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Awful with trying to return a TV via post - who is at fault? BT Shop or MyParcelDelivery?

2

Comments

  • Valli
    Valli Posts: 25,573 Forumite
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    3wishes15 said:
    Valli said:
    3wishes15 said:
    Valli said:
    How did you pay for this item?

    Credit Card..... I hope that was a wise move?! However I paid for the return postage (£30) on my debit card
    takes you to the part of the forum with thr guidance you need.  More experienced posters than I will advise but you can also claim under section 75 and I *think* (though others may know better), that your (failed) attempt to return puts you in line to claim a refund on your credit card. 

    Great, thats a relief re: refund, would I just be able to keep the TV in that instance!? 
    What about postage costs as I've asked above? My worry is i'm going to get absolutely rinsed trying to send the thing back!! I can't keep forking out £30 a time whilst BT Shop refuse my parcel over and over?

    Thank you!
    I wouldn't try sending it back again; you have paid out once.  I believe it's now their responsibilty, given that they refused it when it was sent back.  That's just me though.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • Sandtree
    Sandtree Posts: 10,628 Forumite
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    Valli said:
    If it comes back, keep it.  (rather than have it 'in the system, and let them arrange collection).

    You have proof of return.
    They will have proof of an attempted return but the record will show it was ultimately delivered back to the OP and so still in their possession. 

    You obviously need to establish as to why they refused delivery, most commonly this will because the outer box has significant damage which may move this from being a claim against BT Shop to being a claim against the courier. In these days of Covid though I guess there could be a host of other reasons.

    Once you have the TV back and confirmed its packaging is undamaged then its back to BT to find out why they refused... if the box is bent in two with a big hole in it then you’ll know what the problem is.
  • Sandtree said:
    Valli said:
    If it comes back, keep it.  (rather than have it 'in the system, and let them arrange collection).

    You have proof of return.
    They will have proof of an attempted return but the record will show it was ultimately delivered back to the OP and so still in their possession. 

    You obviously need to establish as to why they refused delivery, most commonly this will because the outer box has significant damage which may move this from being a claim against BT Shop to being a claim against the courier. In these days of Covid though I guess there could be a host of other reasons.

    Once you have the TV back and confirmed its packaging is undamaged then its back to BT to find out why they refused... if the box is bent in two with a big hole in it then you’ll know what the problem is.
    Okay interesting, thank you. What would I then do in the following scenarios:
    - Box/TV is damaged. I have paid out for full insurance with the courier so this should be covered by them, so I would action that claim process. If the courier then agree to cover the cost, would that money go to me, and I keep the TV? Or to BT Shop on the expectation I send the TV back to them damaged?
    - Box/TV isn't damaged. BT Shop can't find reason they refused parcel/allege they didn't refuse it in the first place. I think this is quite likely. What happens then?
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,577 Forumite
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    edited 8 December 2020 at 3:02PM
    Sandtree said:
    Valli said:
    If it comes back, keep it.  (rather than have it 'in the system, and let them arrange collection).

    You have proof of return.
    They will have proof of an attempted return but the record will show it was ultimately delivered back to the OP and so still in their possession. 

    You obviously need to establish as to why they refused delivery, most commonly this will because the outer box has significant damage which may move this from being a claim against BT Shop to being a claim against the courier. In these days of Covid though I guess there could be a host of other reasons.

    Once you have the TV back and confirmed its packaging is undamaged then its back to BT to find out why they refused... if the box is bent in two with a big hole in it then you’ll know what the problem is.
    That's all BT's problem, they are required to refund within 14 days of proof of return being provided.

    They aren't permitted to refuse the return from the courier and simply say no refund. 

    BT are of course entitled to recover the TV from the OP if it ends up being returned to sender. 

    If they provided the correct information they may be entitled to reduce the refund up to the contract price if they deem the handling has been excessive but having refused to accept delivery of the return I can't see that they can suggest they've inspected the goods to determine their condition. 

    Just to add, I don't know what else BT provided the OP by email or on a receipt with the TV, but reading their returns section they appear a bit thin, make no mention of deduction for excessive handling, don't appear to mention the customer must bear the cost of return either.

    Their cancellation form also makes the reason for the return field compulsory but the consumer is not obligated to provide any reason for cancelling their contract. 
    In the game of chess you can never let your adversary see your pieces
  • That's all BT's problem, they are required to refund within 14 days of proof of return being provided.

    They aren't permitted to refuse the return from the courier and simply say no refund. 

    BT are of course entitled to recover the TV from the OP if it ends up being returned to sender. 

    If they provided the correct information they may be entitled to reduce the refund up to the contract price if they deem the handling has been excessive but having refused to accept delivery of the return I can't see that they can suggest they've inspected the goods to determine their condition. 

    Just to add, I don't know what else BT provided the OP by email or on a receipt with the TV, but reading their returns section they appear a bit thin, make no mention of deduction for excessive handling, don't appear to mention the customer must bear the cost of return either.

    Their cancellation form also makes the reason for the return field compulsory but the consumer is not obligated to provide any reason for cancelling their contract. 
    This is the point I've already argued with them, that they should fork out for postage because nowhere does it state the buyer is responsible for this. I gave up in the end and paid £30 postage anyway. Should I challenge again?

    Thanks for your detailed reply
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,577 Forumite
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    edited 8 December 2020 at 3:09PM
    www.legislation.gov.uk/uksi/2013/3134/regulation/35/made

    (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

    (a)the trader has agreed to bear those costs, or

    (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.


    The above is what covers this, if you Google "CEO email" there should be an email address on that site for BT and you'll get a reply from a more senior level who will likely assist much better and hopefully save some stress :) 

    In the game of chess you can never let your adversary see your pieces
  • www.legislation.gov.uk/uksi/2013/3134/regulation/35/made

    (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

    (a)the trader has agreed to bear those costs, or

    (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.


    The above is what covers this, if you Google "CEO email" there should be an email address on that site for BT and you'll get a reply from a more senior level who will likely assist much better and hopefully save some stress :) 

    thank you so much! I know lots of people on here give advice re: CEO emails, so I will do that and hopefully get the postage paid back. But will sort out the actual TV itself first, aka the more pressing issue!

    The joys of buying online!
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    Yes the joy of buying the wrong item online .Or an item that is not what you want .
    Richer Sounds new tv ordered Thursday delivered Friday perfect  just what i had decided on after research online . 14 days price match and  6 years warranty .
    Could not have done it without online .
  • Sandtree
    Sandtree Posts: 10,628 Forumite
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    3wishes15 said:
    Okay interesting, thank you. What would I then do in the following scenarios:
    - Box/TV is damaged. I have paid out for full insurance with the courier so this should be covered by them, so I would action that claim process. If the courier then agree to cover the cost, would that money go to me, and I keep the TV? Or to BT Shop on the expectation I send the TV back to them damaged?
    If the TV has been damaged by the courier you would be entitled to recover the value from the courier. If you havent been paid out by BT then you keep the monies the TV technically becomes the property of the courier though in practice they are unlikely to want it (but confirm before disposing of it)

    If BT had already paid you a refund for the TV then you’d in theory need to pay the courier compensation to BT else it would be unjust enrichment. TV still becomes the couriers.
  • 3wishes15 said:
    Okay interesting, thank you. What would I then do in the following scenarios:
    - Box/TV is damaged. I have paid out for full insurance with the courier so this should be covered by them, so I would action that claim process. 
    Which courier did you use as a few of them specifically exclude TV's and monitors from compensation in the case of damage.
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