Zara refusing to refund lost return

SJgirl84

ldncase said:

They will eventually refund it in the end, as long as you have the proof of postage.
I believe the majority of the retailers need time to launch an investigation, and based on my experiences, it could take from a week to up to 2 months. If it passes 2 months, it's best for you to go with legal actions. If you pay via PayPal etc, my advice is to open an case first within 30 days of purchase.

Nope trust me they are not budging. I have shopped online ALOT over the years and have never encountered a problem like this before. It’s unbelievable that such a big company are treating customers this way when they have proof of return using the label they provided. 

PayPal say they can’t help unless there is a problem with the goods received such as good not as described. 

born_again

SJgirl84 said:

ldncase said:

They will eventually refund it in the end, as long as you have the proof of postage.
I believe the majority of the retailers need time to launch an investigation, and based on my experiences, it could take from a week to up to 2 months. If it passes 2 months, it's best for you to go with legal actions. If you pay via PayPal etc, my advice is to open an case first within 30 days of purchase.

Nope trust me they are not budging. I have shopped online ALOT over the years and have never encountered a problem like this before. It’s unbelievable that such a big company are treating customers this way when they have proof of return using the label they provided. 

PayPal say they can’t help unless there is a problem with the goods received such as good not as described. 

Not even non receipt of refund? Given you have proof of return?

Steena100

Has anyone made any progress on this?  The same thing has just happened to me.  I returned 6 items from an order in one box, and only received a refund for 4 of them.
Zara are saying that they don't have the outstanding 2 items, but I only have the proof of postage, and obviously the box did arrive as they have refunded some of it.  I've never been in a position where the brand thinks that the customer is liar rather than being open to any possible flaw in their system
I don't want to swallow tier mistake, but don't know what my rights are or where to go

powerful_Rogue

Steena100 said:

Has anyone made any progress on this?  The same thing has just happened to me.  I returned 6 items from an order in one box, and only received a refund for 4 of them.
Zara are saying that they don't have the outstanding 2 items, but I only have the proof of postage, and obviously the box did arrive as they have refunded some of it.  I've never been in a position where the brand thinks that the customer is liar rather than being open to any possible flaw in their system
I don't want to swallow tier mistake, but don't know what my rights are or where to go

This will be more complicated then the OPs case. Is there a weight on the receipt you got for returning the goods? It will be a case of sending a Letter Before Action then initiating a claim via the Small Claims Court. Will then be based on the balance of probabilities on who is correct. (Not that i'm saying you're not)

Manxman_in_exile

SJgirl84 said:

ldncase said:

They will eventually refund it in the end, as long as you have the proof of postage.
I believe the majority of the retailers need time to launch an investigation, and based on my experiences, it could take from a week to up to 2 months. If it passes 2 months, it's best for you to go with legal actions. If you pay via PayPal etc, my advice is to open an case first within 30 days of purchase.

Nope trust me they are not budging. I have shopped online ALOT over the years and have never encountered a problem like this before. It’s unbelievable that such a big company are treating customers this way when they have proof of return using the label they provided. 

PayPal say they can’t help unless there is a problem with the goods received such as good not as described. 

I can't add much to what others have said.  If Zara supplied you with a pre-paid returns label to use with Evri, then it's not your problem if Evri lose the return.  If you have proof that you dropped the goods off with Evri then it becomes Zara's problem to sort out with Evri.  It shouldn't be a problem for you.

You need to send them a Letter Before Claim/Letter Before Action - outline the facts, and tell them you will issue a claim against them if they do not refund you within 14 days.  Point out that if they force you to issue a claim you will be adding the issue fee to the amount you are claiming.  And then be prepared to carry out that threat after 14 days.

(NB - I'm not saying you have any certainty of winning a court case but for £300 I'd say it's worth the effort.  The general view in this forum is that when goods are being returned to a retailer, if the retailer pays for the return, then the goods are the retailer's responsibility from the point you drop them off with the retailer's chosen courier.  That is the general view on this forum and it makes sense.  But don't ask me to quote to you the actual law that says that.)

I'd check Zara's T&Cs to see if they have an appropriate address to send the LBC to.  You can send it 1st class but do so from a Post Office counter and ask for a free certificate of posting.  It is then deemed delivered 2 working days later unless Zara can prove they didn't receive it.  (Not easy for them to do)

If you go to the last page of this thread (link below) you'll see that that OP only got anywhere with Zara after asking them for their address and email so she could send a LBC.  They immediately apologised and paid her her refund.  Her complaint was different from yours but the principle is the same.  (More or less).

Ask them for an address so you can send a LBC and see if that works.

Retailer refusing to refund lost order even though I didn’t specify a safe place & no signature - Page 8 — MoneySavingExpert Forum


The above is one way of dealing with it.  There might be a second way which I'll cover in a second post shortly

Manxman_in_exile

@SJgirl84

I don't think you've explained "how" you returned the goods?  What I mean is, did you return the goods under Zara's own returns policy, or did you exercise your statutory right to cancel the order under reg 29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)?

If you exercised your statutory right to cancel, then reg 34(5)(b) of those same regulations says that the trader must refund you within 14 days of you providing evidence of having sent the goods back.  That's what the law says if you exercised your stautory right to cancel.

In order to have exercised your statutory right to cancel you must have done two things: (1) clearly told Zara within 14 days of you receiving the goods that you were cancelling the contract, and (2) have sent the goods back to them within 14 days of telling them you were cancelling.

If you can satisfy those two conditions then I would add to your LBC a second point that you are also relying on having exercised your stautory right to cancel under the Consumer Contrcat Regulations 2013 (link above) and in particular reg 34(5)(b) which says that Zara must refund you no later than 14 days after you have supplied evidence to them that you've sent the goods back.  And quote reg 34(5)(b) to them.

The difficulties you are likely to have with this approach are that (1) you never clearly told them you were cancelling the contrcat, and/or (2) that you did so outside 14 days, and/or (3) you took longer than a further 14 days to send the goods back.

But if you think you can legitimately argue that you did exercise your statutory right to cancel, then include it in your LBC and quote reg 34(5)(b)

I would always advise people who are returning online purchases always to make it 100% clear to the trader that they are exercising their statutory right to cancel and that they are not using the trader's own returns policy.  The only two exceptions would be if you are outside the 14 day cancellation window or if the trader's own returns policy gives you a much better deal than the regulations

SJgirl84

Manxman_in_exile said:

The difficulties you are likely to have with this approach are that (1) you never clearly told them you were cancelling the contrcat, and/or (2) that you did so outside 14 days, and/or (3) you took longer than a further 14 days to send the goods back.

Thank you manxman

Would a phone call to Zara within the 14 days of receiving the goods to inform them that I wish to cancel the contract be sufficient to use this point when send the LBC? 

I sent the goods back two days after receiving them, it’s just whether or not I needed to have put in writing that I wanted to cancel the contract which I didn’t. 

Manxman_in_exile

You need to look at reg 32 which explains how to tell a trader that you are exercising your right to cancel.  You can read it all yourself but here are what I think are the relevant bits:

"Exercise of the right to withdraw or cancel

32.—(1) ...

(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract.  [my bold]

(4) ...

(a)...

(b)...

(5) Where the consumer informs the trader under paragraph (2) by sending a communication, the consumer is to be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the period.

(6) In case of dispute it is for the consumer to show that the contract was cancelled in the cancellation period in accordance with this regulation"

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

I take that to mean that a telephone call made by you - within 14 days of you receiving the goods from Zara - telling Zara clearly that you are cancelling the contract would be enough to exercise your right to cancel.  I can't see that it says anywhere that the "clear statement" has to be in writing.  

Note that Zara might argue that para (5) implies such a statement should be in writing because it talks about "sending a communication". But para (2) itself simply says "make any other clear statement...".  It says nothing about writing or sending.

Note that in the case of a dispute, para (6) puts the onus on you to prove that you cancelled the contrcat in accordance with the regs.  So it would come down to what you said, whether you recorded the converstaion, whether they recorded the conversation etc etc

But if you think you can honestly argue that your 'phone call cancelled the contrcat, then run with it.  If they have a recording that proves you didn't, then you simply must have been mistaken...

So to answer your question: the regulations don't say you have to cancel in writing, just that you must make a "clear statement" that you are cancelling, and I don't see why that can't be a 'phone call.  You know better than me if you made a clear statement.

To recap - you have two ways of approaching this and I don't see why you can't indicate both in your LBC.

First you could argue that you exercised your stautory right to cancel and therefore under reg 34(5)(b) Zara must reimburse you no later than 14 days after you have provided evidence that you sent the goods back.

Second, as Zara provided the prepaid return label to you, responsibility for the goods transferred from you to Zara when you dropped the goods off at Zara's chosen courier.  If their courier subsequently lost it, that's between Zara and the courier.  You sent the goods back, you didn't choose the courier, Zara did, therefore you are entitled to your refund.

Good luck.  Remember that if Zara don't cave in under the LBC, then you will have to issue a claim if you want to get your £300 back.  Also remember that when you get to court nothing is ever 100% certain.

Manxman_in_exile

Just to clarify something because I wouldn't want you to get the wrong end of the stick about it...   

If this should get to court because Zara are really difficult, and you end up having to do a witness statement, you have to tell the truth.

I've no idea what you told Zara in the 'phone conversation and you may have forgotten exactly what you said yourself.  But I'd see nothing wrong with something like:  "I can't recall the exact words I used but I called Zara and explained that I was returning the goods for a refund.  As far as I'm concerned that amounted to a clear statement that I was cancelling the contract, as why else would I be returning the goods for a refund if I wasn't cancelling the contrcat?"  You can adapt that according to what you said.

(I know there are other posters on here who think the mere fact you are returning an item for a refund within 14 days should be sufficient by itself to establish that you were cancelling the contrcat, but I'm not so sure myself.  @HillStreetBlues might be one of them...?)

HillStreetBlues

Manxman_in_exile said:

Just to clarify something because I wouldn't want you to get the wrong end of the stick about it...   

If this should get to court because Zara are really difficult, and you end up having to do a witness statement, you have to tell the truth.

I've no idea what you told Zara in the 'phone conversation and you may have forgotten exactly what you said yourself.  But I'd see nothing wrong with something like:  "I can't recall the exact words I used but I called Zara and explained that I was returning the goods for a refund.  As far as I'm concerned that amounted to a clear statement that I was cancelling the contract, as why else would I be returning the goods for a refund if I wasn't cancelling the contrcat?"  You can adapt that according to what you said.

(I know there are other posters on here who think the mere fact you are returning an item for a refund within 14 days should be sufficient by itself to establish that you were cancelling the contrcat, but I'm not so sure myself.  @HillStreetBlues might be one of them...?)

I'm not one,  I think a consumer needs to make a statement about cancelling. (sorry if I've been unclear)

What I do think is just because a person uses a prepaid parcel, it doesn't mean they have always returned it under T&Cs,

If a person cancels and uses a prepaid parcel,  then it's cancelled, but the retailer could to deduct the cost of postage from the refund.