Return refused despite item being in perfect condition

the_lunatic_is_in_my_head

barkbarkr said:

@the_lunatic_is_in_my_head , do you think me trying something something for sizing as it appeared too big for one minute consistute worn?  

No but the point is with cancellation under your rights it would simply prevent them outright refusing a refund. 

They might reduce the refund but cross that bridge if you come it  

barkbarkr

So i guess the next thing is to confirm that I can still cancel an order even if i have had a refund refused. I can't find anything online about this, does anyone know

the_lunatic_is_in_my_head

barkbarkr said:

So i guess the next thing is to confirm that I can still cancel an order even if i have had a refund refused. I can't find anything online about this, does anyone know

OP you can just email them to very simply say:

"Regarding order xxx I am exercising my right to cancel in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013" 

and then send the item back for the 2nd time, once sent provide them with proof of return via email. For £479 I'd send it Special Delivery with Royal Mail:

https://send.royalmail.com/send

If they haven't refunded you within 14 days of providing the proof send a letter before (templates on Google) to their head office address.

Alderbank

Ergates said:

barkbarkr said:

Is my right to cancel affected by how i have already tried to return and they have refused the return? 

The clock stops when you inform them that you're returning the item.

The clock stops when you inform them that you're cancelling the contract. They are not the same and the difference matters. 
For example, it is quite common to return an item without cancelling the contract when you doing an exchange or you are sending it back for repair.

Even if Flannels have fully complied with everything required by CCR regs, the OP has 14 days starting when they received the jacket on 2 Jan, so plenty of time left.

OP, for the avoidance of any doubt, email Flannels with the clear statement that you are exercising your right to cancel in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as advised by @the_lunatic_is_in_my_head above.

roytom2

Is Flannels a sub division of a very large retail group?
Did you have to pay the return postage or did the seller provide a pre-paid returns label? If you had to pay the postage yourself and have to pay again to return it  I'd definitely be pursuing them for a refund of the first postage you paid.

barkbarkr

@roytom2 yes it is a subdivion of fraser group which owns sports direct etc. the seller provided a pre-paid returns label

Tinkerbelle1407

barkbarkr said:

Flannels UK company has refused my return of a perfect item because they claim it has been 'worn, damaged or washed'. I did not do any of the three to the item. I returned it in its perfect state after trying it on inside for 1 minute and finding out it was too large. I returned it the very next morning after the evening I received it. They have returned the jacket back to be refusing a refund but the jacket is in perfect condition. Do I have any rights? My right to cancel is still valid as I received the order thursday 2nd January. Please help ! It was very expensive £479 and I think it is unfair that they can refuse this when the jacket is in perfect condition with tags attached

I have had this exact same issue!!! We bought my son a CP Company coat for Christmas from Flannels. He tried it on Xmas morning for a few minutes and was too small. I packaged it back up as it came and took it to Flannels store on the 27th December, to be told it had to be retuned online as that’s how I purchased it- my error, didn’t read the email properly. So I did the reruns online and posted it off. We then had an email saying it was being returned as wasn’t in accordance with their returns policy, and that an attachment on the email would give the reason why!!! There was no attachment on the email. I did the online chat function on the flannels website as it seemed an impossible task to find any customer service phone number except for head office in London which just rang out!! The lady on the chat eventually told me the reason was it was in a ‘unsaleable condition’ due to being washed!!!! She then continued on to say the decision was made by the warehouse staff and could not be over turned!! It has not been washed or tampered with in any way!! It arrived back to us the next day, I was a little concerned as to how it would arrive back to us being told in was in an unsaleable condition!! Worries that somebody had tampered with it, but no, it arrived back in the same brand new condition I returned it in!!! Then I googled issues with flannels and your comment came up. 

I did send an email 3 days ago telling them it had not been washed and that I want it returned and refunded but have not heard back as of yet. 

Have you sent it back again for a 2nd time? I have read the comments on this post and I’m unsure what to do? Thanks

Okell

@Tinkerbelle1407 -  presumably you are well past 14 days after delivery to you?  If so it is probably too late to try to exercise your statutory right to cancel a distance contract*.

If that's the case your best bet is simply to persist in arguing the point with Flannels that obviously the coat has been worn to try it on for size, but equally obviously it hasn't been washed either. 

If you originally returned the coat within 14 days of delivery you could also try arguing that in doing so you were exercising your statutory right to cancel a distance contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but under those regulations you are meant to expressly tell the retailer that that is what you are doing.  Sounds like you didn't do that and simply returned the coat?

Apart from advising you to persist with Flannels I'm not sure what else you can do...

[NB  -  Did you buy with a credit card?  If so, what was the price?]

Top tip:  In future, when returning a distance purchase, always tell the seller that you are exercising your statutory right to cancel a distance contract under para 29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and not the seller's own returns policy, UNLESS the seller's own returns policy is more favourable to you than the regulations.



*  The 14 days cancellation period might be extended if Flannels didn't provide certain information to you about your right to cancel a distance contract. 



[Edit:  looks like their online T&Cs are compliant with the regulations, so if you are outside 14 days you are too late to exercise the statutory right to cancel:  DELIVERY AND RETURNS : Flannels

"Cancellation period for online purchases

In addition to your statutory rights (whereby you have 14 days from the date of delivery of your purchase(s) to notify us of a cancellation, followed by 14 days from the date of notification to return the unwanted purchase(s)), you have 28 days from the day after your items are delivered (or someone receives the items for you) or you collect your online purchase items from one of our stores (UK Mainland only) to change your mind and return the items back to us.

If your order consists of multiple items or parts which are delivered on different days, then the cancellation period (in respect of your whole order) ends on the day 28 days after the day on which the last of the items or parts are delivered to you (or a person you have nominated to receive the order)

If your order contains items shipped to you by one of our direct suppliers, the cancellation period may differ, please see the dropship /marketplace terms. 

For all valid items returned within the cancellation period, you may notify us that you are cancelling your order but you do not have to. If you choose to do this, please contact us here or write to us by post at: 

Unit B, 
Brook Park East, 
Meadow Lane, 
Shirebrook, 
NG20 8RY

Please give us a clear statement that you would like to cancel which includes your name, address, details of the order you wish to cancel and some contact information such as a telephone number or email address.]

barkbarkr

@Tinkerbelle1407 - It is reassuring yet worrying to hear you are in the same situation... I emailed them this morning with my notice of cancellation with the format of a letter that I found on citizens advice. I am waiting for a response, but have not got anything from then. I am going to post the jacket back to them via tracked royal mail with the letter of cancellation inside of it aswell. If they do not respond to my letter of cancellation I assume I will have to issue a letter before action? I think if you are past the 14 days of delivery you could do a complaint via resolver?

Okell

barkbarkr said:

@Tinkerbelle1407 - It is reassuring yet worrying to hear you are in the same situation... I emailed them this morning with my notice of cancellation with the format of a letter that I found on citizens advice. I am waiting for a response, but have not got anything from then. I am going to post the jacket back to them via tracked royal mail with the letter of cancellation inside of it aswell. If they do not respond to my letter of cancellation I assume I will have to issue a letter before action? I think if you are past the 14 days of delivery you could do a complaint via resolver?

@barkbarkr -  Out of curiosity can you give the text of your CAB letter or give a link to it?  I'd like to see the wording.

There's no point @Tinkerbelle1407 complaining to Resolver as they don't do anything.  They basically just relay messages between the consumer and the retailer.  That's it.  They don't help or give advice.

If Tinkerbelle paid by credit card and the coat was over £100 they could try disputing with their card provider.  But if they didn't pay by credit card I don't think they have any options other than those I've suggested.

Top tip:  When buying stuff online it's important that consumers understand their statutory right to cancel a distance sale and don't just rely on a seller's own returns policy.  Consumers also need to know how to exercise that right.  It's all contained in part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Also this MSE link is over 10 years old but seems accurate  New consumer rights laws: What they mean for you

MSE ought to make this more prominent...