SCAN.CO.UK Sent Wrong Item - Refusing Return

kodiplod

I ordered an Intel I9 Processor from Scan.co.uk for over 2k and it was delivered fine the next day.

After opening the delivery box (which was fine), I noticed the processor box had already been opened and was not sealed properly. I inspect the item closer and I could tell it was not an I9 processor and was what I believe to be an I7 processor worth about £300.

It looks like someone had swapped the lids on the processor to make it look like an I9 processor, I could even see glue around it.

I immediately contacted Scan and they said that it would be impossible etc but they accepted a return. I returned the item around 2 weeks ago now and am currently in contact with Amanda who is their returns manager.

She has told me she is investigating the serial numbers and issue with Intel and that at the moment she is rejecting the return, but will updated me further when she has a reply.

How is this allowed?! I have been sent a completely different processor to what I ordered, I am being charged interest on my credit card day by day for something that I have returned too!

Any idea on how I should respond to the message? Any help is hugely appreciated

Thanks!

pramsay13

http://uk.creditcards.com/guides/guide-to-section-75.php

DoaM

The interest is somewhat irrelevant - if it had been the correct item you would still have been accruing the interest.

As per above, raise an S75 claim.

kodiplod

Thanks, I was thinking of doing that last resort.

Should I wait for their final response or just fill out the claim anyway?

casseus

kodiplod wrote: »

Thanks, I was thinking of doing that last resort.

Should I wait for their final response or just fill out the claim anyway?

Scan has in essence rejected your returns and have kept the item to boot, your within your rights to issues a S75 now.

bris

Personally I would find this hard to believe so you can expect a hard fight on your hands.


The S75 claim will fail for the same reason and it will most likely be a court that decides.

Ectophile

bris wrote: »

Personally I would find this hard to believe so you can expect a hard fight on your hands.


The S75 claim will fail for the same reason and it will most likely be a court that decides.

The S75 will probably cost the credit card company nothing. They can chargeback to Scan, and charge them an administration fee for their time.


The alternative is to risk losing a profitable customer.

Streaky_Bacon

Did Scan agree to accept the return or just say that they would investigate if you sent it back?

Was any of this in writing?

If you told them the issue and, with that knowledge, they accepted the return I suspect they would be on very shaky ground trying to refuse you now.

They'll want to investigate it but a company of this size will have many instances of this a year, so unless they find strong evidence of fraud on your behalf, I imagine that they will end up accepting this as a cost of doing business.

If they do drag it out, you should make sure you ask them if the item was a previous return, or new from their supplier.

bris

Ectophile wrote: »

The S75 will probably cost the credit card company nothing. They can chargeback to Scan, and charge them an administration fee for their time.


The alternative is to risk losing a profitable customer.

No, they don't just give charge backs because the customer says so.


They will start the process then ask Scan for their defence, Scan will say this was impossible so they didn't breach the contract. The claim will fail and it will turn into a civil matter.


Scan will investigate and if they have a thief this wont be the first complaint they have had so will probably refund, if it's a one off then it's likely the claim will be rejected.

bingo_bango

bris wrote: »

No, they don't just give charge backs because the customer says so.

This isn't a chargeback. Section 75 rights are quite a different beast in law. S75 allows you to hold the credit provider jointly liable for the alleged breach of contract. Not the same as asking for a chargeback which is a voluntary procedure offered by credit providers and does not apportion any blame to them.

They will start the process then ask Scan for their defence, Scan will say this was impossible so they didn't breach the contract. The claim will fail and it will turn into a civil matter.

Quite disingenuous of you state that the claim will fail. It could possibly fail, but as you are not the investigating party you are not in a position to claim anything of certainty here.

Scan will investigate and if they have a thief this wont be the first complaint they have had so will probably refund, if it's a one off then it's likely the claim will be rejected.

You're correct that if the S75 claim fails then it becomes a civil matter, but also worth pointing out that either the retailer, the credit provider or both together can be named as respondents in that case.

Streaky_Bacon

bris wrote: »

They will start the process then ask Scan for their defence, Scan will say this was impossible so they didn't breach the contract. The claim will fail and it will turn into a civil matter.

The credit card company are, of course, liable too, so they will want to judge what their prospects are if it went to court.

I suspect that they will want more from Scan than a simple "it's impossible".

I'd be interested to see exactly what Scan come up with, including whether this was direct from their supplier or a return from another customer. Also, it may not matter what they come up with if they actually agreed to the return, and had full knowledge of the issue.

However, I would guess, after their investigation that they will eventually refund (again, unless they have strong evidence of fraud by the OP).