I think this company is in the wrong?

Hopingtoresolve

Wondering if anyone can help!

My mum bought a mobility aid (off the shelf/not bespoke) from an online company but it wasn’t suitable so she returned it. It was new and un-used and my mum paid for the courier to return it. The company confirmed they’d received it and that it was in new condition. When they finally issued a refund (35 days later), they’d deducted £70 which they say is how much it cost them to courier it to my dad originally.

As far as I can see, Consumer Contracts Regulations say that a full refund including original postage should be given, assuming the product is un-used.

Disputed with company and they just ignored me. So my mum requested a chargeback for the £70 with her visa credit card. The company has 30 days to respond to Visa, however they have emailed my mum and said if she doesn’t contact he credit card company and remove the chargeback immediately, they will pursue legal action.

I feel my mum is in the right and is protected by CCR. And basically we just need to let Visa review all the evidence and they can decide. If Visa rules against the company, the small claims court isn’t going to give them the time of day, but it’s not a nice position to be in. 

Am I right in thinking that a full refund should have been given?

DullGreyGuy

They need to reimburse the standard cost of delivery, if you paid for an expedited or enhanced delivery they are entitled to retain the difference between the two. This assumes they are based in the UK

The chargeback process is relatively crude and in no way legally binding. There are plenty of examples of declined chargebacks that were successfully won in court and won chargebacks that the retailer subsequently successfully sued for. 

The retailer is perfectly entitled to sue, as anyone can sue anyone, but that doesn't mean they will nor that they've a snowballs chance in hell of succeeding. 

sheramber

Did she return within 14 days of receiving it?

iWho is the company?

Hopingtoresolve

Yes she returned it 7 days later. 

PHK

Did she return explicitly cancelling the sale or using the retailers returns policy  

born_again

Hopingtoresolve said:

Wondering if anyone can help!

My mum bought a mobility aid (off the shelf/not bespoke) from an online company but it wasn’t suitable so she returned it. It was new and un-used and my mum paid for the courier to return it. The company confirmed they’d received it and that it was in new condition. When they finally issued a refund (35 days later), they’d deducted £70 which they say is how much it cost them to courier it to my dad originally.

As far as I can see, Consumer Contracts Regulations say that a full refund including original postage should be given, assuming the product is un-used.

Disputed with company and they just ignored me. So my mum requested a chargeback for the £70 with her visa credit card. The company has 30 days to respond to Visa, however they have emailed my mum and said if she doesn’t contact he credit card company and remove the chargeback immediately, they will pursue legal action.

I feel my mum is in the right and is protected by CCR. And basically we just need to let Visa review all the evidence and they can decide. If Visa rules against the company, the small claims court isn’t going to give them the time of day, but it’s not a nice position to be in. 

Am I right in thinking that a full refund should have been given?

Retailer has 45 days.
Customer can not withdraw a chargeback once started.
Retailer can reject it, but do have the right to go to court if they do not. Chargebacks have no legal standing. So going to court is a whole new ball game.
Interesting to see what the basis for the chargeback is.

marcia_

 The likelihood of them taking her to Court over £70 is slim imao 

Hopingtoresolve

PHK said:

Did she return explicitly cancelling the sale or using the retailers returns policy  

She used the retailers returns policy which states the customer has to pay return postage/courier costs. But there was nothing in the policy about them deducting their costs from the refund. They asked for photos and then said yes they would accept the return. They confirmed they’d received it and would issue a refund. But when it came through it was minus that amount.