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Flannels refusing refund for coat

I bought (on Fraser’s plus credit) a St Agni trench coat last month but on trying it on, found it was too large. I knew I wanted to return but as there was a return charge of 4.99, I waited until end of the month for payday as it was a tight month! 

I sent it back a few days ago and received and email yesterday informing me they will not accept the return and are returning it to me via DPD. They say there’s an odour and staining on the collar. This coat was tried on once and put back in its original packaging, it was in perfect condition (though I don’t recall seeing the accompanying buckle belt that came with it so that was missing from the off).

It’s a £460 coat so not cheap and they’re refusing it. How can they get away with this? Their customer service has been hopeless, being unhelpful and shutting down any discussion of the problem. 

What’s the best thing for me to do here? Note I haven’t paid any money towards this yet and do not have a direct debit set up to pay. I do however have other items on my account that I pay for monthly. 
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Comments

  • Okell
    Okell Posts: 3,032 Forumite
    1,000 Posts Second Anniversary Name Dropper
    When was it originally delivered to you?

    When did you return it?
  • KMacc
    KMacc Posts: 15 Forumite
    Sixth Anniversary 10 Posts Combo Breaker Name Dropper
    Okell said:
    When was it originally delivered to you?

    When did you return it?
    It was delivered on 13th September, and I returned it 7th October.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,562 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 10 October at 5:47PM
    If you exercise your right to cancel they can't refuse (instead they should reduce the refund and then the customer can have a debate about that instead).

    Looking on their website returns automatically falls under T&Cs and says:

    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.

    And on it goes but it doesn't actually seem to tell you much about your 14 day statutory rights so either they aren't telling you about your statutory rights or are merely extending them to 28 days.

    Either way following on, under refunds it says:

    We will refund you (or will arrange a refund on our behalf) in full for any items you return but will deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items.

    So even by their own policy they can't point black refuse a return (unless the item was trashed beyond any value which the what is described above is not). 
    In the game of chess you can never let your adversary see your pieces
  • TELLIT01
    TELLIT01 Posts: 18,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    If you exercise your right to cancel they can't refuse (instead they should reduce the refund and then the customer can have a debate about that instead).

    Looking on their website returns automatically falls under T&Cs and says:

    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, 
    But the OP hasn't said whether or not they did inform the vendor within 14 days of their intention to return the coat.  The only dates provided are 3 1/2 weeks apart.

  • TELLIT01 said:
    If you exercise your right to cancel they can't refuse (instead they should reduce the refund and then the customer can have a debate about that instead).

    Looking on their website returns automatically falls under T&Cs and says:

    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, 
    But the OP hasn't said whether or not they did inform the vendor within 14 days of their intention to return the coat.  The only dates provided are 3 1/2 weeks apart.

    If it were deemed they hadn’t provided the required information then there would be 1 year and 14 days to cancel 🙂
    In the game of chess you can never let your adversary see your pieces
  • Grumpy_chap
    Grumpy_chap Posts: 18,687 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    We will refund you (or will arrange a refund on our behalf) in full for any items you return but will deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items.

    So even by their own policy they can't point black refuse a return (unless the item was trashed beyond any value which the what is described above is not). 
    The retailer seems to be covering the statutory rights, even if there is some clumsy wording.

    Given that a deduction for diminished value is permitted, a coat reportedly with "an odour and staining on the collar" would not be one that can be sold via retail channels, not even as 'seconds'.  A retailer won't be sending the coat to the dry cleaners.  This coat, once received back at the retailer and not saleable will have a cost for managing and disposal.  It may be that the retailer's assessment of "diminished value" is 100% and, if that is the assessment, sending the jacket back to the customer to do with as the customer pleases might make sense.
  • Grumpy_chap
    Grumpy_chap Posts: 18,687 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Alderbank said:

    I wonder if this is the same jacket?
    https://forums.moneysavingexpert.com/discussion/comment/81272017#Comment_81272017?utm_source=community-search&utm_medium=organic-search&utm_term=flannels

    Earlier this year the OP bought a £500 coat from Flannels and returned it because it didn't fit. Flannels refused to accept it, saying it had clearly been worn.
    Is that the same individual?
    It would be highly unfortunate to buy two £500 jackets from the same store and have to return both because of incorrect fitting and for both to be refused return as excessively worn.
    If that had happened, the retailer might also have some records and make links.
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