Refund denied

Karenmcneil

I brought an annual delivery pass from a well known supermarket, however after receiving only 4 deliveries they have now stopped delivering to my area.  I have phoned customer services 3 times.  The first person hadn’t a clue what I was talking about, the second said my details would be passed to the IT dept for them to fix the computer glitch (no response) & the 3rd said my request would be forwarded to the payments team (again no response). I emailed to complain & have received a reply saying that I can’t have a refund as the pass has been used.  Surely I am entitled to my money back minus the 4 deliveries, am I really not entitled to a refund when they are not providing the service I have paid for.  Any advice would be gratefully received 

SootySweep1

Hi

I'd suggest putting your request in writing / email.

How long have you had the pass ? I don't know how deliveries are priced but if its supposed to last twelve months & you've only had it say 4 weeks then I'd be asking for a refund equivalent to the remaining 48 weeks.

Jen

Karenmcneil

Hi Jen it was purchased 31/12/21 & I’ve had 4 deliveries from a 12 month pass. apparently It is stated in the T & C’s but I can’t find them!!!   I wasn’t sure if legally they can refuse to refund 🤔😡

nyermen

Pretty sure that T&C that say we can stop providing a subscription service when you've had (example: 4 out of 52 weeks of deliveries) without any partial refund, it would be against consumer rights laws.  I presume this is a consumer contract (not some sort of commercial arrangement)?

Karenmcneil

Hi peter
Yes it’s consumer contract, I haven’t asked for a full refund, I did suggest that the 4 delivery charges are taken off.  This happened during the pandemic also (2 months no delivery) I made an exception to that however no offer of compensation ie an additional 2 months pass, so this time I am extremely unhappy.  I know I shouldn’t of let the pass renew!!!! looking for something online that I can copy & paste to show that I’m not gonna be a pushover.

Jenni_D

How about something like:

Dear Sir/Madam,
I am writing to complain regarding your company's decision remove the option for deliveries to the area within which I reside, doing so less than 2 months after my annual delivery pass had renewed, and also regarding your customer services group taking my calls and then not delivering on their promises. As your company is in breach of contract (by removing the delivery option to my area) I require you to provide to me a pro-rata refund of the annual pass value. As the delivery option was removed after only 6 weeks then I require a refund of 46/52 times the annual pass value.

Please note that if there is a term in the contract which allows you to cancel the delivery option at your decision, if you believe that it also allows you to retain the full amount paid for the annual pass then you are mistaken - such a term would be in breach of the Unfair Terms in Consumer Contracts Regulations 1999 (Schedule 2 part 1(d) relates exactly to this situation), thus any such term would be void ab initio per clause 8 (1) and thus deemed as not existing in the contract.

I look forward to your early response and pro-rata refund.

Yours faithfully

Adjust the refund amount accordingly.

user1977

Karenmcneil said:

Hi Jen it was purchased 31/12/21 & I’ve had 4 deliveries from a 12 month pass. apparently It is stated in the T & C’s but I can’t find them!!!

If you were less coy about which "well-known supermarket" you're talking about, we might be able to find them for you..