Chargeback when an online retailer refuses to cover return costs of faulty items

Cat08

Hi all,

Lloyds bank are refusing to make a chargeback claim for me for an item I bought on 1st December from an online retailer (ostensibly based in the UK) because I still have the item (a jacket) in question. The item is not at all as described and not fit for purpose. The retailer has refused to cover the costs of returning the item to China and insisted I pay these costs myself. I have used the template from the 'Which' website stating that under UK consumer law, they must cover the postage. They are still refusing to do so, referencing their returns policy and insisting I must pay, and telling me that since the process of shipping the item back to China could take many weeks, I should accept a 15% refund from them and keep the item. My understanding is that the UK Consumer Rights Act 2015 overrides any policy they may have if the goods are faulty, and they must pay for the return.

I explained this to Lloyds and they said that since I still have the item and the retailer's policy states I must return the item for a refund, they cannot make the chargeback. It seems to me that the retailer is clearly breaking UK consumer law by refusing to pay for the return and trying to manipulate me into accepting a 15% refund instead. I feel backed into a corner and would appreciate any help with this. Thank you, Charlotte 

Jenni_D

UK Consumer Rights only apply if the seller is based in the UK. (If based in the EU then there are similar consumer rights). If the retailer is based in China (or elsewhere) then the laws of that country apply.

A website ending in .co.uk does not mean it is a UK company.

eskbanker

Cat08 said:

It seems to me that the retailer is clearly breaking UK consumer law

As above, it may not apply to them - who are they?

TadleyBaggie

Banks usually require the item to returned to the retailer before performing a chargeback. It would be unreasonable for you to keep the item as well as getting a full refund.

sheramber

The retailer can dispute a chargeback and the money will be returned to them. 

As you have not returned the goods they are likely to dispute the chargeback. 

twopenny

I was going to buy a product from a well known online retailer but saw where the product was made, China, and this made me look at the returns policy.
If item is faulty I had to pay postage for return.
I'm not that familiar with purchasing online but it was easy to find.

Did you not see this on the site? Is it there if you look?

soolin

Cat08 said:

Hi all,

Lloyds bank are refusing to make a chargeback claim for me for an item I bought on 1st December from an online retailer (ostensibly based in the UK) because I still have the item (a jacket) in question. The item is not at all as described and not fit for purpose. The retailer has refused to cover the costs of returning the item to China and insisted I pay these costs myself. I have used the template from the 'Which' website stating that under UK consumer law, they must cover the postage. They are still refusing to do so, referencing their returns policy and insisting I must pay, and telling me that since the process of shipping the item back to China could take many weeks, I should accept a 15% refund from them and keep the item. My understanding is that the UK Consumer Rights Act 2015 overrides any policy they may have if the goods are faulty, and they must pay for the return.

I explained this to Lloyds and they said that since I still have the item and the retailer's policy states I must return the item for a refund, they cannot make the chargeback. It seems to me that the retailer is clearly breaking UK consumer law by refusing to pay for the return and trying to manipulate me into accepting a 15% refund instead. I feel backed into a corner and would appreciate any help with this. Thank you, Charlotte 

There are a number of threads about these Far East companies, most are stumbled across on social media. Frankly it might be worth seeing if you can persuade the company to up their partial refund offer, some people manage to get 30% or so off and right the rest of to experience. 

Cat08

Jenni_D said:

UK Consumer Rights only apply if the seller is based in the UK. (If based in the EU then there are similar consumer rights). If the retailer is based in China (or elsewhere) then the laws of that country apply.

A website ending in .co.uk does not mean it is a UK company.

The seller is called Jones & Smith and their address is in Bognor Regis on the home page of their website. The clothing they sell is shipped from China it seems but they purport to be based in England.

Cat08

eskbanker said:

Cat08 said:

It seems to me that the retailer is clearly breaking UK consumer law

As above, it may not apply to them - who are they?

They are called Jones & Smith, Website says they're based in Bognor Regis. 

Cat08

TadleyBaggie said:

Banks usually require the item to returned to the retailer before performing a chargeback. It would be unreasonable for you to keep the item as well as getting a full refund.

Yes I appreciate that, but according to UK law the seller must pay for the return in the case of faulty goods. By forcing me to return the item out of my own pocket I will lose even more money. I have a clear email trail proving this company is refusing to pay for the return postage.

Cat08

soolin said:

Cat08 said:

Hi all,

Lloyds bank are refusing to make a chargeback claim for me for an item I bought on 1st December from an online retailer (ostensibly based in the UK) because I still have the item (a jacket) in question. The item is not at all as described and not fit for purpose. The retailer has refused to cover the costs of returning the item to China and insisted I pay these costs myself. I have used the template from the 'Which' website stating that under UK consumer law, they must cover the postage. They are still refusing to do so, referencing their returns policy and insisting I must pay, and telling me that since the process of shipping the item back to China could take many weeks, I should accept a 15% refund from them and keep the item. My understanding is that the UK Consumer Rights Act 2015 overrides any policy they may have if the goods are faulty, and they must pay for the return.

I explained this to Lloyds and they said that since I still have the item and the retailer's policy states I must return the item for a refund, they cannot make the chargeback. It seems to me that the retailer is clearly breaking UK consumer law by refusing to pay for the return and trying to manipulate me into accepting a 15% refund instead. I feel backed into a corner and would appreciate any help with this. Thank you, Charlotte 

There are a number of threads about these Far East companies, most are stumbled across on social media. Frankly it might be worth seeing if you can persuade the company to up their partial refund offer, some people manage to get 30% or so off and right the rest of to experience. 

They are called Jones & Smith and have an address in Bognor Regis on their website. My understanding is that makes them subject to UK consumer law.