Sent tracked return, delivered and they still won’t refund

jon81uk

Herbie73 said:

Gosh that’s a lot of info thanks; so basically as we didn’t email to say we were returning them then we are not covered but possibly the bank may do a chargeback? If I’m reading that correctly?

I don't know if the bank would do a chargeback. SOmeone else might be able to advise better.

But basically under the consumer contracts regulations you have the right to cancel the contract within 14 days of receipt and then return the goods within a further 14 days. So as you didn't cancel I don't think your return is covered by the regulations, so is subject to their policy.

Herbie73

Ok thanks I guess the moneys lost then unless they can give me contact details for the hub and they are willing to help me. 

Manxman_in_exile

jon81uk said:

Manxman_in_exile said:

sheramber said:

A parcel hub is probably a warehouse where parcels for several companies are held for onward delivery to  the company concerned.  Converse is based in Netherlands and their warehouse is in Germany.

As such the returns label will be coded in some way for the onward address.

Your own label probably did not have that code on it so the parcel hub do not know where to send it.

In which case Converse can arguably refuse to refund on the grounds that the consumer did not use the return address that the trader had supplied - as the legislation requires the consumer to do.

(That's assuming of course that any return code on the address supplied by Converse is deemed to be part of the address and the OP didn't transcribe the code onto their return package.)

Surely the address supplied by Converse does count in terms of the legislation, as it is "any address specified by the trader". Could it be said that an address on a label is an address specified by the trader for sending the goods back?
However I think this is still reliant on notifying them first that you wish to cancel.

 The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

Yeah - we may be at cross purposes.

I was really only addressing ( ! ) the issue that when exercising the 14 day right of cancellation and return then, if the trader has supplied a return address, the consumer must use that address.  It could be argued either way, I think, whether any "return code" included on the address label forms part of that "return address".  (I hope I've explained that sufficiently well to be understood!).

I don't disagree with you that the consumer needs to inform the trader of cancellation - but we don't know if that has happened here or not - or do we?  I don't know if the OP iformed Converse separately, but I presume they included something in the returned parcel explaining why they were returning it and that that would suffice - if it reached Converse!  So far as I'm aware, notice of cancellation doesn't need to go to the same return address as the returned goods themselves, does it?

I'm not sure about chargeback as the OP clearly has not followed the return instructions from Converse.  If the goods have gone missing because the OP didn't follow the instructions given by Converse, should Converse end up paying for them from a chargeback?

Manxman_in_exile

Herbie73 said:

Ok thanks I guess the moneys lost then unless they can give me contact details for the hub and they are willing to help me. 

Believe me I sympathise with you and it doesn't seem right - but I don't think the law is on your side.  (I'll be more than happy if others can show I'm wrong)

If you can't track the shoes down then I think all you can do is try to rely on Converse's better nature and goodwill and persuade them to refund you anyway, or try a chargeback with your card provider.  But I don't think either route is certain of success.

Good luck.