Mothercare - charged for cancelled order...

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FrankieS
FrankieS Posts: 3 Newbie
in Consumer rights
Hi,

I wonder if anyone might be able to help me. I placed an order with mothercare for a highchair expecting delivery within a couple of days. When I heard nothing I contacted them and was told the item had since gone out of stock. I cancelled the order and was advised this would take up to 48 hours to take effect. Four days later, Yodel email me to tell me they are delivering my mothercare order and I notice my credit card has been charged. In this time I have gone on holiday and there is no one at home to take the delivery. I contact mothercare. They say the item was signed for by my neighbour (she says otherwise) and that I have to return it to get a refund. My questions are as follows - did mothercare have any authority to take the payment? I suspect the delivery is sitting outside my house, unsigned for (fairly usual for couriers in our area)
. Do I have any responsibility in relation to this? Can I insist on a refund without returning the item? Especially as I have no idea where it is?

Any advice would be appreciated.

Many thanks!

Comments

  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    If you cancelled before the order was despatched then I think responsibility for the item lies with Mothercare. As you definitely didn't take delivery of it I don't see how you can be responsible for its return, that's for Mothercare and the courier to investigate (and possibly by involving the neighbour that they claim signed for it). If you wanted to be helpful you could ask your neighbour if the item is outside your house and if possible to store it somewhere safe until it's collected.


    In terms of getting your money back if Mothercare won't play ball then contact your card issuer to ask about a Chargeback.
  • Greta_Sharbo
    Greta_Sharbo Posts: 349 Forumite
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    FrankieS wrote: »
    . They say the item was signed for by my neighbour (she says otherwise) and that I have to return it to get a refund.

    The goods remain at traders risk until delivered to you or someone you have authorised.
  • jupiterthegreat999
    jupiterthegreat999 Posts: 46 Forumite
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    Call the card company, start a charge back

    I had a lost parcel before - allegedly signed for by someone from my flat (though I lived myself)
    eBay and PayPal both refused to refund, but the card company did. They asked the retailer to provide proof of delivery - they gave the signature, I disputed the signature was a valid one - the communication ended there and I kept the refund.
  • unforeseen
    unforeseen Posts: 7,290 Forumite
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    If I understand things then you do not know whether it's been delivered because you are still away?
  • FrankieS
    FrankieS Posts: 3 Newbie
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    Hi Unforseen

    Yes, I am away from home. This was the reason I cancelled the order. I had expected it to be with me within five days. When it went out of stock, and mothercare could not advise a delivery date I cancelled the order as I was going away.
  • photome
    photome Posts: 16,363 Forumite
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    FrankieS wrote: »
    Hi,

    I wonder if anyone might be able to help me. I placed an order with mothercare for a highchair expecting delivery within a couple of days. When I heard nothing I contacted them and was told the item had since gone out of stock. I cancelled the order and was advised this would take up to 48 hours to take effect. Four days later, Yodel email me to tell me they are delivering my mothercare order and I notice my credit card has been charged. In this time I have gone on holiday and there is no one at home to take the delivery. I contact mothercare. They say the item was signed for by my neighbour (she says otherwise) and that I have to return it to get a refund. My questions are as follows - did mothercare have any authority to take the payment? I suspect the delivery is sitting outside my house, unsigned for (fairly usual for couriers in our area)
    . Do I have any responsibility in relation to this? Can I insist on a refund without returning the item? Especially as I have no idea where it is?

    Any advice would be appreciated.

    Many thanks!


    Not sure you can insist on a refund without returning it, although it does seem like they shouldnt have sent it.


    when are you home again to find out where it is?
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    FrankieS wrote: »
    Hi,

    I wonder if anyone might be able to help me. I placed an order with mothercare for a highchair expecting delivery within a couple of days. When I heard nothing I contacted them and was told the item had since gone out of stock. I cancelled the order and was advised this would take up to 48 hours to take effect. Four days later, Yodel email me to tell me they are delivering my mothercare order and I notice my credit card has been charged. In this time I have gone on holiday and there is no one at home to take the delivery. I contact mothercare. They say the item was signed for by my neighbour (she says otherwise) and that I have to return it to get a refund. My questions are as follows - did mothercare have any authority to take the payment? I suspect the delivery is sitting outside my house, unsigned for (fairly usual for couriers in our area)
    . Do I have any responsibility in relation to this? Can I insist on a refund without returning the item? Especially as I have no idea where it is?

    Any advice would be appreciated.

    Many thanks!

    If the T&C's say the contract isn't formed/acceptance doesn't take place until dispatch then you withdrew your offer before they accepted and no contract ever existed.

    But even if there was a contract, as above the goods remain at their risk until they enter your physical possession (unless you've identified someone to them as being authorised to receive the goods) so they can't make your refund dependant on them getting the goods back.

    Send them a LBA or concise email and no doubt they'll cave.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • FrankieS
    FrankieS Posts: 3 Newbie
    edited 12 August 2018 at 10:21PM
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    Thanks for all the helpful responses.

    By way of update, mothercare changed their mind again and apparently I signed for the parcel and they have !!!8216;my!!!8217; signature to prove it.

    I returned from holiday this mornings no to find a sorry you were out card saying the parcel was behind the bin. Good job it was still there as have now been able to arrange for it to be returned for a refund - assuming they come and pick it up and actually process the payment back to me.

    I!!!8217;d love to fight the good fight with them and continue to peruse this. But, I have a new baby (hence shopping at mothercare) and am quite sleep deprived and exhausted and really don!!!8217;t have the energy. In a different life I almost certainly would have continued the battle, especially considering the fraudulent signature.

    Thanks again for the helpful advice.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    Congratulations on the birth of your new baby.
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