Courier Delivered Delayed Item After Cancellation and Refund Now Demands Payment

Sandtree

the_lunatic_is_in_my_head said:
Worth noting this would have very likely been a distance sale and there is still a 14 day cancellation period, although "transport of goods ...  if the contract provides for a specific date or period of performance" is a limitation from what has been posted on this board previously the trader is still to advise the consumer of this via durable means in order to comply with:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;


and the regs state:


www.legislation.gov.uk/uksi/2013/3134/regulation/36/made

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, 

So it would likely depend on what information the company provided the OP.

With OP's above post it's probably academic by this point but it's also worth noting the company agreed to cancel and refund, they then performed the service making it their error. OP hasn't an option to refuse the service (OK so they could refuse delivery but that would cost the company more in sending the parcel back again) so in the slim chance the company was awarded a win would they be awarded costs as they've failed to mitigate their loses? 

This all comes down to when you consider the service to have commenced

From the same section:

(4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount—

(a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer’s decision to cancel the contract, in accordance with regulation 32(2), and

(b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.

The OP states that the company had made 5 attempts to collect the parcel before they requested that the service be cancelled. I would argue that the service had commenced and therefore the statutory cancellation period had ended. 

Every courier I've booked you have to state the desired collection date at the time of booking and therefore this would meet the requirements for paragraph 1 (that the vendor shouldnt start service until after the statutory cancellation period unless explicitly instructed to do so)

the_lunatic_is_in_my_head

Correct but (subject to (subject to paragraph (6)), i.e not providing the information trumps the requirement to pay anything, only applying of course if the trader hasn't given the consumer the required info.

I can't see this is DPD or Hermes chasing a customer for a tenner after making a mistake so it begs the question what did OP pay, to who and what info did the trader give but I don't think we'll ever find out