Online retailer refusing refund for sale item

20SmthngSver

born_again said:

20SmthngSver said:

@waamo I just called Sainbury's Bank to file it under Section 75, as the original total was £109. I ordered three jeans plus delivery but returned two pairs. Can't get the delivery cost to me back now and the return cost is on me anyway.

Well you can't do a S75 claim then....
It is Item cost that has to be over £100. Which with 3 jeans & a total of £109 is not.
If they are doing a partial chargeback, then you will have to provide a breakdown of the item costs & should include the outbound postage.. But will not include any return postage.
In effect you can only claim for 2 x jeans & outbound postage.

Well she said to me that I could claim. What method they will use then I don't know. 

I am keeping one pair of jeans, so I'm not sure if I can claim for the £3.99 shipping to me. I definitely cannot claim for the £4 fee to post the 2 jeans I returned.

DoaM

20SmthngSver said:

born_again said:

20SmthngSver said:

@waamo I just called Sainbury's Bank to file it under Section 75, as the original total was £109. I ordered three jeans plus delivery but returned two pairs. Can't get the delivery cost to me back now and the return cost is on me anyway.

Well you can't do a S75 claim then....
It is Item cost that has to be over £100. Which with 3 jeans & a total of £109 is not.
If they are doing a partial chargeback, then you will have to provide a breakdown of the item costs & should include the outbound postage.. But will not include any return postage.
In effect you can only claim for 2 x jeans & outbound postage.

Well she said to me that I could claim. What method they will use then I don't know. 

I am keeping one pair of jeans, so I'm not sure if I can claim for the £3.99 shipping to me. I definitely cannot claim for the £4 fee to post the 2 jeans I returned.

You can't ... the outbound shipping charge is only refundable if the entire contract is nullified. If you keep some of the order then the shipping charge remains.

To the latter point ... you can't, assuming that the seller has fulfilled all their legal obligations - which includes informing you that you are liable for any returns charges for change of mind, and such information must be provided to you by durable means (e.g. in an email is OK; a link to website terms in an email is not OK) before you become bound to the contract. If the seller has not fulfilled such obligations then they are liable for the returns costs too - but enforcing this would probably not be worth the effort.

20SmthngSver

@DoaM That's what I thought. My main focus is the £70.

mistermhill

I have the same issue. I returned my items within the 14 days and was issued a credit note. After numerous emails from Hera stating they do not provide refunds and the credit card company refusing to help, I have had to take them to court. 

wanttobedebtfree85

mistermhill said:

I have the same issue. I returned my items within the 14 days and was issued a credit note. After numerous emails from Hera stating they do not provide refunds and the credit card company refusing to help, I have had to take them to court. 

Did you get anywhere with this? I am having exactly the same issues as many people are with these cowboys, and have a default judgment entered that they have ignored so
not sure if I should be paying the fees to have it enforced and the bailiffs sent to their office? 

waamo

wanttobedebtfree85 said:

mistermhill said:

I have the same issue. I returned my items within the 14 days and was issued a credit note. After numerous emails from Hera stating they do not provide refunds and the credit card company refusing to help, I have had to take them to court. 

Did you get anywhere with this? I am having exactly the same issues as many people are with these cowboys, and have a default judgment entered that they have ignored so
not sure if I should be paying the fees to have it enforced and the bailiffs sent to their office? 

What's the point of getting a judgement if you don't?

wanttobedebtfree85

I guess there isn’t one....I’m just not convinced if I pay the fee to get the bailiffs around that I’ll even at that point get everything back

waamo

wanttobedebtfree85 said:

I guess there isn’t one....I’m just not convinced if I pay the fee to get the bailiffs around that I’ll even at that point get everything back

It's a risk but if you don't you will never know. They have a registered UK address so bailiffs may be able to exert some pressure.

mistermhill

wanttobedebtfree85 I currently have an open court claim and waiting for their reply.  I'm doubtful they will as they seem to ignore everything.  If they don't reply I'll be enforcing a judgment for sure.

wanttobedebtfree85

Yes, I’d not expect a reply...they ignored the claim so a default judgement was entered on them in April, which they’ve also ignored. So enforcement is my only option. It’s never even been about the money really, more so the principle of them flouting the law!