Adidas threatening letter

JohnnyB70

smartypants1902 said:

Yes, just this letter from no where. 

No idea about the rest…

If it’s your son’s return then how can you know that this is the first correspondence? What are you basing that on?

Ath_Wat

Manxman_in_exile said:

I assume that in returning the goods the OP was not "taking it upon herself" to do so - but was doing what her son (hopefully nicely) asked her to do?

You might be right.  The original post says they arrived "and I returned them for him", it doesn't specify.

sheramber

Ath_Wat said:

Manxman_in_exile said:

I assume that in returning the goods the OP was not "taking it upon herself" to do so - but was doing what her son (hopefully nicely) asked her to do?

You might be right.  The original post says they arrived "and I returned them for him", it doesn't specify.

As he is travelling all correspondence  may go to mother's address, which might be his home address anyway.

Olinda99

Since Adidas issued the returns label, the return is deemed complete once the post office have it and have scanned it in. It is of no concern to you what happens to it after then.

Assuming you or your son have the receipt of posting from the PO you can relax.

Adidas or their solicitors can send you as many letters as they want they are meaningless. Just keep replying that you returned it at xx PO and you have the certificate of posting.

The worst that can happen is they the go to court. You will then have the opportunity of showing your receipt and thus proving you posted it using their label. The judge will find in your favour and will not be best pleased with Adidas for wasting the court's time.

smartypants1902

No, no post office receipt I am afraid. 

We are not concerned though as we have a confirmation or receipt email from adidas. I suspect it’s an error.

Manxman_in_exile

Olinda99 said:

Since Adidas issued the returns label, the return is deemed complete once the post office have it and have scanned it in. It is of no concern to you what happens to it after then.

Assuming you or your son have the receipt of posting from the PO you can relax.

Adidas or their solicitors can send you as many letters as they want they are meaningless. Just keep replying that you returned it at xx PO and you have the certificate of posting.

The worst that can happen is they the go to court. You will then have the opportunity of showing your receipt and thus proving you posted it using their label. The judge will find in your favour and will not be best pleased with Adidas for wasting the court's time.

I have myself argued the very same point you are making on other threads.  But I'm always in two minds about it...

It's true the law says that the trader must reimburse without undue delay and in any case no more than 14 days after (1) either they receive the goods back or (2) if earlier, the OP provides "evidence of having sent the goods back".   

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Adidas have already complied with this in that they appear to have already paid the refund.  What the legislation is perhaps unclear about is what happens after payment of the refund if the trader never receives the goods back.  Are they prevented by the legislation from suing the consumer to get the refund back?

If the consumer uses a pre-paid returns label organised by the trader, and the goods can be shown to have gone astray during the return process itself, then it seems to me to be quite clear that the consumer is entitled both to receive and to keep the refund.  Any dispute is between the trader and the agent they have chosen for return.

But if it's not clear how or when the returned goods "got lost", what constitutes evidence that the consumer sent those goods back?  Is just a certificate of posting sufficient?

I don't know the answer.  As I said - I'm in two minds...

EDIT:  Of course, if Adidas have received the goods back and this is some kind of clerical error, it doesn't matter.  But the OP's son still needs to sort it out with ADidas ASAP

Manxman_in_exile

smartypants1902 said:

No, no post office receipt I am afraid. 

We are not concerned though as we have a confirmation or receipt email from adidas. I suspect it’s an error.

So you have some sort of "evidence" that the goods were sent back?  Good.

I presume that a refund in excess of £1000 relates to a pretty sizeable and weighty package.  Is it clear that the evidence you have relates to such a package?

If it's an error by Adidas, your son needs to resolve it with them before they do try to take proceedings against him.  For £1000+ they may consider it worthwhile to do so if they mistakenly think he's been playing silly beggars with returns to them.  Better to nip it in the bud than let it potentially escalate further.

MalMonroe

smartypants1902 said:

No, no post office receipt I am afraid. 

We are not concerned though as we have a confirmation or receipt email from adidas. I suspect it’s an error.

If it's an error, which it does seem to be, then your son deserves some kind of apology, at the very least, from Adidas. Your son's attitude is very disappointing though, you deserve a major apology and a big bunch of flowers from him, to my mind. Especially as you were trying to help. Not at all kind of him to immediately assume that you had done something wrong and insult you. Surely that's not how he was raised?!

user1977

Manxman_in_exile said:

But if it's not clear how or when the returned goods "got lost", what constitutes evidence that the consumer sent those goods back?  Is just a certificate of posting sufficient?

I was going to point out that it's not clear from the letter that Adidas are claiming no parcel has been received by them, but the dispute may be whether it contained the relevant items.

smartypants1902

Thanks all. Yes, he is going to call first thing tomorrow and has apologised. I shall keep you all posted.