Evri Failed to Return to JL - How do I get refund?

Manxman_in_exile

screech_78 said:

The OP must have been returning under JL’s own returns policy as if they didn’t, they would be responsible for returns postage...

HillStreetBlues said:

screech_78 said:

The OP must have been returning under JL’s own returns policy as if they didn’t, they would be responsible for returns postage. 

Not necessarily,  a retailer can offer more than the statuary legal requirements, just not less.
So JL can offer free returns in conjunction with the short term right to cancel.   

[Edit:  Ha!  Having read properly what I quote below from JL's returns policy I realise I have confused the original delivery charge with the cost of return so I was wrong in what I say below!]

Isn't @HillStreetBlues correct?

I can't see anything in JL's retruns policy that says they (JL) will only pay for a return if the consumer uses JL's own returns policy.  In fact doesn't it say the opposite?

For online and telephone purchases, we'll refund the standard delivery charge if the full order is returned within 14 days.
See here for more information on your rights under Consumer Contracts Regulations 2013

(Although I assume what they really mean is if the order is cancelled within 14 days and then returned within 14 days of that?)

Returns & Refunds | Customer Services | John Lewis & Partners

sheramber

• https://www.johnlewis.com/customer-services/shopping-with-us/terms-and-conditions
  

• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
• You can cancel by email or call 03456 049 049, or write to: Customer Services, johnlewis.com, Selectapost 57, Sheffield S97 3GL
•  If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). 

• 
   If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation 

Standard delivery charge refers to original charge for delivery

Manxman_in_exile

@sheramber - thankyou for making me read the returns policy again and making me realise @screech_78 was right and I was wrong!

HillStreetBlues

Manxman_in_exile said:

@sheramber - thankyou for making me read the returns policy again and making me realise @screech_78 was right and I was wrong!

It all depends if you notify JL your wish to cancel within the 14 days.
If you do, even if you use their pre-paid label it has to be classed as cancelling under CCR

Manxman_in_exile

HillStreetBlues said:

Manxman_in_exile said:

@sheramber - thankyou for making me read the returns policy again and making me realise @screech_78 was right and I was wrong!

It all depends if you notify JL your wish to cancel within the 14 days.
If you do, even if you use their pre-paid label it has to be classed as cancelling under CCR

Yeah.  I think JL's T&Cs are a bit confusing and don't seem to cover every eventuality...

I think part of the issue is that JL's terms and conditions explicitly say that if you are exercising your right to cancel under the CCRs, then you have to return the goods at your own cost.  I think their T&Cs make that quite clear.

Where it gets confusing is that if you are returning under JL's own 35 day returns policy, it looks as if you get some kind of pre-paid label to return the item with?  (The written T&Cs aren't very clear.  They are probably easier to follow if you are actually going through the process of returning something).

In this case the OP says he was returning under JL's own returns policy so maybe he was outside 14 days to cancel and/or a further 14 days to return?

But I see the point you are making.  If you are actually cancelling under the CCRs, why wouldn't you be able to take advantage of the pre-paid label JL have supplied for returns under their own policy?  If you tell them you are cancelling under the CCRs and not their own policy, do they then cancel the pre-paid label so you can't use it?

I don't understand the mechanics of how it's meant to work.  As I said, you probably need to be processing a return to follow it properly

the_lunatic_is_in_my_head

I don't think using the "free" return option automatically means the consumer hasn't cancelled their contract as JL would be entitled to deduct the cost of the return from the refund (possibly depending upon how the word free is interpreted). 

What really matters is whether the OP filled in the model cancellation form or made any other clear statement setting out the decision to cancel the contract and this is probably where most people miss the mark, as manxman has raised previously on these topics, depending upon how that expectation is interpreted.

The position on here seems to be if the trader gives a pre-paid label they bear the risk, I don't know what this is based on though, for £500 a letter before action and small claims may be worth it. 

It doesn't seem right that if the consumer returns themselves they bear the risk but equally they bear the risk when the trader pays for the return with the trader's choice of courier but what sounds right isn't necessarily the correct answer.

£500 and Evri simply doesn't go together for the average person sending a parcel. For JL they may have compensation automatically or some kind of business agreement with Evri to cover losses or simply take the business decision to write off any losses but how is the consumer expected to know any of this?

I'm too lazy to look but does JL mention anything about restricting the use of the label to a certain order value? Even if they did shouldn't their system be set up not to offer the label when the customer says I want to return xyz and those items come to more than any value limit for return that may be mentioned?

SJgirl84

Hi, just wanted to ask how this was resolved and if you got your refund?

Some the posts were confusing to me whether once you had handed the parcel over to the courier if it was now between them and JL or still your responsibility. 

Thank you 

sheramber

the_lunatic_is_in_my_head said:

I'm too lazy to look but does JL mention anything about restricting the use of the label to a certain order value? Even if they did shouldn't their system be set up not to offer the label when the customer says I want to return xyz and those items come to more than any value limit for return that may be mentioned?

Cotton Traders supply a free return label for Evri but deduct the cost of the return from your refund.