Can I make a Section 75 claim for missing postal return via Hermes?

The_Boss

Hello.  I returned two items (totalling £140) to a Hermes collect shop on 18/11, to be delivered back to Debenhams for refund.  According to the tracking number the package was still at the shop as of last night (I have since returned other items at the same store which have been delivered back to Amazon).  Having gone there this morning they do not have the package (and even if they do then there's little chance of a refund from Debenham's now). Assuming this package is either lost or returned to Debenhams at a later date and they do not refund, can I claim for the refund against my credit card company under section 75 of the consumer credit act?  Hermes website says their liability is £20 only.

[Deleted User]

Unfortunately not, as the contract with Hermes was for them to deliver it, or give compensation to the level selected if they lose it.  They've opted for the latter.

eddddy

For The_Boss said:

I returned two items (totalling £140) to a Hermes collect shop on 18/11,

For an s75 claim, the individual items must cost £100 or over. (Did one of them cost over £100 perhaps?)

It depends whether you had a contract with Hermes, or just with Debenhams.

I'm assuming that your contact was only with Debenhams - i.e. you had no contact with Hermes, and you didn't pay Hermes anything. (i.e. Hermes had a contact with Debenhams, not you.)

So you were simply following the return instructions, that were stated in your contract (t&cs) with Debenhams. And Debenhams said they would refund your money if you followed those return instructions.

So Debenhams have breached the contract, by not refunding you. So a s75 claim (against Debenhams) might work for 1 item, if it cost over £100.

Or you might be able to do a credit card chargeback against Debenhams - with the reason "credit not processed" (i.e. they haven't given you a refund that they contractually promised) or under something like "other cardholder dispute".  If that's successful, you might get the full £140 back.

ic

Did you purchase the return postage?  If so you should have purchased additional insurance to ensure the return was covered for loss or damage, as until Debenhams receive it, it is in your possession.

If Debenhams provided you with the return label, contact them with your proof of tracking - chances are they'll refund you and take up the problem with Hermes themselves (I've had the same with Amazon several times where I had proof I posted an item, but it disappeared in the meantime).  Only thing that might bite you is if Debenhams tell you the parcel is only covered for £20 in the small print somewhere, and its on your head to choose the appropriate return method - MandMdirect do this, which is a bit sneaky given they'll sell you the return postage label.

FYI in future, if you pay using PayPal, consider using their free returns policy to reclaim costs of return up to £15 per order, up to 12 orders per year.  https://www.paypal.com/uk/webapps/mpp/refunded-returns (you must opt in for this).

[Deleted User]

If it was a Hermes return paid for by Debenhams then just leave it with Debenhams to complain to Hermes after you show whatever proof you had of handing it to the shop
If you chose to return the parcel using this firm, why don't you complain to Hermes? You can't use a S75 against Hermes as what you paid on the card for shipping is not over £100.
The initial cost of goods is irrelevant as they were delivered to you and you chose to return them, there is no breach worthy of S75 as that only exists between you and Debenhams

born_again

S75. No.
Possible chargeback right, but for that you need to be able to prove retailer has received the goods and not refunded you.

Crux of the matter is as per a couple of other posters.
Did you pay or have retailer given you a returns label?

The_Boss

eddddy said:

For The_Boss said:

I returned two items (totalling £140) to a Hermes collect shop on 18/11,

For an s75 claim, the individual items must cost £100 or over. (Did one of them cost over £100 perhaps?)

It depends whether you had a contract with Hermes, or just with Debenhams.

I'm assuming that your contact was only with Debenhams - i.e. you had no contact with Hermes, and you didn't pay Hermes anything. (i.e. Hermes had a contact with Debenhams, not you.)

So you were simply following the return instructions, that were stated in your contract (t&cs) with Debenhams. And Debenhams said they would refund your money if you followed those return instructions.

So Debenhams have breached the contract, by not refunding you. So a s75 claim (against Debenhams) might work for 1 item, if it cost over £100.

Or you might be able to do a credit card chargeback against Debenhams - with the reason "credit not processed" (i.e. they haven't given you a refund that they contractually promised) or under something like "other cardholder dispute".  If that's successful, you might get the full £140 back.

Thanks - it was two items priced £70 each, returned using the Hermes return service that they said to use in the return instructions.  Sounds like the chargeback might be best approach.

born_again

The_Boss said:

Thanks - it was two items priced £70 each, returned using the Hermes return service that they said to use in the return instructions.  Sounds like the chargeback might be best approach.

So you got the return label via Retailer then.
That means you need to contact them to resolve.

Voyager2002

Deleted_User said:

If it was a Hermes return paid for by Debenhams then just leave it with Debenhams to complain to Hermes after you show whatever proof you had of handing it to the shop

I think that Debenhams are a little bit too busy to bother with this!

MattMattMattUK

As mentioned above, S75 no, but the ability to gain a refund does also depend on where the return happened contractually. If the return happened at the point when you handed over the goods to the courier (when you obtained the tracking and receipt from the Hermes shop service) then you have already returned the goods, if it does not happen contractually until the goods are received back at the Debenhams depot then that is a different situation. Regardless the matter is complicated by Debenhams entering into administration and I am unsure how that impacts your ability to return goods which are not faulty vs not wanted. 

jsmith9

It is my understanding that if a merchant provides a return label for the courier then once you hand it to them then it is effectively returned and you have no further worries (that is because the contract for return is between the merchant and the courier company)

You should ask Debs for a refund and if not forthcoming then chargeback on your card.