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! 

 

[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. 

[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. 

[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. 

[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. 
 

 

[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.