Victorian Plumbing claim returned item is damaged

croydonforever

I'm asking for help, I ordered a shower unit from Victorian Plumbing, I paid for delivery on a Friday, but it didn't turn up, it wasn't then going to be redelivered until later the following week.  This didn't fit in with my schedule, so I sourced it from an alternative.

I then returned the unopened box with the original packaging via a recorded delivery from the Post Office.  They've now received the item but claim it is damaged, so won't refund me.  Item was paid using a debit card.

Where do I go from here?

DullGreyGuy

croydonforever said:

I'm asking for help, I ordered a shower unit from Victorian Plumbing, I paid for delivery on a Friday, but it didn't turn up, it wasn't then going to be redelivered until later the following week.  This didn't fit in with my schedule, so I sourced it from an alternative.

I then returned the unopened box with the original packaging via a recorded delivery from the Post Office.  They've now received the item but claim it is damaged, so won't refund me.  Item was paid using a debit card.

Where do I go from here?

Who arranged and paid for its return?

croydonforever

i packed up it and sent it recorded delivery from the Post Office.  They've acknowledged receipt, but claim it is damaged.  Box was unopened

Alderbank

It was damaged while in the care of your chosen delivery service so you need to claim compensation under the T&Cs of that service.

How much did the shower unit cost?

Exactly which delivery service did you choose?
   Royal Mail Signed For pays compensation of up to £20.
   Royal Mail Tracked With Signature pays compo up to £150.

croydonforever

Alderbank said:

It was damaged while in the care of your chosen delivery service so you need to claim compensation under the T&Cs of that service.

How much did the shower unit cost?

Exactly which delivery service did you choose?
   Royal Mail Signed For pays compensation of up to £20.
   Royal Mail Tracked With Signature pays compo up to £150.

I think it was tracked with signature, but the item was worth £500.  Also I don't really want the hassle of trying to claim off them.  They might well say that it was returned in good condition.

Victorian plumbing acknowledge receipt of the package, it has taken them 10 days to say the item was damaged.  they've sent a photo of the unit and there is a mark.  but they haven't provided any photo of the packaging.   As the box was unopened I've no idea if it was damaged before it arrived at my home

the_lunatic_is_in_my_head

Well it's hard for them to prove it was damaged upon return, it could have been damaged on the way out, or even before they shipped it. 

Advise you are exercising your right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and a refund is due within 14 days whilst noting there is no proof on the balance of probability that the goods were damaged during their return.

If they don't refund (or provide some proof, not sure what that could be really) then send a letter before action (templates on Google), personal decision as to whether you wish to go through wit filing small claims. 

croydonforever

the_lunatic_is_in_my_head said:

Well it's hard for them to prove it was damaged upon return, it could have been damaged on the way out, or even before they shipped it. 

Advise you are exercising your right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and a refund is due within 14 days whilst noting there is no proof on the balance of probability that the goods were damaged during their return.

If they don't refund (or provide some proof, not sure what that could be really) then send a letter before action (templates on Google), personal decision as to whether you wish to go through wit filing small claims. 

Thanks, that's great, I've asked them for proof that the packaging was damaged on receipt.  They've been in possession for 9 days before discovering the damage, so again I can make a reasonable claim that if it had arrived in poor condition they should have acted sooner - or it is at least as likely that it has been damaged in their possession.  Also the box was unopened, so I can also say it wasn't damaged by myself.

Hopefully will be resolved