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Chargeback given, then company delivered the goods

Hi all. I’d be grateful for any advice on the least hassly way forward.

In April I ordered a chair for my dad who is in a care home. It was supposed to be delivered in two weeks. The date came and went, and I tried repeatedly to contact the company but couldn’t get through by phone or email. In early June I called my bank (Nationwide) and asked them to initiate a chargeback. I sent them through the chain of unanswered emails, and a couple of weeks later was refunded the money, though they did text to say this might subsequently be reversed on investigation. Throughout this time I heard nothing from the company.

I was getting daily chasing from the district nurse as my dad really needed the new chair, so following the chargeback refund I bought a new chair on Amazon, which I should have done all along! She was threatening to raise it as a safeguarding issue with social services (long story).

Last weekend I received a text message saying a parcel was going to be delivered by ParcelForce. This turned out to refer to the original chair, though it was actually delivered before I could contact the care home to ask them to refuse delivery. So now dad has two expensive chairs, one from Amazon which he is probably sat in right now, and one from Cowboy company, which is still in its box in another room.

I tried to call the bank but had missed the disputes team so will try to speak to to them again tomorrow. I believe I have 14 days from delivery to return the goods under DSR (or whatever the replacement is called), but does this have to be at my cost? Of course I’ve tried calling the company but of course can’t get any answer.

I’m very happy to name and shame the company when all this is over as they certainly shouldn’t be selling to elderly and disabled people (their target market) if they’re so incapable of any basic standards of communication, but in the meantime I’d love any advice on what to do with this unwanted chair.

Comments

  • molerat
    molerat Posts: 36,174 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stop calling and texting ...... WRITE !!

    Never associate with idiots on their own level, because, being an intelligent man, you'll try to deal with them on their level - and on their level they'll beat you every time.

    Being hated by idiots is the price you pay for not being one of them.

    Jean Cocteau 1889-1963

  • Webxite
    Webxite Posts: 39 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thanks for reply. In case it wasn’t clear, I’m not texting, I’m emailing, which my bank have accepted as valid correspondence attempts. I don’t particularly need advice on how to get a response from the company since it’s painfully obvious that they’re incompetent. My query was around the simplest way to return the unwanted goods, ideally without triggering a reversal of the chargeback. If that is to write a letter then I understand that it’s harder to ignore than an email, but I’m still not clear on what said letter would say.
  • sheramber
    sheramber Posts: 24,930 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Have you checked the website for details of how to return an item?

    It is usually on the delivery details page
  • Webxite
    Webxite Posts: 39 Forumite
    Second Anniversary 10 Posts Name Dropper
    I hadn't thought of that but I just checked and they make no mention of return a. They say they aim to dispatch in 7 days. In this case it was over ten weeks.
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Just email them, say you’ve had your money back via a chargeback and therefore the order should have been cancelled and you do not want the chair as (a) you haven’t technically paid for it, and (b) they’re failure to engage with you coupled with the elongated delivery time meant that you had to source an alternative.

    Then ask them to contact you to arrange collection.
  • DCFC79
    DCFC79 Posts: 40,651 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do as above.
  • Webxite
    Webxite Posts: 39 Forumite
    Second Anniversary 10 Posts Name Dropper
    da_rule wrote: »
    Just email them, say you’ve had your money back via a chargeback and therefore the order should have been cancelled and you do not want the chair as (a) you haven’t technically paid for it, and (b) they’re failure to engage with you coupled with the elongated delivery time meant that you had to source an alternative.

    Then ask them to contact you to arrange collection.

    Thank you da_rule and everyone else who has advised. I've done as above, and obtained proof of posting, and also filled in a 'returns' form on the company website, but haven't heard anything. Meanwhile a large armchair-sized box is sitting in my dad's small bedroom, obstructing him as he moves around, and he has major mobility issues (really not exaggerating, he's housebound and has dementia). How long do we have to keep the darn thing before we can dispose of it?

    From some research I've done, the company appear not to be compliant with rules around online selling, but I don't particularly want to draw their attention to that fact at this point as it won't benefit me and will benefit them.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,649 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Webxite wrote: »
    Thank you da_rule and everyone else who has advised. I've done as above, and obtained proof of posting, and also filled in a 'returns' form on the company website, but haven't heard anything. Meanwhile a large armchair-sized box is sitting in my dad's small bedroom, obstructing him as he moves around, and he has major mobility issues (really not exaggerating, he's housebound and has dementia). How long do we have to keep the darn thing before we can dispose of it?

    From some research I've done, the company appear not to be compliant with rules around online selling, but I don't particularly want to draw their attention to that fact at this point as it won't benefit me and will benefit them.
    Six years, I think. Sorry to be the bearer of bad news but I'm afraid chasing them is the only option. If you did dispose of it they could pursue you for its cost.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Not quite.

    1. Write to them giving them a timescale (e.g. 14 days) within which to collect else you'll sell the item for whatever you can reasonably expect (market rate, not mate's rate).

    2. If no response, write again as above.

    For both steps above get a certificate of posting and attach it to each copy of the letters. I believe you need to have contacted them (in writing) at least twice before you can dispose of the goods.

    3. If no response, sell the damn thing, deduct your selling expenses and then ring-fence the balance to give to them when they come asking. Perhaps write to them to outline the sell cost, expenses, and balance available to them.
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