain and if they're nice they may offer to return the shoes for you (especially if a free returns label is included in the parcel). Otherwise, ask when you can go back to collect them.

bris

The law was on your side with the old DSR's where you could cancel at any time up to 7 days and still get your money back whether they got the item back or not.


This was changed in the newer CCR's where you can't do that anymore.


Cancelling before dispatch is only available if possible and some companies can do it. But a lot of the major retailers are just all computerised and once started can't be stopped leaving you to start the return process when they arrive.

the_lunatic_is_in_my_head

If the parcel wasn't left at the address the OP stipulated, as the courier claims, then does this mean HoF haven't delivered them according to the contract and OP has a claim?

unholyangel

the_lunatic_is_in_my_head wrote: »

If the parcel wasn't left at the address the OP stipulated, as the courier claims, then does this mean HoF haven't delivered them according to the contract and OP has a claim?

Yes, unless OP has given the authorisation to leave it with neighbours.

bris wrote: »

Cancelling before dispatch is only available if possible and some companies can do it. But a lot of the major retailers are just all computerised and once started can't be stopped leaving you to start the return process when they arrive.

A retailer can't refuse cancellation - even if they've made the choice to have a system/use a courier which doesn't give them the flexibility required to do it.

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)regulation 34(3) (where enhanced delivery chosen by consumer);
(b)regulation 34(9) (where value of goods diminished by consumer handling);
(c)regulation 35(5) (where goods returned by consumer);
(d)regulation 36(4) (where consumer requests early supply of service).

(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.

(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liability.

I've included (3) there as obviously if HoF are one of the many retailers who say a contract isn't formed until dispatch and OP cancelled before the goods were dispatched then they were actually withdrawing their offer (rather than cancelling). HoF cannot accept an offer once its been withdrawn.

This is the problem with hiring "computer says no" people. If something doesn't fit into what they've been trained on, they try to make it fit rather than showing any initiative.