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John Lewis returns help

TheLondoner
Posts: 119 Forumite

Hi everyone,
I've just had a nightmarish time over the last 2.5 weeks trying to get a refund out of John Lewis, so I thought i'd share this story with you to help others out too.
I bought a laptop on 24th November during the black friday sales. I always buy online as I felt it is easier to return items under the distance selling regulations. However, when this laptop arrived on November 26th, I found that it was not fit for purpose as the screen brightness flickered, touch screen was temperamental and opened random videos I didn't click, and the video froze when playing. I decided to return the item the next day at a local John Lewis store in person for a refund. I did this because the website said I would get a refund within 5 days if I dropped it off in person. So the saga began!
In the store I just told them I wanted to return the item as "I was not happy with the item" or "did not like the item" - something along those lines. They then accepted the refund after initially telling me I couldn't return it because the laptop had been used. But I said the chap on the phone told me I could return it as long as there was no data on it, which there wasn't.
So after 5 days passed, I still didn't see the money in my account, so I called to ask, and they told me to wait 7 days, as they had to send the laptop to their warehouse so I had to wait 2 weeks, not 5 days. So after 13 days I e-mailed John Lewis asking what was happening, and they told they were shipping the item back and I would not get a refund because the item had been used and had data on it. I did a hard reset (3-5 hrs to wipe drive) so not sure what they found). Anyway, since they were not honouring their obligation under the distance selling regulations I disclosed it was faulty too, and I wanted to return it under the consumer rights act. They still said no at their normal customer services level.
I then got so fed up, I opened a dispute with my credit card company and e-mailed the MD using the ceoemail address website. One of their directors forwarded my e-mail to someone in executive level complaints who called me back the following day. (2 weeks and 1 day after the return).
Me and the JL chap had an interesting discussion about their returns conditions, distance selling regulations, and the consumer rights act, and when I asked him whether John Lewis's own terms and conditions supersedes the distance selling regs, he said no, they don't. He also agreed I had the right to return the item, regardless of whether it was faulty or not, opened or not, under the distance selling regulations, and I should have been refunded sooner. They initially tried to deny me the refund based on GDPR saying because there was data on it they couldn't let me return it, but I think this is just a guise to get out of refunding consumers. He also said my rights under the distance selling regs and consumer rights act supersede GDPR and their own T&Cs. I finally got a refund this morning.
Then after he agreed to the refund, I asked him why this had happened, and surely John Lewis should know about the distance selling regs, and I should not have gone through what I went through to get a refund. He told me:
"the onus is on the customer to let John Lewis know of their statutory rights. If they don't mention them, we will hold them to our own terms and conditions", or something to this effect.
Basically John Lewis's position is: if you know your statutory rights, they will refund you, but if you don't you will be held to their inferior terms and conditions and will not get a refund.
I am thinking of writing to the newspapers about this as I feel it is unjust on all the consumers who do not know their rights. In my opinion, John Lewis are flouting the law by deceiving unwitting customers who are ignorant of their statutory rights. Best to avoid John Lewis. They are not what they used to be. I certainly will not be shopping with them again after this experience.
I've just had a nightmarish time over the last 2.5 weeks trying to get a refund out of John Lewis, so I thought i'd share this story with you to help others out too.
I bought a laptop on 24th November during the black friday sales. I always buy online as I felt it is easier to return items under the distance selling regulations. However, when this laptop arrived on November 26th, I found that it was not fit for purpose as the screen brightness flickered, touch screen was temperamental and opened random videos I didn't click, and the video froze when playing. I decided to return the item the next day at a local John Lewis store in person for a refund. I did this because the website said I would get a refund within 5 days if I dropped it off in person. So the saga began!
In the store I just told them I wanted to return the item as "I was not happy with the item" or "did not like the item" - something along those lines. They then accepted the refund after initially telling me I couldn't return it because the laptop had been used. But I said the chap on the phone told me I could return it as long as there was no data on it, which there wasn't.
So after 5 days passed, I still didn't see the money in my account, so I called to ask, and they told me to wait 7 days, as they had to send the laptop to their warehouse so I had to wait 2 weeks, not 5 days. So after 13 days I e-mailed John Lewis asking what was happening, and they told they were shipping the item back and I would not get a refund because the item had been used and had data on it. I did a hard reset (3-5 hrs to wipe drive) so not sure what they found). Anyway, since they were not honouring their obligation under the distance selling regulations I disclosed it was faulty too, and I wanted to return it under the consumer rights act. They still said no at their normal customer services level.
I then got so fed up, I opened a dispute with my credit card company and e-mailed the MD using the ceoemail address website. One of their directors forwarded my e-mail to someone in executive level complaints who called me back the following day. (2 weeks and 1 day after the return).
Me and the JL chap had an interesting discussion about their returns conditions, distance selling regulations, and the consumer rights act, and when I asked him whether John Lewis's own terms and conditions supersedes the distance selling regs, he said no, they don't. He also agreed I had the right to return the item, regardless of whether it was faulty or not, opened or not, under the distance selling regulations, and I should have been refunded sooner. They initially tried to deny me the refund based on GDPR saying because there was data on it they couldn't let me return it, but I think this is just a guise to get out of refunding consumers. He also said my rights under the distance selling regs and consumer rights act supersede GDPR and their own T&Cs. I finally got a refund this morning.
Then after he agreed to the refund, I asked him why this had happened, and surely John Lewis should know about the distance selling regs, and I should not have gone through what I went through to get a refund. He told me:
"the onus is on the customer to let John Lewis know of their statutory rights. If they don't mention them, we will hold them to our own terms and conditions", or something to this effect.
Basically John Lewis's position is: if you know your statutory rights, they will refund you, but if you don't you will be held to their inferior terms and conditions and will not get a refund.
I am thinking of writing to the newspapers about this as I feel it is unjust on all the consumers who do not know their rights. In my opinion, John Lewis are flouting the law by deceiving unwitting customers who are ignorant of their statutory rights. Best to avoid John Lewis. They are not what they used to be. I certainly will not be shopping with them again after this experience.
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Comments
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On the other hand if you buy in store, you can try one out first, so you won’t buy something you don’t like.
Your rant is somewhat confusing you say the screen was flickering, which suggest it was faulty so you would have been entitled to a replacement or full refund regardless of how you purchased it. You returned it with the reason you simply did not like it, so was it faulty? or was it just tyre kickers remorse?0 -
Sounds to me your "nightmare" was of your own making. Of course the buyer needs to be aware of, and if necessary, seek a remedy under their statutory rights, after all it is "their" rights. Also, you clearly don't understand those rights because if you did you would know for a start that the Consumer Contract Regulations 2013 (your so-called distance selling regs) allow for a seller to deduct an amount up to the full value of the goods where usage has gone beyond what is necessary to determine the characteristic, design and functioning of the item. That does not mean you can use a laptop for 5 days then change your mind.
If you wanted to return it because it was not "fit for purpose" then you should've done this from the outset and made it clear that this was what your were doing.0 -
Sounds like a job for " Resolver "" worked for me with JL and it's free :money:There are more questions than answers :shhh: :silenced:WARNING ! May go silent for unfriendly repliesPlease excuse me Spell it MOST times:A UK Resident :A0
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Rant forum is up a bit.....0
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Sounds like a job for " Resolver "" worked for me with JL and it's free
A simple E-Mail direct to John Lewis customer service will achieve exactly the same result.
Why involve any third party (even a free one)?
The problem is that the OP is confused over his rights...0 -
You have replies on your earlier thread that you either haven't seen or you don't want to read; https://forums.moneysavingexpert.com/discussion/59366550
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CakeCrusader wrote: »You have replies on your earlier thread that you either haven't seen or you don't want to read; https://forums.moneysavingexpert.com/discussion/59366550
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Moneyineptitude wrote: »Annoying repeated posts (or threads) are becoming a feature of this forum lately..
It's frustrating, especially when people have taken the time to help earlier and have been ignored.0 -
Wiping the hard drive suggest you did load data on to the laptop.
If you had been upfront with them about it not working you wouldnt be in this mess that you have created
will you return to this thread though0 -
If you do not like what I've posted, just ignore it. Please do not be patronising as some of you guys are coming across as. I posted this to warn people about JL's policy and help anyone else who has problems returning items in the future.0
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