Shop Direct ongoing nightmare

[Honeybun1989]

I returned goods to Very (shop direct group) total value £1100 in December last year.

I provided proof of returns when the items apparently went missing.

 

Very claim the return codes I provided were used to return other goods.

The problem seems to be a returns number is used for each parcel not each item,

therefore as there is usually multiple items in each parcel delivered and returned

I have no way to prove the missing items we're in those parcels.

 

 

The parcels are collected from home by courier and pass through different depts before reaching very returns centre.

I took this matter to the ombudsman who decided after many weeks that we would probably never know what happened to the items

but we would still be liable to pay.

 

 

I have been a customer with very for over 8 years and spent many thousands of pounds and feel I have been treated appallingly.

 

 

Can anyone advise what I should do next?

Edited August 3, 2015 by Honeybun1989

[Bazooka Boo]

So you have proof of sending the items back, and they use their own courier?

 

Then IMO they should be asking their courier to reimburse them, it is ridiculous to send each item back individually!

 

I wouldn't even offer to pay for the missing items, if they demand it, then close your account and go elsewhere.

 

You could write to them and inform them of your loyalty over the years, not that they will care, you're just profit to them.

Or contact the CEO.

[Honeybun1989]

Thanks for your response .. I do have the proof of returns, the problem is they say it corresponds with other returned items (as I said, as there is more than one item in the returned parcel)

There couriers are supplied by Yodel .. I have sent many, many e mails and contacted their customer excellence team.

The trouble is, they won't close the account until I have paid for the missing items and say the will put a default on my credit file and pursue me for the payment ..

[Bazooka Boo]

customer excellence team.

 

That made me chuckle!

 

So how far into their 'excellent' complaints procedure are you?

 

Who cares if they won't close the account, the fact is their courier, or their staff, lost the items you returned, you have proof that you returned them,

albeit in the same parcel.

 

Does it say that it is your responsibility to ensure items are returned individually anywhere in the T&C's?

[Honeybun1989]

Lol!! Me too

 

They sent me a final report and said as far as they were concerned the matter was closed and we had to pay.

They advised if I was unhappy to contact the ombudsman, which I did. The ombudsman after many weeks decided there was nothing they could do.

There is nothing in the T&C's that say items have to be returned individually.

In one of the e mails from the ombudsman they clarified that shop direct had admitted they only provide 1 receipt per parcel and not per item.

 

Thank you so much for taking the time to respond, this has really been a nightmare and has caused me so much stress

[Bazooka Boo]

There is nothing in the T&C's that say items have to be returned individually.

In one of the e mails from the ombudsman they clarified that shop direct had admitted they only provide 1 receipt per parcel and not per item.

 

There you go then, you've answered it...

 

They don't and won't have a leg to stand on IMO.

 

Pay them nothing, and AFAIK the ombudsman's decision isn't legally binding? But someone will put me right if that's incorrect...

No I'm wrong!!!

It appears it is but ONLY if you agree with it....http://www.financial-ombudsman.org.uk/publications/factsheets/final_decision.pdf

 

I'd still dispute their findings.

[Honeybun1989]

Thank you so much for that ..

When I purchased the items, they were purchased on a BNPL agreement (over 12 months) now they have been returned and I shouldn't owe them any money.

The problems will start at the end of October when the money would have been due. I've been told by shop direct that they will add interest and late payment charges until the balance is clear.

 

I'm of the same opinion as you, I'm just not sure how to proceed further ..

 

Thanks again, you've been a great help!!

[Bazooka Boo]

I've been told by shop direct that they will add interest and late payment charges until the balance is clear.

 

Let them, you won't be paying them!

 

If you don't owe them anything now then I'd vote with my feet.

 

However the dilemma comes when they attempt taking payments for items you don't own, they then act like petulant little children

and start marking credit files and sending out reams of deforestation in an attempt to intimidate you into paying money you don't owe.

 

So you've got nigh on 12 weeks to get this sorted, I'd start with going back to the FOS and telling them that you are not happy with their decision and want it looking at again.

I'd also be emailing the CEO of shop direct and having them look at their ridiculous returns policy, you'll probably

get more mileage out of the CEO, that is if they're bothered about their customers.

 

Aside from that good ole BBC Watchdog, and the British media/press...

 

http://www.ceoemail.com/index-search.php

 

https://ssl.bbc.co.uk/programmes/b006mg74/contact

[Honeybun1989]

I do have an outstanding balance with shop direct, but that will be cleared very soon.

I did tell the FOS I was unhappy with their decision, unfortunately that got me nowhere. Shop direct have a dedicated team that deal with FOS complaints (that says a lot)

I did e mail the CEO but unfortunately that was passed straight to the customer excellence department.

My best bet may be to contact watchdog.

 

Once again, many thanks

[Bazooka Boo]

Shop direct have a dedicated team that deal with FOS complaints (that says a lot)

Speaks volumes!!!

[Honeybun1989]

I tried to contact the CEO of shop direct and again it was passed to the customer excellence team.

I wondered if it would be best to take this to the small claims court, would I have to pay the amount they allege I owe and then try to recover it?

[SabreSheep]

I do not think you would need to pay and then go to small claims.

 

They have registered this amount to your account. You shoudl sue in the small claims for the amount and any fees and interest charged on it.

 

They will of course say that you have not paid that amount.

 

Your counter argument is they have declared it as a debt in your name and therefore the amount you claim can be used to offset the debt.

[Honeybun1989]

Thank you so much for your response. I really appreciate all the help you have give me.

If it's not too cheeky could I ask for your help with how to word the claim?

[citizenB]

There you go then, you've answered it...

 

They don't and won't have a leg to stand on IMO.

 

Pay them nothing, and AFAIK the ombudsman's decision isn't legally binding? But someone will put me right if that's incorrect...

No I'm wrong!!!

It appears it is but ONLY if you agree with it....http://www.financial-ombudsman.org.uk/publications/factsheets/final_decision.pdf

 

I'd still dispute their findings.

 

Any Ombudsman decision is binding on the company but not on the consumer.

 

Honeybun, was the decision you received, from a first tier adjudicator or an Ombudsman proper ? If it was an adjudicator decision, you should reject it and insist that your complaint is escalated to an Ombudsman. You can add to your complaint if you feel that it has been misunderstood.

 

And yes, should it get to the stage where a claim is issued or you want to issue a claim against the company, we can help you

[Honeybun1989]

I was sent a report on the 23rd of June saying the complaint would not be upheld .. It is signed with the persons name, then adjudicator FOS

I was told the case was now closed so assumed I could take it no further with them.

 

Many thanks for your help

[Honeybun1989]

I was sent a report on the 23rd of June saying the complaint would not be upheld .. It is signed with the persons name, then adjudicator FOS

I was told the case was now closed so assumed I could take it no further with them.

 

Many thanks for your help

[Honeybun1989]

Hi,

 

Could anyone advise the best way to proceed?

[Bazooka Boo]

Without sight of that letter it's hard to advise.

 

Read it again, does it mean that the complaint you had regarding SD isn't upheld and is now closed?

 

I doubt it means that you cannot make a complaint about the FOS service.

[Honeybun1989]

Thank you ..

I have copied a part of the e mail below, I hope this helps ..

 

I have now concluded my investigation and cannot uphold your complaint with Shop Direct.

I am sorry there is nothing further I can do to help. This complaint has now been closed, but if you would like to discuss this claim with me again or have any questions get in touch with me again over the next few days ..

 

Name

Adjudicator

FOS

[Honeybun1989]

Sorry, forgot to say the e mail was sent by the FOS on the 23rd of June ..

[Honeybun1989]

Just checking to see if anyone can advise the best way for me to proceed?

 

I was considering going ahead and taking this to the small claims court.

Any advice would be greatly appreciated ..

[Honeybun1989]

Just checking to see if anyone can advise the best way for me to proceed?

 

I was considering going ahead and taking this to the small claims court.

Any advice would be greatly appreciated ..

[Bazooka Boo]

Relax, there is no rush, others will advise in good time.

I'll go back over the whole thread and see if (IMO) any things been missed.

 

Give this a bump tomorrow when I'm in a better frame of mind, but you should complain too the FOS about the FOS, inform them that they always side with the corporation, and never with the consumer therefore you feel their ''investigation'' biased, one sided & holds zero legal merit.

[Honeybun1989]

Hi,

After the advice I had been given, I asked the adjudicator to pass the case on to the ombudsman ..

I have received a reply from them saying they do not uphold my complaint.

Is my only option to take this to the small claims court? What would happen if they don't uphold the complaint either?

 

Thank you