Return refused despite item being in perfect condition

barkbarkr

@Okell
It won’t let me post links since I haven’t been around long enough. It if you google citizens advice link for letter of cancellation for online order it comes up! 

Okell

From here?   Letter to cancel goods or services bought at home or in a public place - Citizens Advice

That covers it.  Might be some confusion because you've already tried to return it once and they sent it back to you.

In theory, because you are still within 14 days of original delivery to you, you should still be able to exercise your right to cancel - in theory they can't refuse you exercising that right.  What they might do is reduce your refund for "excessive handling", but as the lunatic said, you can cross that bridge when you come to it.

Good luck

Tinkerbelle1407

I didn’t pay by credit card unfortunately, and the coat was £350. Thanks for your advice guys 

Tinkerbelle1407

@Okell I bought the coat online 2nd December, but the extended returns for Xmas was until 5th January. So it’s gone past the 14days after delivery, but sent it back writhing the extended returns for Xmas. I returned it on 28th December, so within the extended returns date. They sent it back to us and it arrived on the 5th January, which was the last day of the returns date. 

I might take it to a flannels shop to get the opinion of a store manager as it’s obvious that it’s brand new. They also sent it back in a clear plastic bag, not even in the large flannels dust cover that it originally came in. I took photos of it when it arrived minus the dust bag too 

Tinkerbelle1407

I’ve looked at the template for ‘letter to cancel goods’ but as it says 14 days cancellation period I’m not sure what to put instead. After Xmas day it was returned quickly and within the extended return date, but not after 14 days of delivery as it was deliver on dec 6th. They still haven’t replied to our original email asking what the reason was for return as no attachment was on the email. 
I have just looked on trust pilot and it seems there’s quite a few in the same situation! 

I guess they knew people would buy early for Xmas presents and that the original ‘14 day’ cancellation term would t be applicable to a lot of orders! So frustrating 😣

Okell

@Tinkerbelle1407

You need to forget the 14 day cancellation of a distance contract under the legislation.  That (and the CAB letter) don't apply to you as you were outside that window when you first returned the coat to Flannels.

So long as you were within Flannels extended window for their own returns policy, I think all you can do is persist with them that yes, the coat was tried on for size, but no, it was not washed and they are wrong.  You'd have to argue with them that you did return the coat within their extended window, but that they wrongly rejected your return and that they should accept it now, even though you are technically out of time now.  You returned it within time on the first occasion.

If you can get a friendly Flannels instore manager to agree with you (or better still give you a refund?) I'm sure that would help your case.

Apart from that I don't know what else you can do...

barkbarkr

@Tinkerbelle1407 - i had the exact same thing with packaging. they did not return the packaing in the clear cling film esq jacket packaging that i had originally recieved it in. instead they returned it in a  plastic bag.. 

Tinkerbelle1407

@barkbarkr just an update, I emailed the customer service again, a very long one!! Explaining how they were wrong, it had not been washed, asking how they came to this conclusion, and stating that after reading their terms and conditions I was following protocol - sending back a brand new coat, in the original packaging, with all labels in tact - and that they had not stuck to their end of the agreement by refunding me for the product. I then received an email asking for photos of the coat now, I sent them to her. She got back to me apologizing and advising that she had disagreed with the warehouse team, and has sent me a free returns label!!! However, I’m still skeptical as to whether they will come up with another issue. We will see I guess!! 

I also wrote that after looking on the latest trust pilot reviews there was quite a few with same issue!!! 

Hope you get your refund too 🤞🏻

Okell

Tinkerbelle1407 said:

... I emailed the customer service again, a very long one!! Explaining how they were wrong, it had not been washed, asking how they came to this conclusion, and stating that after reading their terms and conditions I was following protocol - sending back a brand new coat, in the original packaging, with all labels in tact - and that they had not stuck to their end of the agreement by refunding me for the product. I then received an email asking for photos of the coat now, I sent them to her. She got back to me apologizing and advising that she had disagreed with the warehouse team, and has sent me a free returns label!!! However, I’m still skeptical as to whether they will come up with another issue. We will see I guess!! ... 🤞🏻

Well done.  I think that's a good approach.

Always a good idea to point out that you have followed their returns process and they aren't playing ball.

Good luck!

Tinkerbelle1407

Okell said:

Tinkerbelle1407 said:

... I emailed the customer service again, a very long one!! Explaining how they were wrong, it had not been washed, asking how they came to this conclusion, and stating that after reading their terms and conditions I was following protocol - sending back a brand new coat, in the original packaging, with all labels in tact - and that they had not stuck to their end of the agreement by refunding me for the product. I then received an email asking for photos of the coat now, I sent them to her. She got back to me apologizing and advising that she had disagreed with the warehouse team, and has sent me a free returns label!!! However, I’m still skeptical as to whether they will come up with another issue. We will see I guess!! ... 🤞🏻

Well done.  I think that's a good approach.

Always a good idea to point out that you have followed their returns process and they aren't playing ball.

Good luck!

Thanks for your advice, I took it all on board to write my last email to them 😊🤞🏻