Retailer not refunding a return

Joshua90

Hello,
I'll try and keep this short.
I purchased a bike in May from an online retailer, but shortly after tried to cancel (1 hour). They said it was too late and told me to just refuse delivery which I did 3 times but they ended up just leaving the bike outside my house.

I contacted the retailer and they told me to return the goods. I have done so using what they suggested on their website, Hermes online returns portal (I payed). 

Now according to the tracking, it says...

"Your parcel is on its way back to the retailer. Please contact your retailer for any further confirmation"

I've contacted the retailer several times and they haven't acknowledged they have received this. They have told me they are investigating but can't get in contact with Hermes. During this time, I managed to contact Hermes and they confirmed it reached its final destination and I should chase the retailer.

With no progress I ended up opening a PayPal case which is still ongoing and have a feeling they won't back my case as I didn't return the goods because of a fault. The retailer also stated whatever PayPals outcome is, it will not be overturned. Which I believe isn't true as they are not a mutual resolver.

Anyway, I have contacted citizens advice and they have advised me to send a letter signed for asking for a refund within 14 days and details of any online dispute companiesh theyare associated with and their complaints procedure. If this doesn't help, contact them again.

Now this is all quite stressful and I'm worried it's a wild goose chase with the retailer blaming the delivery company and vice versa.

Does anyone know where I stand with this and experienced anything similar?

The Hermes tracking isn't clear and seems like they deliver to a depot where the retailer then collect it. Aghgshfbnktchbejpbrurgh

Thanks

ssparks2003

If you paid to return the bike, then the contract to deliver is between you and hermes, have you chased hermes? Perhaps I am not quite getting your post, but it appears that the retailer may not have received the bike back yet, I can see why they may be uninclined to refund if this is the case. Did you include insurance on the delivery? 

the_lunatic_is_in_my_head

They need to refund you as per the below:

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

Joshua90

ssparks2003 said:

If you paid to return the bike, then the contract to deliver is between you and hermes, have you chased hermes? Perhaps I am not quite getting your post, but it appears that the retailer may not have received the bike back yet, I can see why they may be uninclined to refund if this is the case. Did you include insurance on the delivery? 

I have chased Hermes and they have on all occasions said it's been delivered. 
I've had a look at the insurance and it only covers part of the goods, but they have stated it's been delivered. Also with this, I have an issue as I used their dedicated returns portal which you'd think fully covered me.
Thanks.

Joshua90

the_lunatic_is_in_my_head said:

They need to refund you as per the below:

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

Thanks, I have sent them a letter requesting a refund within 14 days with proof of Hermes delivering. Screenshot of the tracking and email confirmation from an adviser.