Order Cancelled, Delivery Refused but no Money Returned 20 days later

johnnykimble84

Hi there,

I bought a OnePlus phone from the OnePlus website (UK). Placee the order on the 4th July, cancelled on the 6th after it was dispatched. Was told to contact courier, so I just refused the delivery when it came on the 7th July. The tracking number OnePlus gave then updated to say it had been refused and was being returned to sender. Two days later, on the 9th, it was listed as 'Ready for delivery' back at a Royal Mail delivery office near the sender.

Alas, it has remained in that state. However, I've made clear to OnePlus that I announced my cancellation, and provided proof of return (the item tracking status, using *their* tracking number), and as such require the money to be refunded 14 days from that date, as per the Consumer Rights Act.

This hasn't happened, and they are still saying things like 'this has been escalated to our logistics team'. But really, once I have refused the item and provided proof, it shouldn't matter to me what they do with their investigation? They are legally bound to return the money within 14 days?

I'm really not sure where to turn now and frustrated that, as far as I'm aware, the case is pretty clear in terms of it being a breach of the Consumer Rights Act.

Is this something I should now use Section 75 for? I bought using an American Express credit card. I'm not sure I should pay all my statement (i.e. including the phone cost) until this is sorted.

Thanks,
JK

Jenni_D

Contact Amex and dispute the transaction. They will probably process it as a Chargeback initially which should get the amount credited to your account quickly. The retailer has 45 days to challenge a chargeback ... if they do and Amex agree and debit the amount again then you can change the dispute to a S75 claim.

johnnykimble84

Many thanks for that reply Jenni! I've opened a dispute via the American Express website, and enclosed tracking information and email chains. It was actually quite straight forward to do via the AmEx site, and they've confirmed I don't need to pay the amount while the charge is disputed, which is great!

Thanks again,
JK