Debenhams boohoo refuse money refund

geordie_in_Preston

I have just had a poor experience with BooHoo customer service.  I ordered 2 pairs of jeans via debenhams, package delivered via Evri.  Only 1 pair was in the parcel, I reached out to both evri and the store they were delivered to who confirmed 1 parcel only.  I contacted customer service who claim to have investigated and viewed CCTV footage of the package being packed and claim both pairs were packed.  As a result they have denied claim to any refund or replacement but are stating due to GDPR they aren't able to provide evidence for the parcel being packed correctly.  Is there anything I can do from here?

A_Geordie

geordie_in_Preston said:

I have just had a poor experience with BooHoo customer service.  I ordered 2 pairs of jeans via debenhams, package delivered via Evri.  Only 1 pair was in the parcel, I reached out to both evri and the store they were delivered to who confirmed 1 parcel only.  I contacted customer service who claim to have investigated and viewed CCTV footage of the package being packed and claim both pairs were packed.  As a result they have denied claim to any refund or replacement but are stating due to GDPR they aren't able to provide evidence for the parcel being packed correctly.  Is there anything I can do from here?

GDPR does not prevent them from providing CCTV evidence. They can use software to blur faces of individuals or the background to focus on the packing of the parcel. You could, if you wanted although I wouldn't recommend it, make a pre-action application to the court for Boohoo to hand over the CCTV which based on your respond suggests they have evidence of the CCTV being packed properly but are not willing to share it. That comes at a cost and there's no guarantee that a court would agree if there's another means of obtaining that evidence through legal proceedings. 

I read a lot of complaints about Boohoo and suing them seems to be the only option to ensure it gets resolved one way or another, unless you are willing to just write it off and move on. 

If you did sue them, I'd be inclined to mention in the claim that they have indicated that there is CCTV evidence available of the parcel being packed, but have refused to provide a copy of the event as evidence and the court should infer that in the absence of that CCTV event being handed over, Boohoo did not pack all of the goods into the parcel(s).

They will either have to deny there was ever any CCTV evidence in which case it hurts their case even more with a lack of evidence or they will need to hand it over, or try to argue a defence like the GDPR but the ICO Guidance and the Data Protection Act 2018 already confirms that disclosure of CCTV is permitted in reation to legal proceedings.

geordie_in_Preston

Thank you for taking the time to right back, for the cost of the item it wouldn't be worth the action but I suspect that they are also counting on this.