very catalogue sent out old/faulty goods and will not receive it back!!

[a ross]

hi there. this is my first post and i am very worried.

I ordered a set of headphones from Very catalogue recently and when they arrived, they were not in a sealed box as one would expect. When i opened the box everything seemed as it should but when i picked up the headphones they were clearly not right. the extendable ear part would not click into place and they looked flimzy.

I packed them back up and called the catalogue immediately and arranged a return collection straight away.

i thought that was the last of it until i received them back stating that they were old and used headphones and not the ones sent out to me.

i immediately called and explaind exactly what had happened and the young lady on the phone told me to put it in writing, which i did. the letter i wrote explains everything clearly and i have enclosed it on here below.

dear Very

I have received a parcel back today containing headphones that I ordered last month from you.

There was also a covering letter with an incorrect account number on it.

It states that they are ‘used old and not supplied by you’ and you would not be crediting my account and would charge me for return postage.

The words USED AND OLD IN CAPITALS, I am actually glad that you accentuated these words, as this is how I explained them to the girl on the phone when I called to arrange a return!

This is exactly how I received them.

Upon receipt I opened the package and found a box that had no plastic wrapping or security seal at all. The outer box slid off the inner box which then opened and there was a black zipper packet on the right and another compartment on the left, as is the case in the returned item.

I opened the black zipper and inside was a plastic bag with the white headphones inside. I immediately thought that they were very small for the £170 odd pounds that I was paying. I took them out of the packet, which I believe I would have to do to inspect the item that I am buying. I immediately found one problem which was that one of the adjustable sides did not work in the same manner as the other side, by clicking onto place and staying there. They were very flimsy, and I didn’t even bother to open the other side of the box, I was not happy with the product and so I immediately put them back exactly as I found them boxed up and back in a return bag.

I then went onto the web page to arrange a return and found that I could not do this online and I had to call to return this item, which I did immediately.

I spoke to a girl and explained the situation and that I was not happy with the product and that they looked flimsy and faulty. She said that she would arrange the return and that was that. I returned them straight away; as soon as humanly possible, in fact.

I thought that was that until this morning when a neighbour, who took the parcel in yesterday, brought the damn things back to me with the covering, and I might add, offensive letter.

 

If by capitalising the words ‘OLD USED DR DRE BEATS’ and adding that ‘you did not supply this item’ that you are insinuating that I have had any part in removing, replacing, stealing, in fact, your headphones, then I hope you have strong evidence to support this accusation. I am grossly offended by any such insinuation and deny categorically, any interference with the headphones other than already stated previously in this letter. In fact I had never seen, in the flesh, as it were, a pair of these headphones before I took delivery of yours. There was no security seal, no outer packaging (as the young lady asked me this morning when I phoned her about the sticker on the side of the box that was ticked, ‘broken seal’)

I returned them exactly as I found them. One would have to open a package to inspect goods when buying from a catalogue, as I have been doing for years and have never had a problem before.

I behaved exactly as I was supposed to, and returned them as soon as humanly possible.

I urge you to sort out this as a matter of urgency and credit my account as soon as possible. If you do not, then I will have no choice than to take further action against your company.

Regards

 

Again, i thought that would be it until this morning i have received another letter stating that

 

'Unfortunately, as explained in our previous letter, we cannot accept these goods back. it is for that reason that you are required to pay for the goods and any applicable charges. if you wish to have this item returned to you please call and arrange for this and a charge will be made for this of £3.95. we will hold the item for 6 weeks and dispose of them if no contact made and no refund given.'

 

can anyone please help me as these headphones are £170.00 i am not going to pay for something that is not right. i dealt with the situation immediately and as one should.

where do i stand please? any help very much appreciated

regards

angi

[letsmakeamark]

How did you pay for it ?

[a ross]

How did you pay for it ?

It's on credit . I haven't paid for it.

[a ross]

How did you pay for it ?

Its on credit. Terms are 20 weeks

Regards

[a ross]

Its on credit. Terms are 20 weeks

Regards

 

Hi there

Did you have any ideas on my problem with very home shopping?

I'm getting very worried

Kind regards

Angi

[ericsbrother]

I would write to them again, sending the letter by recorded delivery and head it "notice before action".

restate the points you have already made and terll them they were returned under the Sale of Goods Act. Point out that they were returned as not of merchantable quality and unfit for purpose under the SoGA. Also remind them that under the Distance Selling regulations you dont actually have to give a reason for their return and any charge for the item will result in you taking them to court under the SoGA to recover your losses. As for their charges tell them that they are unlawful but irrelevant as they are not your goods but theirs. Tell them that courts dont take kindly to accusations of fraud unless they can be proven and you await an apology for this unfounded slur on your character.

Tell them they have 14 days to respond and if you dont get a satisfactory response then come back here and you will receive advice on how to use the small claims procedure to recover your money. I hope someone at Very has the sense to pass this up the chain and you wont be charged but if you do open a dispute with the charge and take them to court without worrying about what they say.