Company in violation of terms and conditions

Hi,

I have a dispute with a company where I am asking for a refund of an order. According to their terms and conditions, I am eligible for a refund, however they are only offering that I can get a replacement sent out.

My question is, after hitting a brick wall with the company in this case, what are my next steps in recovering my money. If necessary, I can give any further details.

Thanks!
Debenhams CLEAR||AMEX CLEAR||Barclay Card CLEAR||Halifax CLEAR
Council Tax 15/16/17 CLEAR
Updated: 30/6/2017
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Comments

  • bris
    bris Posts: 10,548 Forumite
    First Post First Anniversary Name Dropper
    We need further details.


    Why the refund, when you bought it and where, instore or online.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    Any details would be good.

    Did you buy a product or service? Custom made? Why do you want to return? What are their terms & conditions? When did you buy?

    I get the impression youre deliberately withholding information? People are normally quite keen to go in to a lot of details about this kind of thing, youre lack of information makes me think you want to convince us youre entitled to a refund before we can establish if you are.

    In order to answer your question you would need to start court proceedings in order to force (read as heavily encourage) payment.
  • ethranes
    ethranes Posts: 69 Forumite
    First Anniversary First Post Combo Breaker
    The order was bought online, and delivered to a neighbor (because I wasn't in). Terms and conditions state that if they are not able to deliver to me at my address, that the order is to be sent away and I will need to pay £30 to redeliver.

    https://www.cotswoldco.com/terms-and-conditions/

    Unless I am missing something in those terms and conditions.
    Debenhams CLEAR||AMEX CLEAR||Barclay Card CLEAR||Halifax CLEAR
    Council Tax 15/16/17 CLEAR
    Updated: 30/6/2017
  • bris
    bris Posts: 10,548 Forumite
    First Post First Anniversary Name Dropper
    If it was delivered to a neighbour why would you need a refund? drip feeding info isn't helping
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    So why not just collect it from your neighbour?
  • ethranes
    ethranes Posts: 69 Forumite
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    neighbour denies having it. We aren't very friendly. If there's any more info you guys need, please let me know.
    Debenhams CLEAR||AMEX CLEAR||Barclay Card CLEAR||Halifax CLEAR
    Council Tax 15/16/17 CLEAR
    Updated: 30/6/2017
  • bris
    bris Posts: 10,548 Forumite
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    Fosterdog wrote: »
    So why not just collect it from your neighbour?
    Playing devils advocate a company would assume the item has been collected from neighbour, OP claiming its gone missing and wanting a refund rather than another of what ever it is.


    I can see why they are sceptical.
  • ethranes
    ethranes Posts: 69 Forumite
    First Anniversary First Post Combo Breaker
    edited 30 January 2019 at 5:29PM
    I get that they would be skeptical in this case. But they should never have given the order to anyone else other than me, If I wasn't in, it should have been taken away and redelivered for a free. It says this about it in their terms.

    6. DELIVERY

    We will deliver your products to the address you provide us at the time you place your order.

    You will be asked for a signature on receipt of your order to confirm where possible, that your products have arrived in a satisfactory condition.

    You will be asked for a signature on receipt of your order to confirm where possible, that your products have arrived in a satisfactory condition. Please see section 7 of these terms and conditions for full details of what to do should you need to return your products for any reason.

    For all orders, it is essential that someone over the age of 16 is available to receive and sign for your delivery. Unfortunately, we will not be able to deliver your products if there is no one at home to sign for them, so please contact our Customer Services team if that is likely to be the case. Please also ensure the person at your property has all your order details, in particular details of any extras you have paid for, as our drivers will be guided by them during the delivery; this includes where you want the goods delivered if you have selected a Room of Choice service. Unfortunately we cannot provide a refund for any services refused at the time of delivery, as these are arranged and paid for in advance. If you miss your delivery you will be charged for the costs incurred. Re-delivery charges are £30 for Standard Delivery, £60 for Large Item Delivery and surcharges can apply depending on your location. Please note that we are not always able to advise specific delivery times in advance. Please see our delivery page for more information.

    Products will be your responsibility from the time the courier delivers them to the address you gave us or you collect from us.


    Their site is always reiterating that it will be redelivered at a fee if delivery fails. And that they will only deliver it to the address I give. It has no mention anywhere of deliver companies delivering it to other peoples address'
    Debenhams CLEAR||AMEX CLEAR||Barclay Card CLEAR||Halifax CLEAR
    Council Tax 15/16/17 CLEAR
    Updated: 30/6/2017
  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    You look dodgy as thats why.

    You ordered something apparently its gone next door and you didnt recieve it and now you want it refunding. You dont even want what you ordered originally?

    Claim to them that its undelivered. Get the replacement sent out free of charge and then simply ask for a refund under your rights to return online goods as <insert generic reason for return>. Cant remember if you ahve to take the hit on the delivery charge or not?!
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    First Anniversary Name Dropper First Post
    So why did you arrange delivery for a day you wouldn't be at home and why didn't you follow their instructions to contact them to let them know nobody would be at home? It does all sound very suspicious.
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