Hi all, hoping someone can advise on this please! I have been ordering clothes from an online retailer for around five years now with no problems. On my last order I returned some of the items, only to then receive an email from them saying that one of the items was damaged so they won't be refunding me for that item. I immediately told them that the items were fine when they left me, so they must have been damaged in transit, but despite numerous emails they are refusing to accept that they could be responsible and simply repeat that the item was damaged when returned to them, so it is my fault, so i am not entitled to a refund. Usually their items are delivered by DHL in a nice strong box, however this particular order was delivered by their own in-house "premier" service which I haven't used before (they were offering free premier delivery at the time), which means that it was delivered by their own driver, and the items were simply bundled into a cardboard carrier bag, not protected in a box. So they could easily have been damaged in transit (for example some items were on hangers, others were just wrapped in tissue paper and could have easiy snagged on one of the hangers). But I have no way of proving that they were in fine condition when they left me - it seems to be my word against theirs. I have been a loyal customer of this website but all they say is thank you for your custom, sorry for the inconvenience, but the item is faulty so we're not refunding you. Do I have any rights at all? Seems pretty strange that an online retailer can just claim that items were damaged and you have no recourse - particularly when it is their own delivery service so you can't claim against the transit company. Grateful for any advice please!

thank you SO much renegadeimp. that's really helped - i just spoke to my credit card company, they said they can do a chargeback going back 13 months. this means i can get money back from september 2013, which amounts to £1750!!! That still leaves me £250 out of pocket, but that's a lot better than £2000! (Incidentally, thanks for advice about standing my ground with them - actually they were very helpful - it was Mint Visa if anyone's interested.) They also then referred me to Consumer Rights to check about money that they can't cover - ie before September last year. When I called them they said that as I incurred damage by going to the classes, the gym is liable under the Supply of Goods and Services Act 1982, because they did not exercise reasonable care of skill when carrying out a service for me. They said I therefore am entitled to remedy from them and that this would be either damages for my injuries, or refund of my money. They also recommended that I seek a personal injury lawyer.

thanks renegadeimp! sorry for asking a stupid question, but it was on my Visa credit card - is that covered by the guarantee?

Sorry - just seen what a long post this is! I got carried away...

I would really really appreciate some help, as my gym owe me £2250 and will not refund me my money! I am very stressed about the situation and do not know what to do. In March 2013, I took out a 3-month membership with my local pilates studio. This cost £250 per month, for 8 classes. Over the next three months of the membership I managed to use 18 classes of the 24 that comprised the 3 month membership. However, in May (just before the 3 month membership expired), I advised the studio by email that I had to go into hospital so "I am not sure when I will be able to resume exercise, so it is probably best if I cancel for now. I think I have some classes remaining from my 3 month course - I will be in touch when I am well enough to use them." My clear intention was that I no longer wished to continue my membership. However, the studio continued to take £250 from my account each month. This is on the grounds that their contracts states "This is a 3 month agreement, which will thereafter be renewed on a monthly basis... After successful completion of the initial core period the member may cancel this agreement by sending a written confirmation to the studio before the first day of the final month of membership." I failed to see that the studio was continuing to take money out of my account as I was first in hospital, and then suffered a bereavement - it was a really difficult time personally, was not as on top of my finances as I would usually be (yes, I know!). Plus, in my mind, I had written to cancel so had no reasonable grounds to believe that they would still be taking money from me. In February 2014, I realised what had been happening and wrote to the studio, telling them that they owed me nine months worth of fees, ie £2250. They responded in March 2014, saying that they could not find a copy of my written cancellation confirmation as they had not been able to find this in their records. They said that in the absence of written confirmation, I had a total of 86 unused classes in my account. In April 2014, I had some time off work, and decided that as a gesture of goodwill I should use up some of the classes (I had thought that £2250 was a large amount for the studio to have to repay therefore if I used some of them up it would show willing). I managed to use up a further 24 classes during April and May. However during this time three things happened: 1. In May I suffered an injury during a class with one of the instructors. I had some physio to help the muscle. However I cancelled all my classes with that instructor and refused to schedule any more with him (that was the only class I had had with that instructor and I was not confident in their abilities). 2. I continued classes with the other three instructors that I did trust. However in June I had a class with another new instructor, and suffered two sprained ribs. This was very painful and again, I had to have physio. I told the studio that I would not take classes with that instructor again. 3. During this period, I had found it increasingly difficult to get a class when I wanted one. I repeatedly told the studio that I had seven hours a week when I was available to take a class . They repeatedly told me that they did not have any classes available for me then, and kept offering me classes at other times (eg during the working day, when I was at work!). I have numerous emails between me and them documenting this. As a result of both the injuries which caused me to lose faith in the studio, and the fact that they couldn't actually provide me with any classes, in June I decided that I had done enough to try and use up my classes and now wished to be refunded the remainder. I therefore wrote again to the studio, telling them this, and that I therefore wished to be refunded for my remaining 62 classes - a total of £1940. I enclosed a copy of the email that I had sent them in May 2013 cancelling my membership. In September, I received a response from them. They said: 1. they required a written confirmation sent to the studio address. The email could not be taken as cancellation, as "it refers to the cancellation and re-scheduling of classes but does not refer to the cancellation of your membership contract." I don't think this is right - my email could not have been taken as referring to cancelling classes, as at that point I did not have any classes booked to cancel, therefore it should reasonably have been taken as meaning my contract. Surely if they thought I meant cancelling classes, as they say they did, then they would have responded to say that I didn't have any classes to cancel? 2. That "classes were used during this period (from April to December 2014) which in law is described as a continuation of a contract". I clearly had no idea it would be taken a continuation of a contract - I had thought I was doing them a favour by using up some classes so they had to repay me less - so much for a gesture of goodwill! 3. That "as goodwill, they can offer me either to use up my remaining 62 classes or to cancel my membership and lose all my money". I don't see how offering me to lose all my money can be described as a goodwill gesture! I also cannot use up my classes, as they have repeatedly told me that they cannot give me a class when I am available to take a class. (In addition, after not one but two injuries I have lost all faith in them.) I really am at a loss as to what to do, and am very stressed about the situation. I presume my only option is to take them to the small claims court on the grounds that (1) I did cancel my membership (2) they cannot fulfill their part of the contract because they can not provide me with a class when I can take a class and (3) loss of faith due to injuries (and I have not attempted to reclaim the cost of my physio which I had to have as a result of the injuries, which totalled around £750). Does that sound right? I would really appreciate any advice - I obviously cannot afford to just write off nearly £2000, as they seem to be suggesting!