Debenhams Operates Their Website Contrary To UK Law - how can we stop it?

Websy

Be VERY VERY careful before you purchase anything form Debenhams.com as their website operates contrary to UK law. But I am not sure who to report this to.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 states in absolute terms, no exceptions, that a retailer MUST NOT pre-tick optional extras but Debenhams.com do pre-tick an extra called "Priority Delivery Support" and then add a £14.95 charge without you noticing.

The UK government website (under a section titled "Consumer Rights" with a sub-section called "Getting consent for additional charges when selling online") explains this is illegal under current law and states that "If a customer did not give express consent for an additional charge, then they are legally entitled to claim a refund of the charge ..."

I've requested the refund having placed an order and then subsequently noticing the additional charge and, whilst they have categorically and repeatedly stated in their replies that this is an optional service they pre-tick and the customer has to untick if they don't want it (which I'm sure their lawyers will be delighted about that if it comes to court), they continue to refuse to process the refund.

Whilst I'm here, I also can see that they pre-tick the consent for sharing data with third parties which, under the UK GDPR is also illegal I think.

How do I escalate this to an organisation with the teeth to take proper action as, whilst I'm happy to follow the Small Claims court procedure which may get my money back even though it seems a bit petty for such a small amount, this organisation needs to be stopped from doing this as I'm pretty sure I'm not the only person who has been ripped off by them like this.

Their Customer Service is non-existent, bizarrely using "Facebook Messenger" as their only communication route which takes a day to get an answer to every message and when it comes they just spout the same garbage without actually looking at the question asked!!

eskbanker

Websy said:

How do I escalate this to an organisation with the teeth to take proper action as, whilst I'm happy to follow the Small Claims court procedure which may get my money back even though it seems a bit petty for such a small amount, this organisation needs to be stopped from doing this as I'm pretty sure I'm not the only person who has been ripped off by them like this.

Report to Trading Standards (via CAB) and hope that enough others do the same.

MyRealNameToo

As above but its a volume thing

Websy said:
Their Customer Service is non-existent, bizarrely using "Facebook Messenger" as their only communication route which takes a day to get an answer to every message and when it comes they just spout the same garbage without actually looking at the question asked!!

What's bizarre about it? FB, like WhatsApp and others offers a commercial product for businesses to use. They are very far from unique for choosing this tool rather than one of the other options out there. 

A_Geordie

Suggest reporting to the CMA who are usually more proactive than TS. 

https://www.gov.uk/guidance/contact-the-cma

For everyone else's benefit who might be reading this thread, the relevant part of the CCRs you are referring to are sections 40(1) and (2). 

Given that Debenhams are denying that the option is pre-ticked, I suggest you gather evidence before you take formal action such as recording the sales process from start to finish up to the page that has the pre-ticked option. You can do this with a phone or screen recording application. Perhaps a phone recording with you in view of the screen will be more convincing to avoid Debenhams trying to argue that you manipulated the recording, but I'm probably being overly cautious. 

I've just ran through a test purchase and can confirm the option is pre-ticked on the delivery options page. 

Brisfit

Yes, just carried out a test using an ipad and the ‘Delivery Support’ option is pre ticked.

the_lunatic_is_in_my_head

In my opinion the fact they are selling this in of itself is a breach of the DMCC, CMA is the way to go. 

michael1234

MyRealNameToo said:

As above but its a volume thing

Websy said:
Their Customer Service is non-existent, bizarrely using "Facebook Messenger" as their only communication route which takes a day to get an answer to every message and when it comes they just spout the same garbage without actually looking at the question asked!!

What's bizarre about it? FB, like WhatsApp and others offers a commercial product for businesses to use. They are very far from unique for choosing this tool rather than one of the other options out there. 

It requires the customer to sign up for an account and possibly download an app.

Seems obvious to me 8-)

adougl16

MyRealNameToo said:

As above but its a volume thing

Websy said:
Their Customer Service is non-existent, bizarrely using "Facebook Messenger" as their only communication route which takes a day to get an answer to every message and when it comes they just spout the same garbage without actually looking at the question asked!!

What's bizarre about it? FB, like WhatsApp and others offers a commercial product for businesses to use. They are very far from unique for choosing this tool rather than one of the other options out there. 

Facebook is a bit 2012. I would imagine a lot of people on here don't use it or have a Facebook account in 2026. In order to message them I created a Facebook account. If they replied it would be fine. I contacted them on 7th January to request a refund for one item and to report another item has not been returned. I've now contacted them three times and they have not replied. I have also followed their website and contacted the seller of them item I wished to return (Hirix International) by email, but they have also not bothered to reply. I'll be actioning a chargeback today

no_real_names_please

https://forums.moneysavingexpert.com/discussion/comment/81835138#Comment_81835138

It's incredibly amateurish plus they're social media companies that have acted against the public interest not telecomms.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81912841#Comment_81912841

They are owned by social media companies or tech companies (if you consider other similar solutions) and no they arent considered telecoms under UK law however the reality is a large proportion of people use them. If you look outside of the UK have been to several countries where you will see the WhatsApp for a business (talking physical stores etc) publicly available but will struggle to find a landline number for them.

Dont see why using a Facebook owned chat facility is any more or less amateurish than using LiveChat or one of the other solutions for introducing a chat facility on a website. There are certainly notable benefits like being able to continue the conversation across multiple devices in its native form whereas with LiveChat you have to resort to email if your chatting on a desktop but need to go out mid conversation.