Day 2 test refund refused

orcocan

Hi all,
I purchased a day 2 test last month which was supposed to be delivered by the 4th January.

In the end I only received it on the 8th January so I requested a refund, which was promptly refused on the ground that:
- they had provided a code for the PLF
- their T&Cs make it clear the service is not refundable
- their T&Cs say they can't be held responsible for Royal Mail delays

To me this is all bulls**t. Clearly time is of the essence to the service, if they are not willing to take responsibility for the delays of the providers they select, they should not provide that option.

I asked AMEX to reverse the charge but after a few days they came back saying the company provided satisfactory evidence that the service was provided so the charge was reinstated.

I don't (and can't) have any evidence that the test arrived late like they can't have any evidence that it was delivered on time, since it was a standard delivery service with no tracking.

Anyone has any advice for what I can do or found themselves in a similar situation?

Thanks

emmajones1976

Yes. Let it go. You got the code to get back into the country and in reality thats all that matters.

orcocan

emmajones1976 said:

Yes. Let it go. You got the code to get back into the country and in reality thats all that matters.

well no, i don't really see why

emmajones1976

How much are we talking about here? The retailer has refused a refund, your credit card has refused a reversal too. Take them to the small claims court.

GingerTim

emmajones1976 said:

Yes. Let it go. You got the code to get back into the country and in reality thats all that matters.

Agreed - if you have used the provided code for the PLF, you have used the service (despite the annoyance of the Day 2 test not having arrived in good time).

emmajones1976

There was also nothing stopping you doing the Day 2 test a few days late and logging the result, if a Day 2 test doesnt arrive you are (were) advised to contact the Track and Trace and they would sort you out one of theirs. You dont get the feds at your front door an hour after the 2 day window has elapsed.

Did you do the test that arrived 8th Jan? When it didnt arrive on the 4th did you make alternative arrangements?

orcocan

i don't see how thats remotely relevant

if i book a banquet for my wedding on day x, and they don't turn up and i ask for a refund, does it matter if i cancel my wedding or call someone else to do the catering?

i paid for a service they did not provide, i don't see how any other consideration is relevant

i've reopened the dispute with amex in the meantime, hadnt realised i could do that 

emmajones1976

Can you answer my questions?

You paid probably around £18 for a code and a test. The code was provided, the test arrived (yes, late) and you probably did the test anyway as you would have had to do something to fulfil the UK entry obligations.

They have also covered themselves with the terms and conditions you agreed to. You are on a hiding to nothing imo.

mr_stripey

orcocan said:

i don't see how thats remotely relevant

if i book a banquet for my wedding on day x, and they don't turn up and i ask for a refund, does it matter if i cancel my wedding or call someone else to do the catering?

i paid for a service they did not provide, i don't see how any other consideration is relevant

i've reopened the dispute with amex in the meantime, hadnt realised i could do that 

you mention in the first post that "time is of the essence" but is that actually contractually the case? Doubtful I would imagine.

As frustrating as it is that the kit arrived "late" , I imagine they have fulfilled their obligations

GingerTim

orcocan said:

i don't see how thats remotely relevant

if i book a banquet for my wedding on day x, and they don't turn up and i ask for a refund, does it matter if i cancel my wedding or call someone else to do the catering?

i paid for a service they did not provide, i don't see how any other consideration is relevant

i've reopened the dispute with amex in the meantime, hadnt realised i could do that 

Did you use the code they provided on your PLF? That's certainly part of the service.

orcocan

do you have any knowledge of consumer law or is it just something you're saying? that makes a difference

not every t&c are valid and enforceable, so i'm not sure on what ground you're making these assertions, it'd be good to know

it was 40 quid not 18, i havent seen any pcr tests for 18 quid anywhere