Trying to deduct money from a refund. I don't think this is legal!

Manyquestionstoday

Hi everyone
Newbie here!

A few weeks back my dad bought a mobility scooter from an online company. I checked their Trust Pilot reviews up front and they seemed ok so we purchased it on a credit card (for extra protection).

As soon as the scooter arrived my dad realised (without even opening the box) that it would be too heavy and so we emailed the company and said it wouldn't be suitable and would need to return it (this was on day 3 of our 14 day right to return). The company said we would need to pay for return postage so we organised a courier and the scooter was returned promptly (at a cost of £72!). So more than 14 days passed since they took receipt of the scooter and my dad had not received a refund. I contacted the company and asked politely when the refund would be coming and just got a one sentence reply which said 'Have you received the inspection report?' 

The inspection report then arrived and it basically just said the scooter was returned new and in the box and that a refund would be issued 'minus postage'. When we originally bought the scooter, it was clearly advertised as being free postage as it was a purchase of over £100. I queried this and then got a garbled response which didn't make much sense saying that because we had returned the scooter and thus 'nulled the contract' (whatever that means), they were entitled to deduct the cost of what it originally cost them to courier to us, from the refund. This doesn't make any sense to me as we purchased it clearly advertised with 'free postage'.

I checked the Ts and Cs on their website and there is a returns policy on there but absolutely no mention of them being able to reclaim their original postage costs should you return the item. I queried this and again just got a nonsensical response from them saying 'I'd nulled the contract’ and therefore they could deduct their costs from the refund'. As far as I know they are legally obliged to refund the full amount with 14 days of receipt of the returned items and we're now getting on to 20 days and still no sign.

Thankfully it was purchased on a credit card so I think we will just probably go the chargeback option however, I just wondered if anyone knew about this area of the law. Are there any grounds on which they can deduct their original postage costs, bearing in mind it was a) advertised as 'free postage' and b) there's nothing in their Ts and Cs about this? 

Thank you!

p.s I have since found a bunch of angry/outraged reviews on another review site about the same company. Apparently they have form for delaying refunds and trying to deduct money. Gutted I didn't see this before purchase.

PHK

If you made it clear that you were exercising your right to  cancel rather than eg asking to return under a returns policy then they would only be able to keep delivery costs if you'd elected to use a delivery service  that wasn't their normal service. I'm sure this is intended to cover situations when you pay more for express delivery rather than free delivery but I'm not aware of this being tested.

So its going to come down to what was in the email you sent.

Manyquestionstoday

I just asked to return the item as it wasn't suitable and they replied with their address and advised we would need to provide a tracking/shipment number (which we did).

There's nothing in their returns policy about them being able to deduct an amount for their original shipping. I feel that if it was in the returns policy, then fair enough but there's nothing there.

I have just asked for another update on the refund and they say it hasn't been processed yet but is 'with the relevant department'. I reckon (judging by their reviews) that we've engaged with a very dodgy company who are stalling on refunds or attempting to deduct money from refunds without the right to do so. I think we are just going to ask for a chargeback via the credit card company. 

PHK

The advice on gov.uk is that you should clearly tell the retailer that you are cancelling the contract (rather than returning the goods for another reason)

Depending what you wrote that may have been clear.

I think you need to do two things.

 Email them saying that as you cancelled the order and the goods were not diminished in value then they had 14 days from the  point they received the return to refund you. You therefore expect to received a refund in the next seven days (specify the date) if they don't do this then take your 'paperwork' to citizens advice for help enforcing your rights. You could try a chargeback but might take longer.

Secondly, stop looking at reviews of the company that won't get you anywhere. Concentrate on getting a refund.