Online shopping order from Very, empty packaging without contents

polaristar

Hi everyone, hoping someone can help.

My partner ordered a phone (without utilising “buy now pay later”, so interest accrues daily) from Very on the 24th November. The phone cost £2099 and he had to pay postage and packing of £5.99.

On the 30th November, the empty packaging was delivered, without the phone inside, sealed inside a “our sincere apologies” bag from Royal Mail.

I spoke to Very and they asked me to return the empty packaging and a refund will be given within 14 days.

Posted the packaging back on the 3rd December. Very received it on the 6th December. It’s 14 days today and still no sign of a credit to his account.

Very are expecting a minimum payment of roughly £150 by the 24th December.

I’m wondering a few things…

- If he isn’t credited before the 24th, does he still have to make a payment, even though the goods have not been delivered?

- If he doesn’t make a payment, and Very start adding charges, interest, defaults etc, is there a way to challenge this?

- Should Very refund the postage and packing also?

I’m just wondering where he stands legally as it seems very unfair to have to pay for goods that haven’t been delivered.

Thanks in advance.

Ergates

In the first instance I would suggest contacting Very to speak to them about this.  Explain the situation and see what they say.

In terms of your *rights* then as you've not received the item you ordered then you should either get a replacement or a refund.  They should refund (or replace) quickly - which would include cancelling any pending additional payments - which should be done within 14 days.  Which hasn't happened.

There are channels to get markers etc removed from credit files.  However, it can be a hassle, and would be a complex situation anyway.  If the contract hasn't been cancelled by the 24th, then technically they're be in their rights to claim non-payment, even if they were subsequently going to cancel the contract and refund you.

Regardless of what he legally *has* to do - it *might* be easier, in the long term, to make the payment if they're asking for one, as otherwise you might then have the hassle of trying to get them to remove a non-payment marker from your credit file etc.   However, the risk then is that if Very fight the refund (e.g. they don't believe the phone went missing in transit) then that's more of your money you have to fight to get back.

Very should refund your postage.

polaristar

Ergates said:

In the first instance I would suggest contacting Very to speak to them about this.  Explain the situation and see what they say.

In terms of your *rights* then as you've not received the item you ordered then you should either get a replacement or a refund.  They should refund (or replace) quickly - which would include cancelling any pending additional payments - which should be done within 14 days.  Which hasn't happened.

There are channels to get markers etc removed from credit files.  However, it can be a hassle, and would be a complex situation anyway.  If the contract hasn't been cancelled by the 24th, then technically they're be in their rights to claim non-payment, even if they were subsequently going to cancel the contract and refund you.

Regardless of what he legally *has* to do - it *might* be easier, in the long term, to make the payment if they're asking for one, as otherwise you might then have the hassle of trying to get them to remove a non-payment marker from your credit file etc.   However, the risk then is that if Very fight the refund (e.g. they don't believe the phone went missing in transit) then that's more of your money you have to fight to get back.

Very should refund your postage.

Thanks very much for all your advice. Do you know where he would stand with the interest? As interest will be applied on the next statement.

the_lunatic_is_in_my_head

Hello OP

If this is a Very credit account, official complaints info is here:

https://www.very.co.uk/assets/static/very-help-pages/FS2135-SDFC-Complaints-Leaflet-v1.pdf