Declined refund

Promproblem

I bought a prom dress for my daughter for £136 on line.  It was standard fitting which offered at 14 day return. When it arrived it didn't fit or sit right.  I spent 7 days trying to arrange the return, eventually they said they would send a second dress for £30 on their expedited service, and I could then sell on the other dress.  I said I would accept this so long as it arrived by 21st June for the prom....they said it would be and would be dispatched on the 15th.  They did not dispatch the 2nd dress until the 18th so it didn't arrive until the 23rd, meaning I had to go and purchase a 3rd dress.  I contacted the supplier who tried to give me a £40 credit for both dresses and I keep the dresses.  I said this was not acceptable as I am now so far out of pocket and asked for the return address and credit.  They tried to put me off saying returns  old get lost and then they wouldn't refund me the money and then said if I returned the dresses they would only refund 70%, 30% to cover return charges.  I contacted my credit card company to claim the refund but they say as I accepted the 2nd dress as compensation (even though it was late) if they refunded me the supplier would claim the money back. Is there anywhere I can get a second opinion? 

WillPS

Raise a complaint with your credit card issuer, and then onwards to the FOS.

Probably worth making clear the list of broken promises on the part of the supplier, the suppliers many attempts to frustrate return and that you have absolutely no problem with the supplier having their rubbish dresses back.

born_again

Got a link to the website?

Odds on it's Chinese, given the description.

But CC are right as you took up the offer on a replacement. There is no chargeback right on that transaction.

DullGreyGuy

born_again said:

But CC are right as you took up the offer on a replacement. There is no chargeback right on that transaction.

Make any difference that they conditionally accepted the replacement and that condition wasnt met?

WillPS

DullGreyGuy said:

born_again said:

But CC are right as you took up the offer on a replacement. There is no chargeback right on that transaction.

Make any difference that they conditionally accepted the replacement and that condition wasnt met?

Yes it absolutely does, IMO.

OP needs to make this clear in their complaint. An offer alone does not render the card issuer's obligations null and void - it must be accepted and fulfilled, which it was not.

I strongly suspect credit card issuer will yield when an official complaint goes in with this made clear.

Promproblem

I am posting here for the first time so hopefully you can get this reply..u did explain to the cc co that they hadn't fulfilled their contact with the replacement dress as they said it would be dispatched on the 15th to arrive on time and I have all the emails with me chasing them and even offered to collect from the airline directly as it cleared customs and took 3 days longer to reach the delivery agent but the cc Co said as it was delivered,  even though it was late they had held up their replacement offer rather than do the original refund as requested.  Do you know who I can complain to about the cc decision? Any help gratefully recieved as I've spent so much on dresses now that I really cannot afford to lose. 

User_101122

I would raise a formal to your credit card company.  This is a straight forward case of breach of contract.  The goods they supplied were not fit for purpose and they failed to send the repayment goods in time.

Get back in touch with your credit card company and kick up a stink and raise a formal complaint.  I would also be asking for some compensation for the inconvenience of having to raise a complaint instead of it being resolved at the first instance.

If your complaint fails you then have the following options

1)The Financial Ombudsman - a free but slow service which will take months to resolve .

2)Small claims court against the bank - you can file your claim online and pay the fee, however there isn’t a cat in hells chance that your bank would attempt to defend a county court claim for £136.  They’re highly likely to just cave in and refund you at this point.

Promproblem

Thanks for your help.  I will try raising a complaint with my bank and then the fo if that doesn't work.