Charged a restocking fee for a failed delivery

Manxman_in_exile

Well if their solicitor has suggested threatening to sue you for "wasting their time" they probably need to question their solicitor's qualifications as it's not something they could sue for.

So long as the facts are as you have told us: first they attempted to deliver something that did not match what you had ordered, and second they couldn't even successfully deliver that to you, then you should be getting a full refund with no deductions.

I don't think it makes any difference what their T&Cs or their invoice says as my understanding is they can't charge a restocking fee in any circumstances.

Although it would be nice if somebody else could confirm that as I'm not a lawyer and can't give legal advice - unlike their solicitor!  Anyway, you'd already made the claim before coming here so it makes little difference now.

If they don't settle and they file a defence, let us know.

[Edit: just to clarify if it isn't clear to you - or to the seller!  So long as the courier/delivery firm was chosen by the seller, then the courier/delivery firm is acting as an agent for the seller, and the seller is liable for their failure to deliver the goods into your physical possession.  That's why the bit quoted by @the_lunatic_is_in_my_head becomes relevant].

grumpled

As an update, we have now settled the claim.

The seller was still adamant they would win if it went to court, but apparently didn't have the time to waste and agreed to pay in full.

Thanks again for all your help!

mobileron

Well done  some people dont believe the law and want it all there way.
So lets ensure no one else buys form this company, whats there name.

Jumblebumble

grumpled said:

As an update, we have now settled the claim.

The seller was still adamant they would win if it went to court, but apparently didn't have the time to waste and agreed to pay in full.

Thanks again for all your help!

Why would you care  if they think they would or would not  win?
 The important thing is that this will only be resolved when you actually have the money back in your possession