Refused refund- private day 2 and 8 Covid test after amber county travel

Jonathan1205

I bought private day 2 and 8 Covid test After family emergency travel to amber country through a company which was listed on gov.uk website. I also paid extra for next day courier delivery. When I arrived in uk, my test did not arrive. I tried to contact them by phone and email multiple times. No response until day 4. I had generic response to state that I should wait as they were having courier issues. During this period, we were monitored by nhs test and trace service. NHS have kindly provided both day 2 and 8 kits as they felt that we will be delayed  coming out of 10 day  quarantine. I have updated the this company that nhs has provided the covid pcr kits. After that this company has send their pcr kits through a different courier service without informing me which I declined to accept from courier as it was too late and I didn’t know what was in the parcel. I requested for refund. They have declined refund due to booking number was issued on time.  They also say as per their terms and conditions, they don’t offer refunds even if they failed deliver the kits. But I didn’t buy booking number. I bought covid test. I have escalated to my credit card company. Anyone knows what are my consumers rights? 

I feel that these sort of companies taking advantage of nhs god will and profiting during covid times. Looking at trustpilot, this company has same thing lots of people. 

Thank you

JJ_Egan

(.  They also say as per their terms and conditions, they don’t offer refunds even if they failed deliver the kits)

Reads as that's what you agreed to .

Jonathan1205

JJ_Egan said:

(.  They also say as per their terms and conditions, they don’t offer refunds even if they failed deliver the kits)

Reads as that's what you agreed to .

Their terms and conditions just says “ day 2 and 8 tests have no refunds” but they have not delivered or carried out test. 

ThisnotThat

Jonathan1205 said:

JJ_Egan said:

(.  They also say as per their terms and conditions, they don’t offer refunds even if they failed deliver the kits)

Reads as that's what you agreed to .

Their terms and conditions just says “ day 2 and 8 tests have no refunds” but they have not delivered or carried out test. 

Because you refused the delivery it seems.

unholyangel

Read consumer rights act. It depends on whether firstly, a "period for performance" was agreed. If so then they need to perform on the agreed date/in the agreed period. If not then period of performance is 30days. 

If they don't perform as agreed then there's a further question if whether time was of the essence. This can be express, where you explicitly tell them you need it by a certain date. Or it can be implied by the contract, such as ordering a birthday cake. 

If time was of the essence then you can cancel straight away. If not the. You need to give them further opportunity to perform. 

There is also the CCRs which govern change of mind returns and give you 14 days starting the day after delivery to cancel for a refund. There are exemptions from the CCRs (some contracts are exempt from the regulations in their entirety and others are exempt status only from the right to cancel). I can't think of any that would definitely cover this but you may want to check.

[Deleted User]

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Jonathan1205

Thank you everyone.. I raised it with credit card company