Defective item sent back as requested but no refund

hubb

I have really been messed about by a big name retailer in outdoor clothing this last month. I had a defective pair of boots, sent proof of defect and eventually they conceded that I can send them back for a refund. The actual process of form filling, emailing photos and more to return these boots was a test of patience and endurance in itself. Suffice to say along the way the response to messages has been tardy to say the least. I was told that a refund had been processed and should be with me in 5-7 days. It wasn't, and having contacted them again they have again conceded that it has been overlooked and they will remind the department.

I have lost faith in the integrity of this company, who I believe have been using stalling tactics to keep from refunding. Is there anyone I can contact with more power to get them moving on this ? I wouldn't mind but they were a gift and I want to be able to at least give the person the cash to choose again.

Were_Doomed

hubb said:

I wouldn't mind but they were a gift and I want to be able to at least give the person the cash to choose again.

That's a complicating factor ... you have no consumer rights at all; the person who bought them does. If the refund is not forthcoming then they could contact their card provider (I'm assuming they paid by card) to initiate a chargeback request for the failure to provide the refund.

hubb

I did state in my post that I was the buyer of the gift. I purchased the boots back in December for a Christmas present.

Were_Doomed

Apologies ... the last sentence of your OP is slightly ambiguous, hence my previous response. As you were the purchaser then you can follow the advice given.  

hubb

Well, it's still complex as the Mastercard that was used for the purchase at the time has since expired and been replaced by a new number. Also, the amount of the full purchase was for 2 items, only one being defective and since returned. They are still not responding so I am pretty powerless as a credit card company has no authority to do this. 

born_again

hubb said:

Well, it's still complex as the Mastercard that was used for the purchase at the time has since expired and been replaced by a new number. Also, the amount of the full purchase was for 2 items, only one being defective and since returned. They are still not responding so I am pretty powerless as a credit card company has no authority to do this. 

Expired & replaced card make no difference as the account is still the same. Neither does the fact that you have only returned 1 item. Take it that you have proof of each item cost, from the original purchase?
Have you spoken the the card company?

If the company refund to the expired card it will simply be moved to the new card. So that is not a issue. Credits do not require authorisation.

hubb

Again, a second promise of a processed refund from them and no money in my account. I do have a transcript of this as proof. 

hubb

Another promise last Friday that it has been processed and should be in my account by today. It hasn't materialised. 
I contacted my credit card provider who tell me
I'm afraid you can only raise a dispute against goods not received, up to 120 days after the date of purchase.
So where can I go from here as they are clearly not intending to pay ?

Were_Doomed

So raise the damn chargeback request then! I doubt there's any other solution (other than sending the seller a LBA then following up with court action - but the chargeback will be quicker and easier).

hubb

Were_Doomed said:

So raise the damn chargeback request then! I doubt there's any other solution (other than sending the seller a LBA then following up with court action - but the chargeback will be quicker and easier).

The purchase was made last December. I have documented evidence a number of times stating that they are refunding. Also proof that the faulty boots were sent back via their returns system.

Were_Doomed

Letter Before Action then, followed by MCOL if necessary. Or wait until they finally pull their finger out of their hole. (The LBA might prompt that action).