Getting a refund. Escalation

frankiesowner

I bought a printer cartridge from Brother on line store on 13 March 2024. However it became clear the issue wasn't the toner but the printer. So I needed to return the cartridge (£52) unopened, unused, in original packaging. According to the Brother website I was well within the time period and all I needed to do was provide a few bits of info and they would issue an RMA to return the item.
I contacted them by phone on 15 March (3 diff phone calls) and through their online 'chat' support line, the latter telling me the issue would be 'escalated' as a ticket and I would hear within 24hrs. I've heard nothing. I then used the chat again two days ago and again was told I would hear from them - nothing. I have since written to their UK address using a proof of delivery - but am not holding my breath.
It seems Brother are going to prevaricate over this, presumably in the hope I'll go away? If they continue to refuse to respond how do I escalate?

SiliconChip

How did you pay? If you used a card you may be able to request a Chargeback, if it was Paypal then they may have a process you can use in this situation.

frankiesowner

SiliconChip said:

How did you pay? If you used a card you may be able to request a Chargeback, if it was Paypal then they may have a process you can use in this situation.

Thanks. I paid by credit card. I'll look at the 'chargeback' approach - but I think at the moment I'm stuck in the 'returning an item' phase.  It's not like Brother haven't sent me the cartridge.

Okell

Rather than go straight down the chargeback (or s75) route, it's usually better to try to sort it out with the retailer first.

You "bought" the goods on 13 March, but when did you actually take delivery of them?

If this is an online purchase and the seller is based in the UK then The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) gives you the statutory right to cancel and return a distance contract for a full refund.  It doesn't matter what Brother's return policy says.

But in order to exercise that right you must clearly inform the seller - within 14 days of delivery - that you are cancelling the contract and you must return the goods within 14 days of telling the seller that you are cancelling.  So long as you do that, you are legally entitled to a full refund.  If you go through those steps with Brother you'll find it easier to do a chargeback from your bank if Brother won't play ball.

If you haven't already done so you have up to 14 days after the goods were delivered to you to inform Brother that you are cancelling the contrcat.  As today is the 27 March you need to act quickly.  If you have already cancelled the contract, remind Brother of their statutory obligations.

They should refund you without undue delay, but no later than 14 days after either (a) they've received the goods back, or (b) you've provided eveidence to them that you've sent the goods back

Only after all that go to your bank for a chargeback

If you don't want to exercise your statutory rights and prefer to rely on Brother's own reurns policy, it depends what the terms of that policy say...

sheramber

Do you still have the item and have been unable to get the RMA to allow you to return it?

eskbanker

Okell said:

Rather than go straight down the chargeback (or s75) route, it's usually better to try to sort it out with the retailer first.

S75 isn't an option here anyway, due to the item value being below £100....

Okell

I may not have been clear.  That's why the brackets are there.  (It was intended as a general comment where people may have both routes open to them.  Not specific to this thread)

frankiesowner

Thankyou for the responses. Just to clarify a few points based on the comments made so far:
- The item was purchased (online using credit card) on 13 March and delivered next day (14 March)
- I contacted Brother on the 15 March to ask for an RMA to return for a refund
- I still have the item
- Their website states:-

•  As long as an item is still in its original condition, we accept returns for free

• If you return an item requesting a refund within 28 days of the item being delivered to you, we'll give you a full refund by way of the original payment method. We will bear the costs of returns and collections.

• Please contact our Customer Agents using our Live Chat Service or Telephone, the details are available on our website. Our Agent will check a few things with you and issue an RMA Number (Returns Materials Authorisation Number)

I still have the item. Brother have acknowledged my contact by phone and through their 'live chat'. I have written a tracked delivery letter to them. So far they have not responded.

PHK

You need to follow @Okell advice about your consumer rights. You are not requesting a refund under their returns policy. You are cancelling the contract as your consumer rights allow. 

frankiesowner

If you thought this had gone away then think again! After further discussions with Brother and follow up 'webchats' they finally got round to issuing an RMA and a 'label' to send the item back to. Fair enough you'd think?  So I posted the item, in April, as instructed and I know from Royal Mail tracking it was delivered to the address. But no refund. After another month of emails that aren't replied to I contact their support again.  Even though I've given them the return ticket number - that they issued - they can't reference my case and have asked for all the info all over again.  It would be easy to think they are stalling. I've let them know I'm following up on the chargeback process as suggested above . Will see how that works.