Next claiming I have worn an item and charging me £35 investigation fee

wendyjane

I ordered a dress from Next online, received it Tuesday 2nd May and returned it in store Thursday 4th May as it did not fit.   The dress was returned back to me on 25th May by Next stating the dress had been worn.  I did not wear the dress as it did not fit.  Next are claiming it was not returned in the same condition it was sent to me which is untrue as I only tried it on.  They have also charged me an investigation fee of £35 ! I am so upset over this as I did not wear the dress but they are adament I did. I have complained to them and they have investigated but they still state it has been worn - it definately has not. They also claimed the tag was reattached which is ridiculous as it is attached by a pin so unable to tell if reattached or not.  Im so upset over these false allegations and will never order online from them again as they could say this with any item that is returned.  Its their word against mine but I cannot do anything about it as they have charged the dress and investigation fee to my account.  I have had numerous telephone calls and emails with them but they will not back down.  I feel Next are making money out of customers.  I just do not know where to turn to now.

pinkshoes

If they've sent it back, then try it on again, take a photo showing that the dress does NOT fit, then send them a letter before action giving them 14 days to refund the £35 stating that the dress has NOT been worn and was returned 2 days later at the earliest opportunity because it did NOT fit, and please see the attached photo showing that the dress does not fit. 

the_lunatic_is_in_my_head

Unless I'm missing it, their terms talk about return and cancel together and say 

You may return most items in a new and unused condition. Items should be returned in the original packaging, if tags have been removed we may be unable to process a refund. If you want to cancel/return your order you must tell us within 14 days (beginning on the day after the day you receive the goods), and you then have 14 days to return the items.

The timeframes meet the cancellation regs but linking the condition of the goods to the right of cancellation doesn't.

Unless they've provided other information regarding your right to cancel the cancellation period is extended, you have the right to notify them you are cancelling your contract and they must refund the original payment in full (excluding enhanced delivery), a deduction for diminished value isn't permitted, you'd probably be required to return the goods again.  

Looks like a another big retailer with unclear terms between their return policy and the consumer's right to cancel. 

I would follow their complaints procedure

https://zendesk.next.co.uk/hc/en-gb/articles/4407489973777

sheramber

They also claimed the tag was reattached which is ridiculous as it is attached by a pin so unable to tell if reattached or not.

Did you remove the tag?  You didn't say that you didn't remove it.

It could be possible to find pin holes in a garment where a tag was originally placed.  Holding it up to bright light could reveal a hole.

DullGreyGuy

sheramber said:

It could be possible to find pin holes in a garment where a tag was originally placed.  Holding it up to bright light could reveal a hole.

Or the use of the pin method is unusual and so the returns agent has just assumed it was previously attached properly and only reattached with a pin.


For somewhere with a nearby physical store I have to say personally I'd be going instore to complain about the issue rather than using a webform... if you arent the loudest person then get a mouthy friend along. Shops tend not to like other customers hearing about these sorts of issues with other customers around.

wendyjane

sheramber said:

They also claimed the tag was reattached which is ridiculous as it is attached by a pin so unable to tell if reattached or not.

Did you remove the tag?  You didn't say that you didn't remove it.

It could be possible to find pin holes in a garment where a tag was originally placed.  Holding it up to bright light could reveal a hole.

No I didnt remove the tag

wendyjane

DullGreyGuy said:

sheramber said:

It could be possible to find pin holes in a garment where a tag was originally placed.  Holding it up to bright light could reveal a hole.

Or the use of the pin method is unusual and so the returns agent has just assumed it was previously attached properly and only reattached with a pin.


For somewhere with a nearby physical store I have to say personally I'd be going instore to complain about the issue rather than using a webform... if you arent the loudest person then get a mouthy friend along. Shops tend not to like other customers hearing about these sorts of issues with other customers around.

The dress was a Fatface dress from Next and Fatface always use pins to attach tags.
The store say they do not deal with online orders

wendyjane

How the tag is attached