Refund deducting more than delivery fee.

HillStreetBlues

Did you buy vinyl flooring?

LazyWhippet

HillStreetBlues said:

Did you buy vinyl flooring?

No it’s was packaged laminate. In its original packaging, accepted as a return in full. 

HillStreetBlues

It does look like they think you returned it under their T&Cs

Having a quick look at their T&Cs  can not see any reason you should get ant deduction on the price you paid for item.

If they undercharged posted that's their problem if it's not covered by any T&Cs 

LazyWhippet

T&Cs says they can recalculate delivery fee on a partial return. 

8.8 Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. 

If you go on what they are saying, say it cost them £1000 to send something but charged you £30, they can deduct the full £1000 from the refund? That’s not on…

jon81uk

What is the exact timescale?
On the concusmer contracts regulations, you need to tell them you want to cancel the contract within 14 days and then return the items within 14 further days and all costs must be returned.

If you didn't tell them you wanted to cancel within 14 days then its whatever in their terms that applies.

LazyWhippet

I told them I wanted to return the product after 3 days. I returned them 13 days later. 

Manxman_in_exile

But did you specifically tell them that you were exercising your right to cancel under s29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk), or did you simply tell them that you wanted to return the goods you bought?

Edit:  Or when you bought the goods did you expressly choose a method of delivery costing more than the normal or usual method of delivery offered by the trader?  If you did you aren't entitled to get back the extra you paid for the more expensive method of delivery

LazyWhippet

I didn’t explicitly quote the CCRs, I told them I want to return the product. 

I paid £29.50 for delivery, they have deducted £50.40 from the refund. I don’t care for my delivery fee back - I just want to get the money back on the full order minus the £29.50 I paid for delivery. 

Manxman_in_exile

It's always advisable to tell them explicitly that you are cancelling under the CCRs  -  if that is what you are doing  -  otherwise the trader may argue that as far as they were concerned you were cancelling under the terms of their own returns policy and not as per the statute.

If you cancelled under the CCRs then you are entitled to a full refund including the cost of whatever delivery method the trader uses as standard.  So if their "standard" charge would have been £29.50 you are entitled to get that £29.50 back plus the cost of the goods

But if you are cancelling under their own policy, it depends what that policy actually says...

(Out of interest, if you think you cancelled under the CCRs, why aren't you bothered about getting the £29.50 back?  You are legally entitled to it under the CCRs.  I'd suggest it potentially weakens your case to say you don't want something back that you are legally entitled to.  Makes it look like you don't have confidence in your own argumant... )

ThumbRemote

Manxman_in_exile said:

It's always advisable to tell them explicitly that you are cancelling under the CCRs  -  if that is what you are doing  -  otherwise the trader may argue that as far as they were concerned you were cancelling under the terms of their own returns policy and not as per the statute.

HillStreetBlues said:

It does look like they think you returned it under their T&Cs

If the trader claims this then they are breaking the law. 

Statutory rights cannot be affected. The trader cannot make a customer cancel under their own terms when those terms are worse than the law. Attempting to deny statutory rights is illegal. 

The OP did not have to inform the trader that they were cancelling under specific legislation, they only had to inform the trader that they were cancelling. CCR section 32: https://www.legislation.gov.uk/uksi/2013/3134/regulation/32/made simply says "make any other clear statement setting out the decision to cancel the contract."

This is a very simple case. LazyWhippet has cancelled the contract and returned the goods. They are entitled to a full refund, including original postage paid.