Major retailer refusing to refund online purchase - please help

prettyandfluffy

If the approach outlined above doesn't get you the resolution you want, I would take it to one of the Consumer Rights journalists; not as a "tale telling" exercise but because they often succeed where other approaches have failed. The one in the Sunday Times can be contacted as follows:

"If you have a money problem you would like Katherine Denham to investigate email yourmoneymatters@thetimes.co.uk. Please include a phone number"

Jenni_D

Alderbank said:

Thanks for your reply.

...8th April (I think) - phoned JL regarding some returns - told them that I didn't like the bag and it's not for me, and the other items did not fit me well...

I'm afraid this answers @Okell's question; you returned the goods under JLP's own return policy and did not use the specified form of words necessary to tell them that you were exercising your right to cancel the contract under your rights in part 3 s32 of the Consumer Contracts Regulations 2013.

Those regulations are very picky about the right words being used at the right time but that applies equally to both parties. You might be too late now to do that, but if JLP have not given you all the correct wording about your rights to cancel and in the correct format you could still be in time.

I'm not sure they are ... I recall several previous posts (in other threads) alluding to the fact that a CCR return is applicable "howsoever expressed". To me this means the OP can still revert to JL and express that the return is in accordance with the CCRs.

Okell

Jenni_D said:

Alderbank said:

Thanks for your reply.

...8th April (I think) - phoned JL regarding some returns - told them that I didn't like the bag and it's not for me, and the other items did not fit me well...

I'm afraid this answers @Okell's question; you returned the goods under JLP's own return policy and did not use the specified form of words necessary to tell them that you were exercising your right to cancel the contract under your rights in part 3 s32 of the Consumer Contracts Regulations 2013.

Those regulations are very picky about the right words being used at the right time but that applies equally to both parties. You might be too late now to do that, but if JLP have not given you all the correct wording about your rights to cancel and in the correct format you could still be in time.

I'm not sure they are ... I recall several previous posts (in other threads) alluding to the fact that a CCR return is applicable "howsoever expressed". To me this means the OP can still revert to JL and express that the return is in accordance with the CCRs.

Yeah.

If I were the OP I'd go back to JL and say "Well obviously I was exercising my statutory right to cancel a distance contract.  What else do you think I was doing?" and see how JL react to that.

Like @Alderbank I'm not sure that that is a convincing argument, but I'm aware people have argued on here that if a consumer returns a distance sale then it ought to be taken as them exercising their statutory right.  I'm not convinced but I don't see what the OP has to lose by putting that argument forwards*.  (Having said that, I'm pretty sure most consumers know that they have a "legal right to return goods", but probably aren't aware that to exeecise this right they need to tell the seller "I am cancelling the contract".  A court might well say that return in itself is sufficient to exercise the statutory right and that consumers don't need to express it as "cancelling").

As stated previously, the advantage to the OP of exercising her statutory right is that JL cannot refuse it (assuming the OP informed them within 14 days of delivery and returned the goods within a further 14 days) and I'd be surprised if they can justify a 100% deduction from the refund.

Additionally and alternatively the OP needs to argue that she has not caused any damage to the bag and has simply complied with JL's own returns policy.

If JL won't cough up on either ground the OP will need to consider the Letter Before Claim route and suing JL.  If the amount justifies it.


* One of the difficulties for the OP is that the legislation says that the consumer must clearly inform the trader that they are cancelling.  I honestly don't know if saying "I'm returning the goods" is sufficient

savergrant

"It may be worth informing the general public too about some of the 'goings-on' at JL via the papers - what are your thoughts about that?"

If you have evidence of wrongdoing by JL you should tell the police or trading standards.

savergrant

Is the same bag available new from John Lewis? Was the returns address given specifically for preloved items?

photome

savergrant said:

"It may be worth informing the general public too about some of the 'goings-on' at JL via the papers - what are your thoughts about that?"

If you have evidence of wrongdoing by JL you should tell the police or trading standards.

Are you seriously suggesting calling the police because JL won’t refund

wynn65

Hi thank you for all of your kind input.

I sent an email directly to JL late last night after getting your message and just hope that I've 'worded' it ok .... as I'm really not sure what I'm doing! Actually I'm at a loss with all of this - it's making me quite sick!

Anyway a reply came through from JL stating - 

''My name is *** from the Returns & Refunds Team. I hope this email finds you well and you're having a lovely day.

Thank you for your email, and please accept our sincerest apologies for the distress and inconvenience this situation has caused you. We truly regret that you have experienced such a difficult time regarding your order, and we appreciate your patience while we addressed your concerns.

I understand your decision to exercise your rights to cancel the contract under the Consumer Contracts Regulations, and I want to assure you that we have taken note of this.

After reviewing your case, I can confirm that we are prepared to take action on your refund. The item is scheduled for delivery to you today. Once you receive it, you can simply return it to your nearest John Lewis store. Our Partners there will have access to the notes and details of your order, which should help clarify any misunderstandings.

Once the item is confirmed as received in our Returns Center, we will proceed with your refund and keep you updated accordingly.

Thank you for your understanding, and again, we apologize for the inconvenience this has caused. We hope to resolve this matter to your satisfaction swiftly.

Warmest regards,

John Lewis & Partners

Customer Care.''

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so it would appear to me that JL are asking me to do exactly what I did in the 1st place !

what a waste of time and effort and money etc

all so unnecessary !! I'm disgusted with them.

However I'm just going to make a couple more points - the bag did arrive today - the courier did NOT get my/any signature for the package and the bag is very poorly wrapped - just in one thin plastic bag and placed into a JL thin plastic green carrier - so no protection whatsoever and just stuffed into my little letter box at the end of the driveway !!! 

As far as the refund goes - I will believe it when I see it ///or get it !!

Thanks

eskbanker

Not sure it's worthy of 'disgust' - sure, they made a mistake, but are now correcting it?

GDB2222

eskbanker said:

Not sure it's worthy of 'disgust' - sure, they made a mistake, but are now correcting it?

The mistake was probably at the warehouse, where they didn’t realise that the item was second hand when sold? 

Alderbank

wynn65 said:

so it would appear to me that JL are asking me to do exactly what I did in the 1st place !

what a waste of time and effort and money etc

all so unnecessary !! I'm disgusted with them.

No, what you did in the first place was to try to make a return under their returns policy. 

Now that you have cancelled the contract, which is something quite different, they have taken notice and responded appropriately.

Well done anyway