Good not received

niman_2

Hi all,

I'm hoping that someone can help me, this is a long one!

I purchased a TV and soundbar from an online store just after Christmas. The next day I sent them an email to advise that I wanted to cancel the order and a few hours later received a call form the store. The sales person refused to cancel the order and told me I'd need to reject the goods even though nothing was dispatched as this was on 27 December when couriers and parcelforce were still closed, the sales person told me this.

Forward to a few days later I receive a text from the Courier to say that the TV is going to be delivered, can I call them to arrange a date? So I contact them and tell them to return to sender, they agree and the TV is never delivered to me. The soundbar was sent separately so when it turned up I refused it. The tracking shows the store refusing to accept it back twice and so it was redelivered to me when I was out. I raised a complaint with Newday credit card who did a chargeback. This was eventually reversed as the merchant disputed it. The issue is that the merchant misled Newday with their evidence in relation to tracking and delivery and they also were selective in their email trail from me to them. Newday closed the complaint and now I've no idea where to go from here. I have the full email trail with the store, I have the full tracking from Parcelforce showing that the retailer refused to accept it back and I have info from the courier to show that they returned to sender before it was loaded for delivery to me. 

I'm considering making a small claims court case against the retailer but before doing so I wanted to know if Newday are responsible in any way as they closed this without giving me the opportunity to provide them with all the information to support my complaint and I was under the impression that this was a Sec75 claim, not a chargeback. Their system only allows one file to be submitted for the initial complaint so it's not possible to send them them the email trail, tracking info and details of complaint as one PDF. I was told by them in an online chat that they'd contact me for more info, they never did.

Thanks in advance...

born_again

So do you still have the soundbar? If you do then the retailer contested the chargeback & Newday are right. You can not have the goods & a refund.

TBH. You should have provided all the evidence in the 1st place.

Well without knowing the cost of the soundbar (minus delivery). No way to say which should have been actioned.

eskbanker

niman_2 said:

I purchased a TV and soundbar from an online store just after Christmas. The next day I sent them an email to advise that I wanted to cancel the order and a few hours later received a call form the store. The sales person refused to cancel the order and told me I'd need to reject the goods even though nothing was dispatched as this was on 27 December when couriers and parcelforce were still closed, the sales person told me this.

Perhaps easy to say in hindsight but did you make it clear at the time of cancelling (or subsequently) that your were exercising your statutory rights to cancel within 14 days, as enshrined within the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013?  These oblige an online merchant to accept a cancellation request during that period, so refusal to do so is the core contractual breach here, rather than all the toing and froing about deliveries and rejections, so does the email trail actually include specific reference to their refusal to recognise your rights?

It does sound like chargeback was inappropriate but you should still have s75 rights against the card company, if it's made clear to them that the breach of contract relates to refusal to cancel, rather than anything to do with the goods being received or not, assuming of course that the payment was directly to the merchant by credit card and for items over £100....