online retailer is charging £100 postage costs for an unused wheelchair returned within 14 days - Unscrupulous company

[Annietwo]

A family member bought a high value item (£500) from an online retailer. She checked out the online reviews and the company looked legit but there has been quite a few issues. Wonder if anyone can help?

In brief, the item wasn’t suitable and upon checking it she decided she’d like to send it back. She contacted the company (within 14 days) and then arranged a courier to return it. Upon receipt, company confirmed in email that the item was returned to them ‘new and un-used’ minus the fact that the box had been opened and re-sealed. 
 

The company was slow to give refund (nearly 4 weeks) and when they did they’d deducted £100 from the refund which they said was for their original postage costs (it was a heavy item!). Relative checked consumer law websites and everywhere seems to say that if it’s not a bespoke item (it wasn’t) and the item is returned undamaged, then a full refund must be given. Raised this with the company but they just said ‘No, we’re entitled to keep this and this is our final word’.

Relative then went to her credit card company and requested a chargeback. The company then wrote a letter to my relative and said if she did not withdraw the chargeback they would take legal action. Relative sent registered letter back and said ‘If you think your actions are in line with the law, you should give your reasons directly to the credit card company and they will make a decision’

A few weeks ago relative receives their rebuttal (sent to her by the credit card company) and the company is now claiming the item was returned to them damaged and showing signs of excessive use. This is despite them sending their very own report to my relative saying that it arrived ‘new and un-used’. 

Relative has now responded to credit card company, sent them the email which says the item was returned un-used and says that under Consumer Contracts Regs she believes she is entitled to a full refund.

Sorry for long post but if credit card company rules in her favour, is there legally any further action the company could take? They could go to small claims court I guess but then if they’ve broken consumer law to begin with, I can only guess that would be a huge waste of time and money.

Alas, we’ve now spotted that the trading name of the company was changed not long before she bought the item and the reviews for the previous name are endless…people claiming they are fraudsters etc! 

 

[honeybee13]

Hello, welcome to CAG. 

I think we'll be able to help better if you tell us the name of the company please. 

Best, HB

[BankFodder]

And in addition to the name of the company requested by my site team colleague above, please will you give us information about the item, dates, price,.

At least that lot

[Annietwo]

Hi! Afraid I wouldn’t be comfortable publicly sharing the name (especially as they have threatened legal action).

But this saga first began around July and it was a wheelchair costing £499. 

[BankFodder]

We have other people who come to this forum and for some reason or other are frightened of naming the company that they are talking about. There is absolutely no downside.

If you wanted to give you the proper help and support that you need then you should give us all information that we are asking for.

In fact naming the company is more likely to help you because first of all if the company knows that they are being discussed then they are much more likely to be concerned about the reputation and to want to do something. Secondly, they could be other people who recognise the company because they have the same problem and they are more likely to step forward and give you support and also feel encouraged themselves.

You are allowing yourself to be bullied by some company. You should start to take control of your situation instead of simply being a victim.

Name the company and then we can go forward and give you more help.

Also, when we are talking about dates we are talking about exact dates – not generalities such as "around July". 

Also what is the name of the credit card company – and there is no need to protect them either

[Annietwo]

Hello

My relative is vulnerable and I don’t wish to put her at any risk. I don’t think that’s  choosing to be a victim, I think it’s sensible. However if naming the company is essential to the forum then I will leave it. But thank you anyway. 

[BankFodder]

It's up to you. Naming the company would be in your vulnerable relatives best interests. If they really have threatened a legal action and it is unjustified – and it sounds that way – then there is also the issue of aggressive unfair training.

 

[Annietwo]

I do absolutely see your point. If it were a large national chain there wouldn’t be an issue and I’d happily ‘name and Shane’ but it’s an independent online retailer and their messages have been quite rude and aggressive, hence the alarm. 

[jk2054]

Can you name the item as it's shown on their website?

[dx100uk]

 

there is no risk at all just because they are threatening legal action, will make no odds .

you need to look at their terms and conditions (as we cant cause you are playing silly secret squirrel ) to see if they state they will charge for postage (which is quite normal) for returned non faulty items within 14 days seeking a full refund.

if there was nothing wrong with the item and the retailer was not previously informed of her intended that was not met in her eyes by the product, you may not be entitled to a full refund, they can charge postage.

dx

[dx100uk]

thread title updated

[Annietwo]

I’m not ‘utterly stupid’ and am actually worried about what the company (who have my relative’s address) and its representatives are capable of.

This forum isn’t what I thought it was and so I’ve asked for this to be deleted. 

A little bit of empathy/compassion would have gone a long way. 
 

 

[jk2054]

revealing a companys address isnt illegal.
We’re here to help but your trying to tell us your at risk if you name the company?

That simply isnt true.

All they seem capable of to me is defrauding and threatening people and thats about it!

Not sure what your worried about but if you dont want us to help then i wish you the best.

Edited November 4, 2023 by jk2054

[BankFodder]

Yes maybe the comment above which I have now removed was rather harsh although I'm afraid that we do get a bit frustrated with people who think that they are putting themselves in danger by naming the companies that are bullying them.

If you come to us for help and we give you the best help on the internet but you do have to disclose the information that we need to give you the best opportunity.

 

[dx100uk]

 i would expect via their T&C's that they will state they are entitled to charge return postage for items being returned for a full refund that are not faulty, and under consumer law etc they are entitled too... but thats not £100!!

not sure where you read other wise that they cannot......

the section 75 reclaim with the credit card company (its not chargeback) should hold ok for you as they are equally responsible under the consumer credit act, so thus cant allow the company to charge £100 return postage and the card company will not allow them to reverse it and will most probably side with you

. but its this new lie of it being damaged?

[Annietwo]

Thanks everyone and thank you BankFodder for your message!

I misunderstood the purpose of CAG and realise now that it’s less about getting anonymous advice but more about getting a group of people who will help you fight it. I do really appreciate that!

I promise I’m not trying to be a secret squirrel. There are genuine concerns about the ethics of the company and I would worry that by sharing publicly, relative would then get more horrible emails (even though we’ve asked them to stop emailing). 

Anyway, I will give it some thought and I do genuinely appreciate what you’re trying to do. 
 

 

[Nicky Boy]

Hi Annie,

I must echo my site colleagues frustration at your circumstances.

Without knowing how "aggressive" the suppliers communications are, but if your relative feels intimidated by them, this sounds like a situation which should be reported to the police.

Just a thought... perhaps you could send a private mail to BankFodder naming the supplier in total confidence?

Be assured that it will not be published without your go ahead.

CAG have been around quite a number of years, and we may already have information, or contacts with information about the company involved.

All the best.