Delivery "insurance" surcharge following order placement

JVN01

Hi there

Would appreciate some advice. Ordered a lawnmower online (uk supplier for uk delivery) and paid in full (£174.95 including a nominal £5 delivery charge). Had subsequent email order confirmation and invoice.

Next day received a random email from a delivery company (registered in Kentucky, USA with a USA contact phone number) demanding payment of a £120 "delivery insurance" fee (allegedly refundable 'by cash or cheque' on delivery) before they would deliver the item to me. 

 Assuming that this was possibly a scam, and that the retailer website had maybe been compromised (the courier had my contact info, and order/invoice details) I contacted the supplier asking them to clarify what was going on and whether they were aware of the situation.

The retailer replied to say yes, this is legitimate and if the courier are demanding pre payment of delivery insurance then I have to pay it before the item will be delivered... so say I was dumbstruck would be an understatement! This type of practice is something I have never heard of before in all the years I have been ordering goods online in the uk...

Not wanting to get drawn into a long argument with the rogue courier company I requested to the retailer to cancel my order and issue me a full refund, on the basis that had I known that their chosen courier would expect me to pay an additional £120 in advance of delivery then I would never have chosen to order the item with them in the first place. The retailer have responded to say I cannot cancel the order now "as it has already been dispatched" (even though it is still showing as 'pending' on the order tracking, and located at the supplier depot), and they are refusing to issue me a refund.

So in summary, I've paid the retailer in full, including delivery, for an item costing under £170 and I'm being asked to pay a further £120 "refundable insurance" before their chosen courier will deliver the item.

I quick check of online consumer rights pages regarding delivery surcharges suggests the law is quite clear in this regard in that I was not provided with all the 'material information' necessary for me to make the correct decision whether to enter into a contract of sale with the supplier before I placed the order.

In addition, even immediately after placing the order, I was not advised by the supplier that their chosen courier would be demanding additional fees (refundable or not seems irrelevant). In this case, I would have immediately cancelled the order at that stage before the item was 'dispatched'. By not informing me of the additional delivery fees until the order was complete the retailer are now using that as their excuse not to issue me a refund.

I'm still gobsmacked that they are prepared to get drawn into this with a customer but I would appreciate some advice as to how to proceed!

The most recent email was from the supplier this morning basically saying "our team and our lawyer are ready for you to pursue any avenue you choose to get a refund but we will not be cancelling the order as it has already been shipped"

eskbanker

Is it definitely a UK retailer, what's their name?

JVN01

eskbanker said:

Is it definitely a UK retailer, what's their name?

Yes it's definitely a uk retailer who appear to be long established in their market (agricultural and gardening equipment supplies). Based in Bridport on the south coast according to their website. I won't name them here yet as I don't want to compromise any legal process that I may end up having to pursue to get my refund..

born_again

JVN01 said:

Hi there

Would appreciate some advice. Ordered a lawnmower online (uk supplier for uk delivery) and paid in full (£174.95 including a nominal £5 delivery charge). Had subsequent email order confirmation and invoice.

Next day received a random email from a delivery company (registered in Kentucky, USA with a USA contact phone number) demanding payment of a £120 "delivery insurance" fee (allegedly refundable 'by cash or cheque' on delivery) before they would deliver the item to me. 

 Assuming that this was possibly a scam, and that the retailer website had maybe been compromised (the courier had my contact info, and order/invoice details) I contacted the supplier asking them to clarify what was going on and whether they were aware of the situation.

The retailer replied to say yes, this is legitimate and if the courier are demanding pre payment of delivery insurance then I have to pay it before the item will be delivered... so say I was dumbstruck would be an understatement! This type of practice is something I have never heard of before in all the years I have been ordering goods online in the uk...

Not wanting to get drawn into a long argument with the rogue courier company I requested to the retailer to cancel my order and issue me a full refund, on the basis that had I known that their chosen courier would expect me to pay an additional £120 in advance of delivery then I would never have chosen to order the item with them in the first place. The retailer have responded to say I cannot cancel the order now "as it has already been dispatched" (even though it is still showing as 'pending' on the order tracking, and located at the supplier depot), and they are refusing to issue me a refund.

So in summary, I've paid the retailer in full, including delivery, for an item costing under £170 and I'm being asked to pay a further £120 "refundable insurance" before their chosen courier will deliver the item.

I quick check of online consumer rights pages regarding delivery surcharges suggests the law is quite clear in this regard in that I was not provided with all the 'material information' necessary for me to make the correct decision whether to enter into a contract of sale with the supplier before I placed the order.

In addition, even immediately after placing the order, I was not advised by the supplier that their chosen courier would be demanding additional fees (refundable or not seems irrelevant). In this case, I would have immediately cancelled the order at that stage before the item was 'dispatched'. By not informing me of the additional delivery fees until the order was complete the retailer are now using that as their excuse not to issue me a refund.

I'm still gobsmacked that they are prepared to get drawn into this with a customer but I would appreciate some advice as to how to proceed!

The most recent email was from the supplier this morning basically saying "our team and our lawyer are ready for you to pursue any avenue you choose to get a refund but we will not be cancelling the order as it has already been shipped"

Nice contradiction by the retailer.

Simply do not pay & wait & see if it gets delivered. 
If it does, it's not a issue & leave a review warning other about this practise.
If it does not, then depending on card used to pay. Visa 15 days, Mastercard 30 days. Chargeback for non receipt of goods. Do not mention that you tried to cancel.

Maybe find a email for owner & let them know about this practise. Maybe they do not know. As never known a courier want insurance paid for delivery, by a customer that they refund.

Are you prepared to name this courier?

nyermen

I might have misread something, but I suspect that the "insurance fee" is connected in some way to the cost of taxes and duty, since its probably being imported from the states, and in fact would not be refunded but offset against those?

MattMattMattUK

JVN01 said:

eskbanker said:

Is it definitely a UK retailer, what's their name?

Yes it's definitely a uk retailer who appear to be long established in their market (agricultural and gardening equipment supplies). Based in Bridport on the south coast according to their website. I won't name them here yet as I don't want to compromise any legal process that I may end up having to pursue to get my refund..

Nothing will be "compromise(d)" by saying who they are. 

JVN01

born_again said:

JVN01 said:

Hi there

Would appreciate some advice. Ordered a lawnmower online (uk supplier for uk delivery) and paid in full (£174.95 including a nominal £5 delivery charge). Had subsequent email order confirmation and invoice.

Next day received a random email from a delivery company (registered in Kentucky, USA with a USA contact phone number) demanding payment of a £120 "delivery insurance" fee (allegedly refundable 'by cash or cheque' on delivery) before they would deliver the item to me. 

 Assuming that this was possibly a scam, and that the retailer website had maybe been compromised (the courier had my contact info, and order/invoice details) I contacted the supplier asking them to clarify what was going on and whether they were aware of the situation.

The retailer replied to say yes, this is legitimate and if the courier are demanding pre payment of delivery insurance then I have to pay it before the item will be delivered... so say I was dumbstruck would be an understatement! This type of practice is something I have never heard of before in all the years I have been ordering goods online in the uk...

Not wanting to get drawn into a long argument with the rogue courier company I requested to the retailer to cancel my order and issue me a full refund, on the basis that had I known that their chosen courier would expect me to pay an additional £120 in advance of delivery then I would never have chosen to order the item with them in the first place. The retailer have responded to say I cannot cancel the order now "as it has already been dispatched" (even though it is still showing as 'pending' on the order tracking, and located at the supplier depot), and they are refusing to issue me a refund.

So in summary, I've paid the retailer in full, including delivery, for an item costing under £170 and I'm being asked to pay a further £120 "refundable insurance" before their chosen courier will deliver the item.

I quick check of online consumer rights pages regarding delivery surcharges suggests the law is quite clear in this regard in that I was not provided with all the 'material information' necessary for me to make the correct decision whether to enter into a contract of sale with the supplier before I placed the order.

In addition, even immediately after placing the order, I was not advised by the supplier that their chosen courier would be demanding additional fees (refundable or not seems irrelevant). In this case, I would have immediately cancelled the order at that stage before the item was 'dispatched'. By not informing me of the additional delivery fees until the order was complete the retailer are now using that as their excuse not to issue me a refund.

I'm still gobsmacked that they are prepared to get drawn into this with a customer but I would appreciate some advice as to how to proceed!

The most recent email was from the supplier this morning basically saying "our team and our lawyer are ready for you to pursue any avenue you choose to get a refund but we will not be cancelling the order as it has already been shipped"

Nice contradiction by the retailer.

Simply do not pay & wait & see if it gets delivered. 
If it does, it's not a issue & leave a review warning other about this practise.
If it does not, then depending on card used to pay. Visa 15 days, Mastercard 30 days. Chargeback for non receipt of goods. Do not mention that you tried to cancel.

Maybe find a email for owner & let them know about this practise. Maybe they do not know. As never known a courier want insurance paid for delivery, by a customer that they refund.

Are you prepared to name this courier?

Unfortunately, I have already paid in full at time of placing the order using a debit card (so my refund protection options are limited). So my issue is getting the refund for the money I have already paid...

The courier are (bizarrely) listed as a USA company "PMDS" (Postal Mail Delivery Services Inc) with a USA contact number, and they have been communicating with me directly via whatsapp using a USA based number +1 480 788-8533.

I have instructed the courier I won't be paying any insurance fees so my beef is no longer with them.

My problem is with the UK retailer who are still refusing to issue me a refund on the basis the item has already been shipped (despite it still showing as pending at the depot) and it being their chosen courier who are employing these practices, and I was given no prior warning of these additional charges at any stage during or immediately following the order process..

As far as I'm aware the contract of sale between myself and the retailer is not valid since the retailer did not provide all material information to me at the time of sale (I would never have ordered from them if I had known that their chosen courier would apply such delivery surcharges).

Now I just need to know what my best options are to pursue my refund...

JVN01

nyermen said:

I might have misread something, but I suspect that the "insurance fee" is connected in some way to the cost of taxes and duty, since its probably being imported from the states, and in fact would not be refunded but offset against those?

I wondered the same but the item was described as being in stock in uk (it's a European brand mower) and delivery was quoted as 1-3 days..

pinkshoes

I'd wait 5 working days then if no lawnmower is delivered, contact your card provider to do a chargeback, stating that it hasn't been delivered within the time frame.

Any courier charges should be paid by the seller. You have no contract with the courier. 

born_again

JVN01 said:

born_again said:

JVN01 said:

Hi there

Would appreciate some advice. Ordered a lawnmower online (uk supplier for uk delivery) and paid in full (£174.95 including a nominal £5 delivery charge). Had subsequent email order confirmation and invoice.

Next day received a random email from a delivery company (registered in Kentucky, USA with a USA contact phone number) demanding payment of a £120 "delivery insurance" fee (allegedly refundable 'by cash or cheque' on delivery) before they would deliver the item to me. 

 Assuming that this was possibly a scam, and that the retailer website had maybe been compromised (the courier had my contact info, and order/invoice details) I contacted the supplier asking them to clarify what was going on and whether they were aware of the situation.

The retailer replied to say yes, this is legitimate and if the courier are demanding pre payment of delivery insurance then I have to pay it before the item will be delivered... so say I was dumbstruck would be an understatement! This type of practice is something I have never heard of before in all the years I have been ordering goods online in the uk...

Not wanting to get drawn into a long argument with the rogue courier company I requested to the retailer to cancel my order and issue me a full refund, on the basis that had I known that their chosen courier would expect me to pay an additional £120 in advance of delivery then I would never have chosen to order the item with them in the first place. The retailer have responded to say I cannot cancel the order now "as it has already been dispatched" (even though it is still showing as 'pending' on the order tracking, and located at the supplier depot), and they are refusing to issue me a refund.

So in summary, I've paid the retailer in full, including delivery, for an item costing under £170 and I'm being asked to pay a further £120 "refundable insurance" before their chosen courier will deliver the item.

I quick check of online consumer rights pages regarding delivery surcharges suggests the law is quite clear in this regard in that I was not provided with all the 'material information' necessary for me to make the correct decision whether to enter into a contract of sale with the supplier before I placed the order.

In addition, even immediately after placing the order, I was not advised by the supplier that their chosen courier would be demanding additional fees (refundable or not seems irrelevant). In this case, I would have immediately cancelled the order at that stage before the item was 'dispatched'. By not informing me of the additional delivery fees until the order was complete the retailer are now using that as their excuse not to issue me a refund.

I'm still gobsmacked that they are prepared to get drawn into this with a customer but I would appreciate some advice as to how to proceed!

The most recent email was from the supplier this morning basically saying "our team and our lawyer are ready for you to pursue any avenue you choose to get a refund but we will not be cancelling the order as it has already been shipped"

Nice contradiction by the retailer.

Simply do not pay & wait & see if it gets delivered. 
If it does, it's not a issue & leave a review warning other about this practise.
If it does not, then depending on card used to pay. Visa 15 days, Mastercard 30 days. Chargeback for non receipt of goods. Do not mention that you tried to cancel.

Maybe find a email for owner & let them know about this practise. Maybe they do not know. As never known a courier want insurance paid for delivery, by a customer that they refund.

Are you prepared to name this courier?

Unfortunately, I have already paid in full at time of placing the order using a debit card (so my refund protection options are limited). So my issue is getting the refund for the money I have already paid...

The courier are (bizarrely) listed as a USA company "PMDS" (Postal Mail Delivery Services Inc) with a USA contact number, and they have been communicating with me directly via whatsapp using a USA based number +1 480 788-8533.

I have instructed the courier I won't be paying any insurance fees so my beef is no longer with them.

My problem is with the UK retailer who are still refusing to issue me a refund on the basis the item has already been shipped (despite it still showing as pending at the depot) and it being their chosen courier who are employing these practices, and I was given no prior warning of these additional charges at any stage during or immediately following the order process..

As far as I'm aware the contract of sale between myself and the retailer is not valid since the retailer did not provide all material information to me at the time of sale (I would never have ordered from them if I had known that their chosen courier would apply such delivery surcharges).

Now I just need to know what my best options are to pursue my refund...

As I said. Non receipt refund if it does not turn up.. Refund protection is exactly the same as a credit card.👍

My bet is it will turn up. But of course if it has been dispatched, then retailer will not refund. Which courier do they say they use?

That courier company does not show up on a google search, nor does the tel number.
Whatsapp contact would be a big alarm bell. 

eskbanker

born_again said:
But of course if it has been dispatched, then retailer will not refund.

But the point is that if they're a UK retailer, then they're legally obliged (under the contract cancellation regulations) to refund an online order, up to 14 days after delivery.  Granted, it may ultimately take court action to enforce that, but it really ought not to, unless they're some complete cowboy outfit....