Victorian Plumbing Claiming Return is damaged

c12hamilton
c12hamilton Posts: 6 Forumite
Part of the Furniture Combo Breaker
edited 24 May 2019 at 1:42PM in Consumer rights
Hi All

I recently ordered a toilet from Victorian Plumbing online. We discovered that the toilet was the wrong type, so we sent it back within the allowed time frame for a refund (it was less than a week).

We got the notification from Victorian Plumbing that they had received the delivery no problem, but then a couple of weeks later we received another email to say that the return was damaged so they cannot issue a refund, and on top of that they say because of the nature of the damage they have had to dispose of the toilet due to health and safety reasons.

I can guarantee that it was not damaged. They have also sent 2 photos, one with the entire box in its original packaging, and one super zoomed in photo of what appears to be a tiny, tiny nick on the toilet. It's so zoomed in I'm struggling to see exactly where the nick is. I feel that the disposal message is an attempt to get out of returning it to me, or having to further investigate.

They are clearly trying to get out of issuing a refund. Their claim is simply not true, it was delivered back to them in exactly the same condition it was delivered to us, within the time required.

Is there anything I can do to either force a refund, or escalate this to some other body that will be able to issue a refund?

Thanks for any help in advance
«1

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    How did you pay? (Debit card, Credit card, Paypal, Other)
    How much was it?
  • DoaM wrote: »
    How did you pay? (Debit card, Credit card, Paypal, Other)
    How much was it?

    Hi DoaM

    It cost £199.96 (plus £25 delivery), and it was paid for with paypal
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,703 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How did you send it back?
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    How did you send it back?
    I guess you're wondering if it got damaged in transit during return?
    and it was paid for with paypal

    Oh dear. Paypal buyer protection seems hardly worth the bits and bytes used to display it. You could try a claim but there's a good chance it will fail. :(
  • How did you send it back?

    Hi Ms Chocaholic

    We sent it back through a courier. I saw it get strapped up in the van so there was no chance it was damaged in there. The location of the damage in the photos, a small chip on an internal rim, also means it wouldnt have been from mis-handling.

    To be honest, I'm pretty sure that the photos they sent to illustrate the damage are actually of a different product. The picture is zoomed in so much I think they hoped that it wouldn't be noticed, but there is a small lip on the side of the picture that isn't part of the toilet we returned.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Was it their courier or yours?
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Was it their courier or yours?

    Hi Peter_the_piper

    It was my courier, they refused to pick it up.
  • Presumably

    All cancelled goods must be returned in its original packaging and in a re-sellable condition. We will not accept or refund any items that are damaged whilst in your possession or in transit back to us.


    Doesn't abide by the cancellation regs as they can't refuse to refund but have the option to reduce the refund for diminished value.

    Does their statement above fall under not providing the required written information?

    If it doesn't abide by the regs then they can't reduce the refund and OP is entitled to a full refund.

    Just to add, OP did you get an email or any paperwork detailing your right to cancel and if so was that clause above also included? (A link to the website T&Cs in an email doesn't count for anything).
    In the game of chess you can never let your adversary see your pieces
  • owen_money
    owen_money Posts: 764 Forumite
    edited 24 May 2019 at 5:48PM
    Had you used it at all? They generally wont give you a refund if its been used
    One man's folly is another man's wife. Helen Roland (1876 - 1950)
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,703 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can you ask for clearer photographs.
    Alternatively can you claim from your courier.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
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