Retailer trying to get out of refunding as tracking for courier they arranged doesn't show delivered

dekaspace1

Expensive item.

Big name retailer.

Item arrives faulty, I contact CS same day and they arrange courier for following day.

Courier doesn't turn up until 3rd day and takes item away.

Wait 10 days tracking shows "on way back"

Contact CS who tell me to wait longer.

Wait another week and CS tells me it must be lost and I have to contact courier, I refuse saying I don't have the contract with them and can't and basically get the same scriped words each time "go back to courier, we can't do anything" I mention I will have to go to my card issuer and basically was told go ahead in quite a snotty way.

I open case with credit card, and company has disputed it even put a screenshot of the tracking and saying it doesn't say delivered therefore no refund is due!  and now credit card company is asking ME to prove it was delivered.

I have contacted credit card company to say the company was the one that organised the return and that I have no contract with courier so can't do anything else.

I'm right in that its not my responsibility that it gets back, only that I packaged it up safely when courier collected?  I don't have to mention which firm it is as they are well known but so often I have had problems with them.

powerful_Rogue

dekaspace1 said:

Expensive item.

Big name retailer.

Item arrives faulty, I contact CS same day and they arrange courier for following day.

Courier doesn't turn up until 3rd day and takes item away.

Wait 10 days tracking shows "on way back"

Contact CS who tell me to wait longer.

Wait another week and CS tells me it must be lost and I have to contact courier, I refuse saying I don't have the contract with them and can't and basically get the same scriped words each time "go back to courier, we can't do anything" I mention I will have to go to my card issuer and basically was told go ahead in quite a snotty way.

I open case with credit card, and company has disputed it even put a screenshot of the tracking and saying it doesn't say delivered therefore no refund is due!  and now credit card company is asking ME to prove it was delivered.

I have contacted credit card company to say the company was the one that organised the return and that I have no contract with courier so can't do anything else.

I'm right in that its not my responsibility that it gets back, only that I packaged it up safely when courier collected?  I don't have to mention which firm it is as they are well known but so often I have had problems with them.

You're correct. You've fulfilled your obligation by returning the item via the retailers arranged courier.

If you get no joy with the credit card company, then a 'Letter Before Action' sent to the head office might get you some more joy.

born_again

Credit Card co are correct regulations state that you have to prove the item has been received for a refund. Who is responsible for the return is of no interest to them, only proof it got to where it should.

The company need to chase the courier if they provided the return.

the_lunatic_is_in_my_head

born_again said:

Credit Card co are correct regulations state that you have to prove the item has been received for a refund. Who is responsible for the return is of no interest to them

Is that for s75? 

molerat

born_again said:

Credit Card co are correct regulations state that you have to prove the item has been received for a refund. Who is responsible for the return is of no interest to them, only proof it got to where it should.

The company need to chase the courier if they provided the return.

So, if the company sent their own van and driver to collect the item and the van burst into flames on the motorway OP would not be entitled to a refund as the item did not get back to the supplier's premises ?

OP did not return it. The company's agent, contracted and arranged by the company, collected the item so the company are in possession of the item.  What their agent did with it is of no concern to OP.  OP's responsibility ended when they handed it to the company's agent as instructed by the company.

Contact the card co and insist that they instigate a s75 claim on the grounds that the company, through their contracted agent, are actually in possession of the item.  If they do not then raise a complaint and see where that goes, escalating to the FOS if necessary.

pbartlett

Agree with @molerat - the return is complete once the courier has picked it up.

If it was a courier **you** arranged, then that is a different matter.

Jenni_D

born_again said:

Credit Card co are correct regulations state that you have to prove the item has been received for a refund. Who is responsible for the return is of no interest to them, only proof it got to where it should.

Perhaps correct for a chargeback, but I doubt this is correct for a S75 claim.

born_again

the_lunatic_is_in_my_head said:

born_again said:

Credit Card co are correct regulations state that you have to prove the item has been received for a refund. Who is responsible for the return is of no interest to them

Is that for s75? 

Yes. As it is going to be breech of contract.

As far as card regulations for non receipt of refund (on returned goods) you have to prove delivery. If the retailer picked them up, then OP should have some proof of that.

Jenni_D

S75 is not a card regulation per se?

born_again

Jenni_D said:

S75 is not a card regulation per se?

Never said it was.

It is a legal right.. 

Jenni_D

In which case "we" (at least 2 of us) don't agree that the consumer has to prove return delivery has completed to invoke a S75 claim. (Card regulations may require this, but S75  does not).

Unless we're talking at cross-purposes?