Robert Dyas missing parts in gym equipment order ..debit card dispute & return of item..

[Salford lass]

i will be doing a debit card dispute with my bank this week regarding an item purchased online that has missing parts. the company has been contacted twice regarding this and I’ve only had the “ give us 3 days to respond “. my question is once the dispute is done, what do I do with the item, thanks

[dx100uk]

you tell the supplier to send you a prepaid returns label if they want it back.

[Salford lass]

Ok thanks,what time limit would I say it needs to be picked up by (has to be courier as it’s a muti gym)

thanks

[dx100uk]

not your problem...as long as you reported this within 14 days of you physically having it....

if they want it back they have to arrange collection at their cost, else you'll start charging daily storage fees...

check their T&c's... what do they state about returns...??

[Salford lass]

I reported it via online the same day it was delivered, got an automated reply saying they would be in touch within 3 working days…

5 days later I got them on twitter and they sent another reply saying sorry it’s taking long we will be in touch soon,

another 5 days later I got “due to the hot weather our customer services are taking longer than expected “..that was 3 days ago

tomorrow I’m going to start the dispute, once I’ve done it I will email them telling them to come and collect it within 5 working days or it’s going to scrap.

Does this seem fair and legal ?

Thanks 

[theberengersniper]

On 26/06/2023 at 02:30, Salford lass said:

Does this seem fair and legal?

It doesn't seem either of those things really. I understand it's frustrating, but large companies move slowly (despite their own '3 days' statement) and these sorts of issues are dealt with by people who really don't care about you or me.

If you end up getting your money back, either via the bank or via the vendor, you're not entitled to keep or dispose of their property on your own initiative. You may open yourself up to a claim of unjust enrichment if you do that.

If you're going to take that approach, I would advise them in writing at their head office, recorded delivery, giving all relevant details to help them identify you and your order, that you will consider the item abandoned and subject to disposal if they do not make contact with you to make arrangements for collection within 14 days, and I would count that 14 days from the point at which you can confirm the letter is received by their head office.

Frustrating as it is, I wouldn't say you can realistically try to hold them to a timeline you already know they won't meet.

[Salford lass]

Thank you ..much appreciated 

[Salford lass]

***update***

sent the letter special delivery and it was signed for 2 weeks ago yesterday…can I now dispose of the item ? I’ve had no response in regards to them collecting it but had an email on the 3rd July saying they are looking into the missing parts

i did a debit card dispute with the bank on the 27th June and it went in my favour 

 

[BankFodder]

Please can you post   up the text of the letter which you sent.

How are you proposing to dispose of the parts 

 

[Salford lass]

Shared

~ 97% (

Ad

0-

о-

27/6/23

Manchester

Email

Order number

Description-homcom muti home gym machine with 45 kg weight stack

Item received on 9/6/23

1st contact with you on 9/6/23 to report missing parts

Auto generated email received saying you would be in touch in 72 hours

You made no contact

Contacted you via twitter on 12/6/23

Received another auto generated email on 13/6/23

No attempt was made by yourselves to rectify this situation

I'm giving you 14 days from receipt of this letter for you to arrange collection of your goods.After this date I will consider this item to have been abandoned and I myself will arrange it's disposal

Regards

 

and I would be giving it to scrappers 

thanks

[jk2054]

Yes you can dispose of the goods.

 

 

[dx100uk]

urm..be careful..thats not necessarily true..

 

dx

[jk2054]

ok you hold the goods indefintely until they (don't) respond to you

[Salford lass]

It’s still here,4 weeks later….what am I to do…it’s 3 large boxes lying up the stairs

 

[jk2054]

how many weeks since you first notified them?

[Salford lass]

I first notified them of an issue with the item on 9th June and I sent the letter telling them to come and collect it on 29th June and they received it on 30th June 

[jk2054]

when you chargedback if you filed it as damaged/not as described did your bank not ask you to return the goods? Out of interest when was the chargeback raised and when was it resolved?

 

If you didnt file it as that what did you file it as?

 

I'll be able to give a better answer once I know what category your chargeback was

 

 

[Salford lass]

It was a debit card dispute and was raised on 28th June ,the money was returned to my accounts immediately and the bank didn’t advise about returning the item

[jk2054]

what bank please?

[Salford lass]

Lloyds

[jk2054]

Did you get a text/email regarding this? If so please can you post a redacted version hiding any personal information/reference numbers.

[Salford lass]

No I didn’t get anything..they said if the company challenges it and claws it back they would send a letter,I check a statement every week and so far they haven’t clawed it back

[dx100uk]

36 minutes ago, Salford lass said:

It was a debit card dispute and was raised on 28th June ,the money was returned to my accounts immediately and the bank didn’t advise about returning the item

as they wont, not their bag.

 

dx

 

[jk2054]

Ah ok -  Just for your reference then you haven't won the dispute.

Your bank has awarded you what's known in the industry as a "Temporary refund/credit."  This is the bank's money that they give you so that you're not out of pocket whilst the bank tries to resolve the matter. If your charegback is successfull, the retailer's bank will be forced to hand over the funds to your card issuer (visa/mastercard etc) who will then hand the funds to your bank. Your bank will then keep these funds, and this essentially acts as a reimbursment for your bank for the funds that they gave you. 

If the dispute is decided in the company's favour then your bank will take back the temporary refund they gave you as they won't have been able to reclaim the money from the retailer. This means that your bank wont lose money in the case of an unsuccesfull debit card dispute.

As someone who works on charegbacks for another bank, the vast majority of disputes are upheld, but some are not. For reference chargebacks normally take 30-60 days however they can take up to 240.

However this changes your situation quite a lot. My guess is that robert dyas are waiting for the outcome of the dispute. If they win the dispute, it's likely they wont respond to you at all, if they lose it then they may try to collect the goods back.

I'd also point out that because chargebacks are often handled by a team higher than generic customer service, it is likely that the customer service are simply told to not respond to your case whilst a chargeback is occurring.

This is common within some companies as chargebacks are very technical from a company response standpoint as there are rules set out by mastercard and the company is required to prove beyond all doubt that they abided by these rules to win. If they can't prove it beyond all doubt they lose.

 I would however point out that robert dyas are part of Retail ADR (a type of medation service). I would therefore recommend you to file a claim with retail ADR for this. This will give robert dyas 30 days (from the date your complaint is accpeted) to provide a response. When they respond you will be able to see what their plan/tactics are and where they plan on going with your case.

You should of course point out that the goods are faulty and they did not respond to you to provide assistance with the damaged part etc. However the point of filing this claim will be that you are able to see what Robert Dyas plan /response is. This service is free and should give you an answer as to why they have done nothing to resolve the situation. If you file i would recommend you to not mention that you filed a chargeback

The only reason I advise this is that if your chargeback is not upheld for whatever reason, you will not only have another means of recourse on robert dyas, but also it is likely in their response that they will tell you if they are going to collect the damaged goods or not.

Any questions please let me know

Sorry to be clear since you've not won your dispute, I dont recommend disposing of the goods at this point

[dx100uk]

depending where you got the item from some company's have a clause in their returns policy advising you that you must keep the item safe until they can arrange collection and that the item remains the property of the said company until it is returned, (potentially meaning they could take legal action if you unlawfully dispose of the their goods.)

i already advised earlier what you needed to do...

On 26/06/2023 at 02:01, dx100uk said:

if they want it back they have to arrange collection at their cost, else you'll start charging daily storage fees...

check their T&c's... what do they state about returns...??

and 

On 26/06/2023 at 14:14, theberengersniper said:

If you end up getting your money back, either via the bank or via the vendor, you're not entitled to keep or dispose of their property on your own initiative. You may open yourself up to a claim of unjust enrichment if you do that.

If you're going to take that approach, I would advise them in writing at their head office, recorded delivery, giving all relevant details to help them identify you and your order, that you will consider the item abandoned and subject to disposal if they do not make contact with you to make arrangements for collection within 14 days, and I would count that 14 days from the point at which you can confirm the letter is received by their head office.

Frustrating as it is, I wouldn't say you can realistically try to hold them to a timeline you already know they won't meet.

so you need to WRITE to them stating that from date xxx you will be charging them £ per day storage costs until collected.