Zara Refuse to Refund me - Help

ThumbRemote

Alderbank said:

bambam789 said:

Surely this is not legal? THEY chose Evri as a courier to represent them so I used them. I have proof I have returned it. I cannot get in contact with Evri so can someone give me any advice of my next move please?

It might be legal. It depends.

You used Zara's forms to get a free change of mind return so that sounds like you have used one of Zara's in-house procedures instead of your statutory rights. If so, then the terms are whatever their T&Cs say. For example they may say that you don't get your refund until they have checked the contents of your return.

I don't think this is correct. 

bambam789 has returned the goods to Zara's appointed agent, which is Evri. They have proof of this. They have done all that is required of them.

No matter what their T&Cs say, Zara have to act in good faith. They can't just lose a parcel and ignore it, any more than they can sack all their returns staff and claim they've not checked the contents. 

Either they accept the goods back and give a refund, or they acknowledge they've lost the goods themselves and give a refund. 

bambam789

ThumbRemote said:

Alderbank said:

bambam789 said:

Surely this is not legal? THEY chose Evri as a courier to represent them so I used them. I have proof I have returned it. I cannot get in contact with Evri so can someone give me any advice of my next move please?

It might be legal. It depends.

You used Zara's forms to get a free change of mind return so that sounds like you have used one of Zara's in-house procedures instead of your statutory rights. If so, then the terms are whatever their T&Cs say. For example they may say that you don't get your refund until they have checked the contents of your return.

I don't think this is correct. 

bambam789 has returned the goods to Zara's appointed agent, which is Evri. They have proof of this. They have done all that is required of them.

No matter what their T&Cs say, Zara have to act in good faith. They can't just lose a parcel and ignore it, any more than they can sack all their returns staff and claim they've not checked the contents. 

Either they accept the goods back and give a refund, or they acknowledge they've lost the goods themselves and give a refund. 

Yes this is exactly how I view it. Nobody forced Zara to use Evri - they chose to. They chose that courier company to represent them good or bad. Evri has lost the parcel which is exactly the same as Zara losing it to me. They are the same company effectively how I view it.

SAEHughes

I'm another victim of Zara. Sorry to hijack your thread bambam but I'm a bit further along the process than you are, it might save you some time. 

I bought three times totalling £214.97 from Zara's website, paid by debit card. Promptly returned all three items the day after due to poor quality. Evri lost the return, Zara refuse to refund. 

To returns items to Zara one needs to login to Zara's website and fill in an online return request, selecting each individual item and giving a reason. Then you get to select a choice of return courier from Yodel, Royal Mail or Evri. Then click submit return request for approval. 
The process seems to be automated as the return is then approved by email within minutes and in a separate email I was emailed an Evri QR code - to print the label from in-store. I chose Evri as the parcel was fairly large and I was going to Tesco the following day. 

The returns are not free but neither are they paid for upfront by the customer. Zara deducts £1.95 from the refund amount, so I would assume Zara are subsidising the return cost. 
Zara have also confirmed to that customers are locked into the using the return methods Zara provides, as internally Zara uses the tracking numbers issued to process the returns. Zara said they will not refund items returned outside of their own return procedures. 
When I long into my Zara account under return status it says 'collected by courier'. So Zara are aware I have used the service they provided. 

Evri lost the return parcel, it was posted on 8th March. After it was collected from Tesco the tracking never updated again. I've tried contacting Evri who tell me to contact Zara and say Zara would need to instigate any claim.

Zara refuse to refund. I've had numerous excuses, they either tell me they won't accept the proof of posting (the blue Evri ticket) for various reasons; it doesn't contain the weight, Zara's name or address, it only has the short eight digit code not the full tracking number. Or Zara try to claim they don't have to refund as they never received the return parcel. 

I tried a chargeback but Zara disputed it saying the return goods hadn't been received. My bank then advised it was unfortunately out of their hands, proof of postage wasn't enough and I needed proof Zara have received the return.

I sent Zara a letter before action, Zara have confirmed it was received by saying any such case will be defended. This is where I am up to. I don't have experience of going to court before, I would appreciate some help. I know Zara are the in the wrong but do I need to state what legislation/law they are breaking? Or do I simply provide an account of what has happened?

Do I start the claim against ITX UK Limited? Do I need to put trading as Zara? I addressed the letter before action to ITX UK Limited and put Zara online order xxxxxx as a reference.
This is from Zara’s website: Sale of ZARA and ZARA HOME items through this website is carried out by ITX UK Limited, a UK company with registered offices at Lumina House, 89 New Bond Street, London W1S 1DA, Company registration number 2245999, with VAT No. GB 649927871. The company will be referred hereinafter as "us"/"we"/"our"/"ITX”.

HillStreetBlues

SAEHughes said:

I'm another victim of Zara. Sorry to hijack your thread bambam but I'm a bit further along the process than you are, it might save you some time. 

I bought three times totalling £214.97 from Zara's website, paid by debit card. Promptly returned all three items the day after due to poor quality. Evri lost the return, Zara refuse to refund. 

To returns items to Zara one needs to login to Zara's website and fill in an online return request, selecting each individual item and giving a reason. Then you get to select a choice of return courier from Yodel, Royal Mail or Evri. Then click submit return request for approval. 
The process seems to be automated as the return is then approved by email within minutes and in a separate email I was emailed an Evri QR code - to print the label from in-store. I chose Evri as the parcel was fairly large and I was going to Tesco the following day. 

The returns are not free but neither are they paid for upfront by the customer. Zara deducts £1.95 from the refund amount, so I would assume Zara are subsidising the return cost. 
Zara have also confirmed to that customers are locked into the using the return methods Zara provides, as internally Zara uses the tracking numbers issued to process the returns. Zara said they will not refund items returned outside of their own return procedures. 
When I long into my Zara account under return status it says 'collected by courier'. So Zara are aware I have used the service they provided. 

Evri lost the return parcel, it was posted on 8th March. After it was collected from Tesco the tracking never updated again. I've tried contacting Evri who tell me to contact Zara and say Zara would need to instigate any claim.

Zara refuse to refund. I've had numerous excuses, they either tell me they won't accept the proof of posting (the blue Evri ticket) for various reasons; it doesn't contain the weight, Zara's name or address, it only has the short eight digit code not the full tracking number. Or Zara try to claim they don't have to refund as they never received the return parcel. 

I tried a chargeback but Zara disputed it saying the return goods hadn't been received. My bank then advised it was unfortunately out of their hands, proof of postage wasn't enough and I needed proof Zara have received the return.

I sent Zara a letter before action, Zara have confirmed it was received by saying any such case will be defended. This is where I am up to. I don't have experience of going to court before, I would appreciate some help. I know Zara are the in the wrong but do I need to state what legislation/law they are breaking? Or do I simply provide an account of what has happened?

Do I start the claim against ITX UK Limited? Do I need to put trading as Zara? I addressed the letter before action to ITX UK Limited and put Zara online order xxxxxx as a reference.
This is from Zara’s website: Sale of ZARA and ZARA HOME items through this website is carried out by ITX UK Limited, a UK company with registered offices at Lumina House, 89 New Bond Street, London W1S 1DA, Company registration number 2245999, with VAT No. GB 649927871. The company will be referred hereinafter as "us"/"we"/"our"/"ITX”.

My first port of call would be a complaint to the bank, as it is within their hands. You followed the T&Cs of Zara return procedure.
That is what the bank should be looking at.
If that complaint fails then go to the financial ombudsman for a decision as that is all free.

If those fail you are still free to take them to court.
 

born_again

HillStreetBlues said:

SAEHughes said:

I'm another victim of Zara. Sorry to hijack your thread bambam but I'm a bit further along the process than you are, it might save you some time. 

I bought three times totalling £214.97 from Zara's website, paid by debit card. Promptly returned all three items the day after due to poor quality. Evri lost the return, Zara refuse to refund. 

To returns items to Zara one needs to login to Zara's website and fill in an online return request, selecting each individual item and giving a reason. Then you get to select a choice of return courier from Yodel, Royal Mail or Evri. Then click submit return request for approval. 
The process seems to be automated as the return is then approved by email within minutes and in a separate email I was emailed an Evri QR code - to print the label from in-store. I chose Evri as the parcel was fairly large and I was going to Tesco the following day. 

The returns are not free but neither are they paid for upfront by the customer. Zara deducts £1.95 from the refund amount, so I would assume Zara are subsidising the return cost. 
Zara have also confirmed to that customers are locked into the using the return methods Zara provides, as internally Zara uses the tracking numbers issued to process the returns. Zara said they will not refund items returned outside of their own return procedures. 
When I long into my Zara account under return status it says 'collected by courier'. So Zara are aware I have used the service they provided. 

Evri lost the return parcel, it was posted on 8th March. After it was collected from Tesco the tracking never updated again. I've tried contacting Evri who tell me to contact Zara and say Zara would need to instigate any claim.

Zara refuse to refund. I've had numerous excuses, they either tell me they won't accept the proof of posting (the blue Evri ticket) for various reasons; it doesn't contain the weight, Zara's name or address, it only has the short eight digit code not the full tracking number. Or Zara try to claim they don't have to refund as they never received the return parcel. 

I tried a chargeback but Zara disputed it saying the return goods hadn't been received. My bank then advised it was unfortunately out of their hands, proof of postage wasn't enough and I needed proof Zara have received the return.

I sent Zara a letter before action, Zara have confirmed it was received by saying any such case will be defended. This is where I am up to. I don't have experience of going to court before, I would appreciate some help. I know Zara are the in the wrong but do I need to state what legislation/law they are breaking? Or do I simply provide an account of what has happened?

Do I start the claim against ITX UK Limited? Do I need to put trading as Zara? I addressed the letter before action to ITX UK Limited and put Zara online order xxxxxx as a reference.
This is from Zara’s website: Sale of ZARA and ZARA HOME items through this website is carried out by ITX UK Limited, a UK company with registered offices at Lumina House, 89 New Bond Street, London W1S 1DA, Company registration number 2245999, with VAT No. GB 649927871. The company will be referred hereinafter as "us"/"we"/"our"/"ITX”.

My first port of call would be a complaint to the bank, as it is within their hands. You followed the T&Cs of Zara return procedure.
That is what the bank should be looking at.
If that complaint fails then go to the financial ombudsman for a decision as that is all free.

If those fail you are still free to take them to court.
 

Sadly not.
Banks have to abide by the chargeback process set up by the card providers, just the same as retailer do. There is no exceptions in this.
These are over & above your consumer rights.

HillStreetBlues

https://www.financial-ombudsman.org.uk/decision/DRN-3702673.pdf

Mr O ordered two computers from a supplier in October 2021 and paid for these using his
Starling Mastercard debit card. Mr O was then able to secure the same equipment through
his university and so he returned the items he had purchased using the supplier’s return
label. Unfortunately, the items were lost in transit. Mr O says he wasn’t able to claim for the
goods from the postal provider as he had used a supplier return label and so it was up to the
supplier to make the claim. He contacted the supplier several times and says he was told he
would receive the refund, but this didn’t happen. Mr O then contacted Starling Bank to raise
a dispute about the payment. Mr O says he provided documents to support his case, but
Starling Bank refused to raise his claim.


Starling Bank issued a final response letter in February 2022. It noted the contact that had
been made and said that Mr O hadn’t provided sufficient evidence for his chargeback claim
to be raised. It said it needed Mr O to provide evidence that the goods had been returned
and received by the supplier and that the supplier had said a refund would be provided. Mr O
had explained the goods had been lost in transit and it noted that further evidence had been
provided but said there still wasn’t sufficient evidence for a claim to be raised.

Mr O completed a chargeback form which explained the details of his dispute. He also
provided evidence from the supplier saying that the goods were in transit and separately that
a refund request had been raised. The supporting evidence doesn’t require the cardholder to
prove the items have been received back by the supplier. Based on the information Mr O
provided I think that Startling Bank should have raised the chargeback claim.

Putting things right
Starling Bank Limited should: Refund Mr O his transaction of £2,838 along with 8% simple interest from 11 January
2022 till the date of settlement; and
Pay Mr O compensation of £300 for the distress and inconvenience he has been
caused.
My final decision
My final decision is that I uphold this complaint. Starling Bank Limited should take the
actions set out above in resolution of this complaint.
Under the rules of the Financial Ombudsman Service, I’m required to ask Mr O to accept or
reject my decision before 9 November 2022.



As in this case with Starling,  who did reject the chargeback claim because there was no proof that the return had been received, the Ombudsman found by using the suppliers own label that proof of posting was sufficient.



 

Alderbank

Very well researched @HillStreetBlues!

The ombudsman does not set binding precedents and subsequent decisions can be conflicting but this is very useful. Thanks!

HillStreetBlues

Alderbank said:

The ombudsman does not set binding precedents and subsequent decisions can be conflicting but this is very useful. Thanks!

I totally agree, maybe another one won't uphold it.
But my view is, it's a no lose gamble. Win you get your money back, lose and it won't have cost you anything.
If losing, then go after the retailer via the court.

sheramber

Is that not a S75 claim , despite the decision referring to chargeback, with Starling having to refund.

A chargeback claims the money from the retailer, who can dispute it, and not from the bank.

Alderbank

sheramber said:

Is that not a S75 claim , despite the decision referring to chargeback, with Starling having to refund.

A chargeback claims the money from the retailer, who can dispute it, and not from the bank.

There are now three different claims entwined in this thread.
The OP, a hijacker and a settled example of a previous ombudsman decision.
Which claim are you referring to, the ombudsman decision?

This thread is becoming fubar