Shop Direct Late Payment Plight

[fkofilee]

This is a long one but I need some help for a family member. 

 

Ordered shoes from Very - £27 (Inc £5 Postage)  Were ordered as a size 9 -  The item was delivered and it was incorrectly sent as a size 8. 

Family member sent back the item under Shop Direct;s Policy as an error on their part.

 

They refunded the item but not postage. 

Today family member sees 2 month late payment markers on Noddle (Same on other CRAs probably) 

They are close to defaulting the account for £5 and my brother has paid this. 

 

Dilemma - The CRAs must report factual information as required - However this issue has been caused by Very's Incompetence. 

My understanding from CRA 2015 and FOS Findings is that if an error is caused - The company must put the customer back in a situation before the purchase occurred. 

This includes correcting any markers due to their error. This item shouldnt have shipped in the first place if the size was determined to be wrong. 

 

Also understand that even though it was overturned - Durkin vs DSGR had an award to Durkin due to the difference in the amount of INT he would pay?

 

I need some advice as its not clear what stance should be taken. This is a CEO complaint no doubt but he only 3 things i see happening are

 

1 - SD agree to refund and remove info

2 - SD refuse and it goes to the FOS for their determination

3 - SD refuse and court action ensues.

 

Suggestions / Any case law that can be used or something ive missed?

 

[dx100uk]

cant charge you postage on returned items not as described.

 

must remove late payment markers ans zero the balance.

 

shop direct jnow this as i' m pretty sure there is a win here before with them.

 

dx

[fkofilee]

See thats what I thought... I want to structure the relevant legislation into a letter... 

 

Can you remember what we have that could help? I know we have section 75 thread but can't find anything else

[AndyOrch]

Its click and collect free ... Delivery to a local Collect+ store, or Post Office (on selected lines only) usually within 1 day. 

 

Standard Delivery fee is £3.99 or £4.99 Nominated day.

 

https://www.very.co.uk/web/en/next-day-delivery.page

[fkofilee]

He needed to get it delivered... He was charged delivery. 

They were returned because the shoes were too small and he wasnt able to wear them. But this isnt a judge on whether the item fitted him or not. 

 

SD sent the wrong size - Even the confirmation email said size 9 when he bought them - They sent him a size 8 Andyorch

[AndyOrch]

Will you refund my delivery charge?

 

We will refund the delivery charge where there all the goods in an order are faulty. We will refund the standard delivery charge if you cancel your order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations. Please view our Returns Policy for a full explanation of your rights when returning goods.

 

https://www.very.co.uk/help/en/online-help-system.page#help-returns?Returns policy

[fkofilee]

Thanks Andy -- Their complaints team contacted him back and agreed that this is not his fault. 

They are looking to resolve it but wont compensate him for their error. 

I believe compensation is due on this because it has affected his credit rating.