Very.co.uk - Missing delivery - Withholding Refund

mersa

Hi,

I'm looking for some advice, I was meant to have a delivery from Very that was meant to be delivered by yodel.

Skipping the buff and difficulty in actually getting to speak to someone.

I'm at a point where very as saying it "was delivered as per instructions", and have sent me a picture of a box on my door step... The delivery specifically stated it had to be signed for, ID shown, tracking number known and proof of address. The option to have it left on the door step or delivered too neighbour wasn't even selectable.

Got back in touch and they reopened the case and have said a 'Special investigator' will contact me to arrange a visit and to ask my neighbours for CCTV or ring doorbell footage. This could be Upto 2 weeks and they won't comment on refund time either.

I opened a dispute with PayPal, gave them all the details and very replies with a standard 'passed to investigation team' 

I can't get very to put anything in writing but on the call in they acknowledge that the delivery wasn't completed as instructed.


Sorry that was longer than I intended, there is more around getting conflicting information, not answering phone etc too.

Where do I stand on getting my money back? 

Alderbank

mersa said:

Where do I stand on getting my money back? 

Since you want your money back I assume you no longer wish to go ahead with the purchase.

You can tell Very that you are exercising your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. They should refund you in full within 14 days of telling them.

Very and Yodel can continue to discuss between themselves what Yodel have done with Very's stuff. Not your problem.

mersa

Alderbank said:

mersa said:

Where do I stand on getting my money back? 

Since you want your money back I assume you no longer wish to go ahead with the purchase.

You can tell Very that you are exercising your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. They should refund you in full within 14 days of telling them.

Very and Yodel can continue to discuss between themselves what Yodel have done with Very's stuff. Not your problem.

I want the item but Verys response to this has put me off ever giving them any money. even if they turned up tomorrow with it I'd be sending it back. I don't expect too tier service but atleast some willingness to help would of been nice! 

Thanks for that I'll quote that, annoyed I can't get something in writing to them, suspect they will ignore it

mersa

Alderbank said:

mersa said:

Where do I stand on getting my money back? 

Since you want your money back I assume you no longer wish to go ahead with the purchase.

You can tell Very that you are exercising your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. They should refund you in full within 14 days of telling them.

Very and Yodel can continue to discuss between themselves what Yodel have done with Very's stuff. Not your problem.

Very are claiming it was delivered and because of that it means the refund request in line with Regulations mentioned above done count.

Do you know where I stand with that in mind?  Very are saying I need to wait for an investigator to contact me then to come out and check for the item and neighbours for CCTV also.

It just feels wrong and they just seem to be delaying / avoiding giving me a refund.

They did say that the investigation result would be that item is found or refund issued. But could be another 3-4 weeks.

This is really getting to me, anxiety and stress are through the roof right now.

Okell

I'm not certain that suggesting you cancel the contrcat under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) was the correct approach in the circumstances...

Alderbank said:

mersa said:

Where do I stand on getting my money back? 

Since you want your money back I assume you no longer wish to go ahead with the purchase.

...You can tell Very that you are exercising your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. They should refund you in full within 14 days of telling them...

If you cancel the contrcat Very are obliged to refund you within 14 days of either (1) receiving the goods back from you or (2) you providing proof that you have sent the goods back to them.  But as you haven't actually received the goods in the first place, Very can't receive them back from you, and you cant provide proof of sending them back to Very, therefore I'm not sure they are obliged to refund you if you now try to cancel the contrcat

(AIUI, the bit in the regulations about refunding you within 14 days of you informing them that you are cancelling the contract does not apply to sales contrcats - which I assume yours is?)

I think you'd be better off quoting s29(2) of the Consumer Rights Act 2015 (legislation.gov.uk) to them.  That says that the seller remains responsible for the goods until they come into the consumer's "physical possession".  If Yodel simply left the goods unattended on your doorstep, then the goods were not delivered into your "physical possession", and they remained at Very's risk, not yours.  (Yodel even seem to have helpfully taken a photograph of the item on your doorstep demonstrating this.)

I'd suggest you go back to Very on this basis rather than trying to cancel the contrcat.  You're entitled to a full refund and Very can argue the toss with Yodel as to which of them bears the loss.