Conditional refund (product undelivered)

paupMG

Hi all,

Apologies if this has been answered previously, have had some issues with the quick links looking through before i post (not appearing as links)

Early in May I ordered a product which has been lost by the courier. This was investigated and confirmed lost in mid May, at which point I asked for a full refund, as i already sourced the product from another seller. Over 14 days have passed since i asked for a refund, and well over 30 days since i placed the original order.

All parties agree (have in writing) that the package is lost. However I'm being asked to fill out a form for 'disputed delivery' in order to get a refund. The has a condition at the bottom of it which is disagree with.

"I / we also undertake to advise immediately if any items on this claim form are subsequently traced and reimburse any monies paid in compensation for these items."

I have offered to contact them should this turn up, and allow the seller to arrange for collection of the items at no cost to myself. However I no longer want the product - I don't want to have to pay for it at a later date. I've also queried the wording asking whether or not they deem this refund to fall in this term - however I am repeatedly just met with a response saying the only way to get the refund is to sign this form. There have been multiple problems with the customer service, including, at one point, them losing all of the data on the matter and us having to start again.



Is this allowable? Are they allowed to stipulate this condition on me in order to be granted a refund?

The product incl delivery was £184 (debit card), so contacting the bank is also a possibility. 

Thanks for any advice.

the_lunatic_is_in_my_head

www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(6) If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with paragraph (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

So you can treat the contract at an end, signing their paper won't give them any way of forcing you to pay later on as the term would be unfair, in fact they are probably misleading you about your rights. 

The goods would remain theirs but as you mentioned making them available for them to collect is all you should be required to do. 

paupMG

Thank you for your swift and thorough response. I have challenged them on this specifically before, but received this in reply:

"As a company this document is policy I am afraid we do require this form being signed and declared by "the customer", this is also stated on the consumer rights act 2015. 

​

This document will need to be printed and signed, then returned to us. Once this is completed we can then refund or replace your order. 

Without this legal requirement we are unable to proceed or take action."

Have they done anything untoward here? 

I guess i need to decide on what to do:

Sign, as this would basically be unenforceable,
approach the bank for chargeback,
Some kind of ombudsman action (though i seem to see there is no retail ombudsman anymore)
Litigation.

Litigation seems like more faff than it would be worth.

user1977

paupMG said:

Thank you for your swift and thorough response. I have challenged them on this specifically before, but received this in reply:

"As a company this document is policy I am afraid we do require this form being signed and declared by "the customer", this is also stated on the consumer rights act 2015. "

"Which section of the Act please? Love and kisses, paupMG"

the_lunatic_is_in_my_head

Personally I would just sign it for an easy life  

user1977

the_lunatic_is_in_my_head said:

Personally I would just sign it for an easy life  

Indeed, it only matters if the thing turns up (and the retailer knows that it has).

born_again

paupMG said:

approach the bank for chargeback,

Retailer will reject on the grounds they will refund once you have signed the form.

Just sign it.

paupMG

born_again said:

paupMG said:

approach the bank for chargeback,

Retailer will reject on the grounds they will refund once you have signed the form.

Just sign it.

Done - and had the feeling that would be the case. Let's see if they respond as communication hasn't been great. Will stick in the post also so I can prove they have it if needed.

Thanks for the info all - sets mind at ease. 

Jenni_D

Post it at a PO and get a certificate of posting ... useful evidence if they deny receiving it.

sekrapa

This is probably so they can claim against the carrier for a loss. If a parcel goes missing, the carrier sends a form for the recipient to complete to say they have not received it and the seller completes one to say they have sent it but it was never received. With the 2 completed forms, the seller can make a claim. Without one form, the claim is delayed or declined.  Some carriers operate a different system where they just need the sellers side. 

mattyprice4004

user1977 said:

the_lunatic_is_in_my_head said:

Personally I would just sign it for an easy life  

Indeed, it only matters if the thing turns up (and the retailer knows that it has).

Then just send it back to them?