Won't Refund Till Undelivered Goods Are Returned To 3rd Party Supplier

[LordBucketHead]

Hi,

Needed laptop quickly so online order form saying "in stock" and then £10 payment for "next day delivery" swung it.

 

Monday 26th - paid for via 'PayPal Credit' on Monday 26th.

 

Monday 26th - email confirmation from them - we've got your order.

 

Tuesday 27th - email from them - "It has left OUR warehouse today and will be with you on 28/10/202 >>

 

2 lies in the above sentence which brings total lies so far to 4 lies in 2 days

(it wasn't in stock, therefore no next day delivery, it hasn't left their warehouse, it won't be with me on the 28th)

 

A link in the Tuesday email tells me "the consignment has been sent directly from one of our suppliers" - another lie (5 lies now) neither shipped from their warehouse or supplier warehouse.

 

Another lie, no tracking information is available as the consignment ships from their supplier.

 

They initially ignore my request for tracking information. Obviously.

 

I look on Trustpilot and realise I'm dealing with the worst business I'm ever likely to deal with.

 

Thursday 29th - I'm not having this so I open a PayPal Resolution Case and the message is clear, cancel the order and refund the money.

 

Thursday 29th - I email them alerting them to the PayPal Resolution Case and making it clear the order is cancelled and refund required (and the reasons why)

 

Thursday 29th - email from them - "if it's dispatched I'll get you the tracking info and if it hasn't I have requested to cancel the order for you"

 

Friday 30th - phone call from them - we can't refund till our supplier gets their laptop back.

Their courier will deliver on Monday 2nd Nov so just refuse to accept it.

 

When they get it back we will refund you. 

 

Do I go along with this ?

Have I missed something because it doesn't add up to me ?

I have no idea who the supplier is or no contract with them.

 

 I refuse to accept the goods which I have told them email writing that I will refuse the goods

 (I don't want anything more to do with them) because the order is cancelled.

 

Am I walking into a trap potentially please.

 

Thank you for reading and for your expertise.

 

[BankFodder]

who did you order it from?

[LordBucketHead]

I'll guess you've heard of these on here before - laptopsdirect.co.uk

[BankFodder]

They would be right to insist upon its return before refunding you.

However, that assumes that it has been delivered.

 

If it is never delivered for whatever reason then the issue of its return doesn't come into question.

You have been instructed to refuse delivery.  You have that in writing I expect.

 

So refuse the delivery - it will be helpful if you can get evidence of that from the courier - and also record the conversation with your phone.

 

Then ask for the refund.

I would expect the refund within 7 days and I would even be tempted to demand the refund in a letter of claim so that if the refund had not been made within 14 days, I would go straight ahead and issue the good news.

 

You could certainly get paypal involved as soon as the rejection was made.

 

 

[LordBucketHead]

Hi BankFodder

 

Thank you for kindly Consulting me. Much obliged. 
The figure is more than £1,600 (must've taken leave of my senses).
Once done, I'll gratefully/meaningfully contribute.  

 

I don't expect it to be delivered on Monday. We'll see. Unsurprisingly the caller couldn't give any tracking information for the alleged Mon delivery. 
It wouldn't be outrageous to expect more lies. I can conceive the unnamed 3rd party supplier is a ruse to bat away awkward questions about tracking information

 

The 'instruction-to-refuse' came in a phone call from their customer services on Friday.
The call caught me on the hop & if I'd read your 'guidance-for-service-departments-phone-calls' before then I'd have been prepared.
(Argos Voice recorder arriving this afternoon)
I have nothing in writing for their instruction-to-refuse and no recorded phone call.
(note to anyone reading this: their customer services line is not free, an 03-number, national rate, typically £0.16p min)

 

Good:

I'm confident I had the right to cancel and they have acknowledged my request to cancel (?)
1) Paid for next-day-del & it remains undelivered to this day.
2) They have 'misled' me about: || it being in-stock || next day del || has been desp.from our warehouse || has been sent directly from our supplier.   
3) They have replied in email to:
   Me:   "Please cancel this order with immediate effect and refund my money"  
   Them: "I have requested the tracking information for you if this has been despatched and if not I have requested to cancel the order for you" 
4) I paid with PayPal Credit (just in case) and have an open Resolution Case. This I referenced in the email that they have replied to. 

 

Bad:
1) I didn't record the call with instruction to refuse.
2) Two text messages from them say they are investigating my order and evade the 'cancelled' word.
4) Will it ever turn up to return ?
5) What's to stop them saying their supplier (?) hasn't got their goods back - for as long as they like ?

 

I can't see any obvious way of communicating further with PayPal about this while the Resolution Case is open but they haven't replied to my seller conversation meaning I can't input anything till they reply 

 

My next job is to read your 'letter of claim' and 'good news'

thank you very much indeed for your help and advice 
 

[BankFodder]

Stand your ground.  

 

Tell them that it is cancelled.  It has not been received.  You are exercising your right to cancel as it is a distance sale - and it is now their responsibility.  Tell them that you will refuse the delivery as instructed on the  phone but you want your refund immediately.

Put all of this in a letter of claim and give them 14 days.