Simply Be - dispute on delivery charges

[Butterbean]

Hi all

I'm hoping someone can clarify what the position is as I want to settle my bill with Simply Be, but not in full until I've resolved one issue.

I'm in dispute about two sets of delivery charges for an order. I placed an order and paid online. However later that day I realised I had ordered the wrong size and contacted them to ask if I could change the size - they said the order had already been processed and couldn't stop it, but that when the goods did arrive I would simply send them back with the delivery person and they would reissue the order. They also said they would refund the delivery charge to my bank. I eventually got my goods and thought no more about it.

A few weeks later I got a bill, for the full cost of the item and with delivery charge, and a second delivery charge. I didn't have access to my bank statements at the time to check what had actually happened, but when I did, saw that they had in fact refunded the cost of the original item, but kept back the delivery charge. I wrote to them to try and sort it out. Nothing. Then I get another letter adding administration charges and threatening me with debt collectors. I wrote to them again, explained the situation again and referred them to my original letter. They say they haven't received it. They're now saying that because there were two orders I would be liable for two delivery charges.

I'm at a loss to understand how I can be charged for the first delivery, when it was for goods I realised were not the ones I wanted and had changed on the same day as having ordered them and BEFORE they had been delivered. Had I realised they would charge me twice I would have cancelled the whole order before it was even despatched, rather than go along with having the goods reissued.

I am of course liable for the cost of the goods, which I'm perfectly willing to send them. I do feel aggrieved however at having all these admin charges and interest thrown my way plus an extra delivery charge (they already have one delivery charge paid for).

I'm happy to send them a cheque for the cost of the goods. Or should I pay them the current total, which includes an extra delivery charges admin charges and interest and then try and claim it back?

[minnie]

Hi Butterbean,

I have an online retail business so am familiar with return policies. It is standard practice (Consumer Protection (Distance Selling) Regulations 2000) that an item can be returned for whatever reason you like within 7 working days starting the day after you receive it. Again, it is standard practice that the customer return goods at their own cost and that the original delivery cost is not refundable, only the cost of the actual goods. This is stated in the (edit) on Simply B's website.

In your case you returned the item the same day it arrived by giving it back to Simply Be's own courier, am I right? If so then you will not have incurred any cost to return it as Simply B offer this for free. A good service in my opinion. They are, however, entitled to charge you the original delivery cost incurred to send it in the first place and just refund you the cost of the item I'm afraid.

There are two points here however, that are annoying to say the least.
a.) That when you tried to change the order the very same day you placed it, you were told that the order could not be stopped. This is an arguable point depending on the time of original order and time you rang to change it, and seems a little immovable on their part.
b.) More annoying is that you were told you would be refunded the cost of the delivery. To make that offer but not follow it through is just plain rotten. Don't suppose you have proof of the time of call or who you spoke to do you?

Legally they have every right to impose the charge but if I were you I would use the two points above and phone them. Ask to speak to a manager or someone able to make decisions and argue thsse points, mainly that someone promised the delivery charge would be refunded. Sending a letter just allows them to brush it under the carpet and pretend it never happened!

I know it's not what you want to hear but you may end up having to pay it in the end. If you were my customer I would refund the charge. Customer satisfaction is a very important thing.

Good luck with it.

Minnie.

[Butterbean]

Minnie thank you for your reply.

I agree, it seems unfair that I'm being charged delivery on an item that was not supposed to be delivered - why did they not just stop the delivery. Even if delivery arrangements are automated surely manual intervention can stop a delivery going ahead. To me that's a bit like the story about a certain well known company who sent books to people, asked them to pay for them or send them back, and when the recipients got these books they hadn't ordered discovered that sending them back to the company was at their own expense. Slightly different but the basis is the same - you're being expected to pay for the delivery of something you didn't want (and in my case, telling them before it was due for delivery that you didn't want it).

Here's a paragraph from my letter to them:

I do not dispute, having seen that I was refunded the cost of the goods (and not the delivery charge as originally advised), that I need to pay for the goods, and I am very willing to send this.

However I do not accept that I should be liable for a duplicate delivery charge for goods which, because they were the wrong size, were changed before delivery and therefore not wanted, but yet were delivered anyway against my wishes. I would accept liability for the delivery charge if I had made the change after I received them, but that was not the case. After all, this was not two separate orders but one order revised before delivery - the first delivery should have been cancelled.

I do want to resolve this amicably with them, but I'm not impressed.

I'll have a check through my phone bill and note the dates and times of phone calls with them - that will tie up my calls with the order revision date. Thanks for the nudge.

Re the payment question - I think I should send the cost of the item so that they can see I'm not trying to duck out of payment, and carry on disputing the total cost - which is now £49.25, over double the original bill. And I know the post is awful these days but I just can't believe they didn't get my original letter addressing the problem.

[Janet-M]

IMO you cancelled the contract the same day you placed it and should argue your case on that.They had every chance to cancel the order before it was sent to you .As for their T&C's if every T&C where correct then this site wouldn't exist.

[StoneLaughter]

Quite apart from MJanet's comments, the "Admin Charges" are disproportionate penalties and are unenforceable - in exactly the same way that bank charges are unenforceable. Your position with them is that you owe them for the correctly sized item and it's delivery; but not for either the original, incorrectly sized item, nor it's delivery, as, just like MJanet says, you cancelled the contract you had with them for this item prior to their delivering it. You therefore have no contract with them concerning this item and owe nothing for it.

[Butterbean]

Thank you so much, mjanet, stone and minnie. This is really helpful.

That's exactly it - they sent out goods that I didn't want, and which I had cancelled, albeit by changing the size, before delivery. Not a happy bunny.

Cheque for goods winging its way with a polite letter setting out my position.

[Butterbean]

OK we have developments. This is what I wrote to them in my last email:

Dear Ms XXX

Thank you for your reply.

A second delivery charge would be payable if I had changed the order after receiving the goods. However I cancelled the contract I had with you for the goods prior to their being delivered as I changed the order before delivery, and do not accept that I should pay for the delivery of an order that was cancelled.

I am sending a cheque for the cost of the goods only, as your company has already received payment of a delivery charge. My accompanying letter will set out my position, and I hope we can settle this matter amicably.

Kind regards

Letter with cheque has gone. Today I have received a further email:

Thank you for contacting us.

I have now removed a postage charge of £2.99 for you as requested.
This will show on your following statement.

However, if you have any further questions please contact us.

Yours sincerely,

They haven't said that the admin charges and interest have been removed from my account (which I want to close), but if they are still there I shall be disputing them of course. Much as I appreciate their having finally taken off the extra delivery charge, although they haven't admitted liability for having charged it in the first place, i don't owe them anything apart from the cost of the goods I ordered.

Thanks for all the help and support. I shall keep you posted.

[Bookworm]

And this clearly shows the power of standing your ground! You've got them running, keep going, lol!

[Butterbean]

You're right, Bookworm! I really do want to settle this amicably, but I refuse to be intimidated into paying for things I'm not liable for. I'm just so grateful for all the help and support here.

[zzzzzzzz]

The Consumer Protection (Distance Selling) Regulations 2000
Statutory Instrument 2000 No. 2334
Requires refund of the delivery charge

The Office of Fair Trading: Amazon and BOL agree to refund delivery charges
'The Distance Selling Regulations give consumers the security to buy from home, confident that they can change their mind once they have received and seen their goods. Consumers are entitled to a refund of normal delivery charges when goods are returned.'
The OFT is currently in negotiation with a number of other companies under the Distance Selling Regulations regarding the refunding of delivery charges.

http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf PDF
"3.35 Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract. "


If the customer refuses a delivery from Royal Mail the item is returned to sender without further charge , what is the position with couriers used by catalogue companies ? do they return refused items free or do they charge the catalogue company - I know they get paid for collecting returns from customers

If the goods are not retuned at the customer's expense then the actual cost of delivery back to the company can be deducted from the refund - that is my understanding , what happens if the courier charges the company - I am aware some charge extra if not delivered on first attempt

[billytencans]

Does anybody know where I would stand if the fridge freezer that i bought from empire direct did not turn up! and they try to charge me for delivery??


It has not happened yet but I have a funny feeling it will very soon because I have never experienced such idiotic customer service before.

I paid for the thing two weeks before delivery and as mentioned it never turned up..should have done on the 21st of July, they even called to say they were around the corner and then never turned up (they use an outside company for delvery). I have called them numerous times and have got no-where because they have still got my money. £250. they orgionally said it would be returned to me on the day i cancelled the order, which was the monday following the saturday it should have been delivered... no refund. they say 7-10 days now, which has been and gone and, no refund. I spoke to them again and was advised that the refund had still not started to be processed...they are waiting for the fridge to come back!! how can they be allowed to keep my money so long, I dont care where the fridge is and its not my responsibility, and...I bet they probably charge for delivery, not sure yet, soon to find out.

I know they have to refund within 30 days and I have checked out the t&c and they are basically not liable for anything that happens during transit, I am, even loss, how can this be legal?? it seems to be a standard clause for any purchase done on line.

I want my money back, I want £30 compensation because I was misadvised by their employee about how long the money would take to come back (I went out and bought another one when I should have waited for the money to come back and I am now over my agreed limit!) I want compensation for the calls I have made that cost a fortune on my mobile. I want that company to pay me any interest they have earned from my money. I want revenge!

any advise??

Thanks