Consumer Rights Advice Required

pauln

Hi, 

I'd welcome advice on what my consumer rights are a dispute with Sports Direct.  To cut a long story short - they sent me an item which was a different size to the one I ordered which I returned.  However, they insist that I returned a different item not sold by Sports Direct so they haven't provided a refund. 

The email dialogue has been going on for about a month but they're sticking to their story.  Eventually, they said they were going to look at their warehouse CCTV when the package was opened but they're not referring to CCTV anymore and ignore my questions when I ask about it.

What are my consumer rights in terms of accessing the CCTV and getting a copy of all their internal correspondence relating to my claim.  I'd submit an FOI request if it was a public organisation but I'm not sure if something similar exists for a privately owned company.

My bank has since refunded me so it's not about the money but the principle now. I'd happily give the refund to charity if they'd admit their mistake and apologise for accusing me of dishonesty numerous times.

Thanks for any advice offered.

MattMattMattUK

pauln said:

Hi, 

I'd welcome advice on what my consumer rights are a dispute with Sports Direct.  To cut a long story short - they sent me an item which was a different size to the one I ordered which I returned.  However, they insist that I returned a different item not sold by Sports Direct so they haven't provided a refund. 

The email dialogue has been going on for about a month but they're sticking to their story.  Eventually, they said they were going to look at their warehouse CCTV when the package was opened but they're not referring to CCTV anymore and ignore my questions when I ask about it.

What are my consumer rights in terms of accessing the CCTV and getting a copy of all their internal correspondence relating to my claim.  I'd submit an FOI request if it was a public organisation but I'm not sure if something similar exists for a privately owned company.

You have no rights to the CCTV nor their internal correspondence, an FOI is not possible. You could submit a DSAR but they will only likely supply you with your emails to them and internal correspondence would not be supplied. 

pauln said:

My bank has since refunded me so it's not about the money but the principle now. I'd happily give the refund to charity if they'd admit their mistake and apologise for accusing me of dishonesty numerous times.

If your bank has refunded you (by either Chargeback or Section 75) then this is over, your consumer rights have ended as you have your money back. You cannot get refunded a second time and it being Sports Direct your chance of getting an apology is pretty much zero. 

pauln said:

Thanks for any advice offered.

You have your money back, the matter is resolved, move on.

Undervalued

pauln said:

Hi, 

I'd welcome advice on what my consumer rights are a dispute with Sports Direct.  To cut a long story short - they sent me an item which was a different size to the one I ordered which I returned.  However, they insist that I returned a different item not sold by Sports Direct so they haven't provided a refund. 

The email dialogue has been going on for about a month but they're sticking to their story.  Eventually, they said they were going to look at their warehouse CCTV when the package was opened but they're not referring to CCTV anymore and ignore my questions when I ask about it.

What are my consumer rights in terms of accessing the CCTV and getting a copy of all their internal correspondence relating to my claim.  I'd submit an FOI request if it was a public organisation but I'm not sure if something similar exists for a privately owned company.

My bank has since refunded me so it's not about the money but the principle now. I'd happily give the refund to charity if they'd admit their mistake and apologise for accusing me of dishonesty numerous times.

Thanks for any advice offered.

Frankly, an apology from a large organisation has little if any meaning and principles can be time consuming and sometimes expensive things! 

You could make a Subject Access Request for any data they hold about you, although realistically it is very difficult to successfully force them to send you anything they feel inclined to "lose". As you say FOI does not apply here.

Honestly? I'd move on and buy elsewhere in future.

Okell

AFAIK you have no consumer rights to see their CCTV.

I suppose that if you'd got so far as to issue a court claim against then at some point both you and they would heve to disclose to the opposing party what evidence they intended to rely on.  But you've no right to see it before then.

However, as your bank has refunded you it's a moot point as you can't take it any further...

(Well I say you can't take it any further but if it's a chargeback you might need to.  AIUI chargebacks can be challenged by the trader within 45(?) days and if they do so the bank will reverse it.  If that happens you might want to take it further with Sports Direct.   And even if they don't challenge it with the bank, SD might decide to pursue you through the courts and then you will see their evidence.  But it's extrememly rare for a trader to go down that route as it's more hassle for them than it's worth)

pauln

MattMattMattUK said:

pauln said:

Hi, 

I'd welcome advice on what my consumer rights are a dispute with Sports Direct.  To cut a long story short - they sent me an item which was a different size to the one I ordered which I returned.  However, they insist that I returned a different item not sold by Sports Direct so they haven't provided a refund. 

The email dialogue has been going on for about a month but they're sticking to their story.  Eventually, they said they were going to look at their warehouse CCTV when the package was opened but they're not referring to CCTV anymore and ignore my questions when I ask about it.

What are my consumer rights in terms of accessing the CCTV and getting a copy of all their internal correspondence relating to my claim.  I'd submit an FOI request if it was a public organisation but I'm not sure if something similar exists for a privately owned company.

You have no rights to the CCTV nor their internal correspondence, an FOI is not possible. You could submit a DSAR but they will only likely supply you with your emails to them and internal correspondence would not be supplied. 

pauln said:

My bank has since refunded me so it's not about the money but the principle now. I'd happily give the refund to charity if they'd admit their mistake and apologise for accusing me of dishonesty numerous times.

If your bank has refunded you (by either Chargeback or Section 75) then this is over, your consumer rights have ended as you have your money back. You cannot get refunded a second time and it being Sports Direct your chance of getting an apology is pretty much zero. 

pauln said:

Thanks for any advice offered.

You have your money back, the matter is resolved, move on.

MattMattMattUK said:

pauln said:

Hi, 

I'd welcome advice on what my consumer rights are a dispute with Sports Direct.  To cut a long story short - they sent me an item which was a different size to the one I ordered which I returned.  However, they insist that I returned a different item not sold by Sports Direct so they haven't provided a refund. 

The email dialogue has been going on for about a month but they're sticking to their story.  Eventually, they said they were going to look at their warehouse CCTV when the package was opened but they're not referring to CCTV anymore and ignore my questions when I ask about it.

What are my consumer rights in terms of accessing the CCTV and getting a copy of all their internal correspondence relating to my claim.  I'd submit an FOI request if it was a public organisation but I'm not sure if something similar exists for a privately owned company.

You have no rights to the CCTV nor their internal correspondence, an FOI is not possible. You could submit a DSAR but they will only likely supply you with your emails to them and internal correspondence would not be supplied. 

pauln said:

My bank has since refunded me so it's not about the money but the principle now. I'd happily give the refund to charity if they'd admit their mistake and apologise for accusing me of dishonesty numerous times.

If your bank has refunded you (by either Chargeback or Section 75) then this is over, your consumer rights have ended as you have your money back. You cannot get refunded a second time and it being Sports Direct your chance of getting an apology is pretty much zero. 

pauln said:

Thanks for any advice offered.

You have your money back, the matter is resolved, move on.

It's hard to move on when you know you're right.  I think I'll get one of the media consumer champions involved as they shouldn't be able to operate like this and get away with it

eskbanker

pauln said:

It's hard to move on when you know you're right.  I think I'll get one of the media consumer champions involved as they shouldn't be able to operate like this and get away with it

Good luck with that - spend some time browsing this board and you'll find that (a) it's not uncommon for retailers to assert that returns have been substituted and (b) Sports Direct have an atrocious reputation anyway, so the prospect of getting such folk interested is pretty remote when it's a far from remarkable story.  That's not to say that it's right of course, just that it's not unusual....

Aylesbury_Duck

Quite.  'Sports Direct - Poor Customer Service Exposed' is unlikely to be a major scoop.  The only way of influencing the business is to spend elsewhere.

pauln

Thanks all.  SD now saying they've watched the CCTV and can see that the item returned is "a light colour" whereas the item I purchased was dark grey.  I'm not giving this up as I definitely returned the correct item so it's either SD or the courier who are at fault here and SD are saying that the courier has closed the case so they're not doing anymore themselves.  Just written to the CEO at SD. I'm not giving this up and I'm continuing to fight for the common man!!! (and everyone else as well)

born_again

Okell said:

(Well I say you can't take it any further but if it's a chargeback you might need to.  AIUI chargebacks can be challenged by the trader within 45 days and if they do so the bank will reverse it.  If that happens you might want to take it further with Sports Direct.   And even if they don't challenge it with the bank, SD might decide to pursue you through the courts and then you will see their evidence.  But it's extrememly rare for a trader to go down that route as it's more hassle for them than it's worth)

Correct.

It's sit back & wait time.
While retailer has 45 days to contest, it can take bank longer to inform you that they have.

Phoenix72

pauln said:

Thanks all.  SD now saying they've watched the CCTV and can see that the item returned is "a light colour" whereas the item I purchased was dark grey.  I'm not giving this up as I definitely returned the correct item so it's either SD or the courier who are at fault here and SD are saying that the courier has closed the case so they're not doing anymore themselves.  Just written to the CEO at SD. I'm not giving this up and I'm continuing to fight for the common man!!! (and everyone else as well)

What outcome are you expecting here that you are 'not giving this up'. Would it really make you feel better if you got some sort of apology to make you go away.

You're not fighting for the common man, more like a dog with a bone.

Not saying SD are not in the wrong but the effort isn't worth the outcome.

Okell

Phoenix72 said:

pauln said:

Thanks all.  SD now saying they've watched the CCTV and can see that the item returned is "a light colour" whereas the item I purchased was dark grey.  I'm not giving this up as I definitely returned the correct item so it's either SD or the courier who are at fault here and SD are saying that the courier has closed the case so they're not doing anymore themselves.  Just written to the CEO at SD. I'm not giving this up and I'm continuing to fight for the common man!!! (and everyone else as well)

What outcome are you expecting here that you are 'not giving this up'. Would it really make you feel better if you got some sort of apology to make you go away.

You're not fighting for the common man, more like a dog with a bone.

Not saying SD are not in the wrong but the effort isn't worth the outcome.

This ^^^^^

@pauln -  you've already had your refund from the bank.  (And hopefully SD won't challenge it)

Your chances of getting any apology at all from SD are probably less than 10%, and your chances of getting a meaningful and sincere apology that won't upset you even more are close to zero.

It's not worth the effort