Cancelled Order Delivered Many Weeks Later & Section 75

KPaul

Just wondering what to do about a situation involving a Section 75 claim. It involves a company called British Ceramic Tiles.

15/10/20: I placed an online order for tiles showing as being in stock, with their website sating that orders are usually processed and dispatched in a day from order receipt but that due to COVID-19, I should allow 5-7 days for delivery.

24/10/20: At the end of that timeframe, I contacted them by email for an update. I tried calling but got voice mail. I left a message asking for a call back.

26/10?20 They replied by email saying that they were “still” out of stock.

26/10/20: I cancelled the order by return of email and requested confirmation of the same and a refund.

27/10/20: I followed up with screen shot of their website which still misleadingly showed the item being in stock and re-confirming order cancellation. I also ordered the same tiles from another supplier, which arrived the following day. (I had a bathroom being re-done the following week.)

27/10/20: They reply by email saying they will have stock in almost a month’s time.

27/10/20: I called them to confirm my cancellation of 26th and this was confirmed verbally by them. They said they would refund me.

10/11/20: No refund after 16 days and I emailed them again, confirming order cancellation, and requesting refund. I had no reply.

07/12/20: I raised a Section 75 claim with MBNA, on whose card I placed the original order.

18/12/20: 3 large packages were delivered to me with no external written details, other than my name and address. I thought it was a Christmas present (weights for fitness training) but it turned out to be the damn tiles. There is no paperwork inside the packages and I’ve received no calls, emails or letters indicating dispatch. It could be from anyone but, of course, it’s very likely to be from British Ceramic Tiles. I have notified MBNA of this development but am not sure what to do next. I suspect BCT will say that I need to pay for the return carriage (which will be expensive – they’re heavy things) and a restocking cost (who know how much they will decide that is?!) or will say that as they have fulfilled the order, I can’t make any claim.

Grateful for your reflections and wisdom on the above!

Many thanks!

A_Lert

"If no time frame is agreed for delivery, the Consumer Rights Act says retailers must deliver your item within 30 days of your order."

https://www.which.co.uk/consumer-rights/advice/how-do-i-cancel-an-online-order#cancelling-after-waiting-over-agreed-timeframe

So my 2 pence. You are still entitled to a refund. You cannot be expected to pay your own money or inconvenience yourself to return them.

jsmith9

The order was cancelled and thus the delivery was of unsolicited goods. Google that for your rights. You should continue your S75 claim with MBNA.

jonesMUFCforever

I do think S75 was jumping the gun - you should have asked for a chargeback.

KPaul

jonesMUFCforever said:

I do think S75 was jumping the gun - you should have asked for a chargeback.

Having looked at the correspondence with MBNA, it's not clear that it is an S75 at the moment. It's a credit dispute and one where I have used both terms, "chargeback" and "consumer credit legislation". I have been credited back by MBNA but I imagine the tiles being delivered may muddy the waters and result in the credit being pulled back.

jonesMUFCforever

KPaul said:

jonesMUFCforever said:

I do think S75 was jumping the gun - you should have asked for a chargeback.

Having looked at the correspondence with MBNA, it's not clear that it is an S75 at the moment. It's a credit dispute and one where I have used both terms, "chargeback" and "consumer credit legislation". I have been credited back by MBNA but I imagine the tiles being delivered may muddy the waters and result in the credit being pulled back.

For it to have been a S75 claim you would have had to sign to confirm full and final settlement. From your last post it would appear they have done a chargeback.
Normally the retailer has 45 days to contest this or the money is yours but there have been threads on here that some have been debited back to customers accounts after a much later timeframe (71 days was one thread) due to staff issues with covid.
Now it is a question of waiting and hoping that employee A at the tile place knows what employee B agreed with you.
Happy Christmas - keep up updated next year.