Returning clothes Watch

Leahmitch
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So I bought these jeans from rebellious fashion for £15 and paid delivery for £3.99
When the jeans came they did not look like the picture so I tried to return them. Rebellious fashion charges your £2.50 to return items, the money is deducted from your refund and you also lose the £3.99 you paid for postage. So basically if I tried to return the jeans I’d lose out on £6 something. Should I just keep them and sell them or return them and lose out of £6?
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sammyj97
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If you still have time left before you have to return them, try selling them on eBay?
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Reality Check
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(Original post by Leahmitch)
So I bought these jeans from rebellious fashion for £15 and paid delivery for £3.99
When the jeans came they did not look like the picture so I tried to return them. Rebellious fashion charges your £2.50 to return items, the money is deducted from your refund and you also lose the £3.99 you paid for postage. So basically if I tried to return the jeans I’d lose out on £6 something. Should I just keep them and sell them or return them and lose out of £6?
You have a legal right to return items bought online within 14 days of delivery (note, delivery, not order date). You must receive a full refund plus outward postage that you paid. So £18.99 refund. Unless the item is faulty, you would have to pay return postage.

You'd need to tell them that you were cancelling the order under the Consumer Contracts regulations. You don't need to give a reason. The item then needs to be sent back within 14 days of your cancellation date.

Did you receive the items less than 14 days ago?
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Leahmitch
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(Original post by Reality Check)
You have a legal right to return items bought online within 14 days of delivery (note, delivery, not order date). You must receive a full refund plus outward postage that you paid. So £18.99 refund. Unless the item is faulty, you would have to pay return postage.

You'd need to tell them that you were cancelling the order under the Consumer Contracts regulations. You don't need to give a reason. The item then needs to be sent back within 14 days of your cancellation date.

Did you receive the items less than 14 days ago?
I’ve spoke to them and read their entire returns policy and all it says that I get charged £2.50 and they don’t refund me for any delivery postage’s.

But I received the item of Thursday
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Leahmitch
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(Original post by sammyj97)
If you still have time left before you have to return them, try selling them on eBay?
They’re on sale at the moment so I wanted to sell it when the jeans when back to their original price so that way I could less the jeans for how much I paid for them
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Reality Check
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(Original post by Leahmitch)
I’ve spoke to them and read their entire returns policy and all it says that I get charged £2.50 and they don’t refund me for any delivery postage’s.

But I received the item of Thursday
Their 'returns policy' is irrelevant. The information I've given you is the law - they don't get to pick and choose whether or not to comply. Poor companies try to hide consumer rights from consumers, knowing that most people either won't look, or won't bother making a fuss.

If you received the item on Thursday, you're within your statutory period of being able to reject the goods and receive a full refund. I suggest you email their customer services, copying yourself in, with a clear statement that you are rejecting the goods and cancelling the order. Then just send the item back to them,making sure you get a certificate of posting. You must receive the refund 14 days after their receiving the item back (so you need to send it by a tracked method). Keep an eye on the tracking so you know when they've received it, and the make sure you get your refund on time.

Ultimately, you may have a fight on your hands to get your money back, but they have no legal right to deny you it. It depends on whether you can be bothered with the hassle or not. Personally, I would - for the principle of it.
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Leahmitch
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(Original post by Reality Check)
Their 'returns policy' is irrelevant. The information I've given you is the law - they don't get to pick and choose whether or not to comply. Poor companies try to hide consumer rights from consumers, knowing that most people either won't look, or won't bother making a fuss.

If you received the item on Thursday, you're within your statutory period of being able to reject the goods and receive a full refund. I suggest you email their customer services, copying yourself in, with a clear statement that you are rejecting the goods and cancelling the order. Then just send the item back to them,making sure you get a certificate of posting. You must receive the refund 14 days after their receiving the item back (so you need to send it by a tracked method). Keep an eye on the tracking so you know when they've received it, and the make sure you get your refund on time.

Ultimately, you may have a fight on your hands to get your money back, but they have no legal right to deny you it. It depends on whether you can be bothered with the hassle or not. Personally, I would - for the principle of it.
Thank you so much for telling me this🙌🏾🙌🏾

One problem tho, what if they agree to giving me the full refund and then after they receive the item, then give me around £12
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Reality Check
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(Original post by Leahmitch)
Thank you so much for telling me this🙌🏾🙌🏾

One problem tho, what if they agree to giving me the full refund and then after they receive the item, then give me around £12
You're welcome

If you get a refund for anything less that the £15 purchase price plus your outward postage of £3.99 you have a complaint. And you will probably have to complain, because they'll 'forget' to give you your outward postage back. This is why you need to be really clear on your email that you are exercising your legal right to cancel the order within fourteen days of delivery under the Consumer Contracts Regulations. Put in the email that you expect to receive a refund of your outward postage in addition to the purchase price of the item, as per the legislation. Again, you may need to put up a fight, but they will back down if they think you're not going to let it drop.

The only way they could legally reduce the value of your refund is if you've handled the items unreasonably. 'Reasonable' handling would be the sort of handling you'd do in a shop in order to inspect the goods prior to buying them. So taking them out of their packaging, unfolding them and trying them on is fine; wearing them for a night out and getting red wine down them, not so much

Go get your money back from the cowboys!
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Reality Check
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PS: there's a good summary of the legislation by the consumer rights organisation 'Which'. You can find it here, and a link to the actual legislation is here
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Leahmitch
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(Original post by Reality Check)
You're welcome

If you get a refund for anything less that the £15 purchase price plus your outward postage of £3.99 you have a complaint. And you will probably have to complain, because they'll 'forget' to give you your outward postage back. This is why you need to be really clear on your email that you are exercising your legal right to cancel the order within fourteen days of delivery under the Consumer Contracts Regulations. Put in the email that you expect to receive a refund of your outward postage in addition to the purchase price of the item, as per the legislation. Again, you may need to put up a fight, but they will back down if they think you're not going to let it drop.

The only way they could legally reduce the value of your refund is if you've handled the items unreasonably. 'Reasonable' handling would be the sort of handling you'd do in a shop in order to inspect the goods prior to buying them. So taking them out of their packaging, unfolding them and trying them on is fine; wearing them for a night out and getting red wine down them, not so much

Go get your money back from the cowboys!
Thank you again. I’ll send them an email now
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Reality Check
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(Original post by Leahmitch)
Thank you again. I’ll send them an email now
Post back and let me know how it goes. I always like to hear when unscrupulous online retailers are forced to back down.
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Leahmitch
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(Original post by Reality Check)
Post back and let me know how it goes. I always like to hear when unscrupulous online retailers are forced to back down.
Hey, I was able to get a full refund from I saw it first once I mention the consumer contract regulations, however rebellious fashion are not willing to do the same.

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(Original post by Leahmitch)
Hey, I was able to get a full refund from I saw it first once I mention the consumer contract regulations, however rebellious fashion are not willing to do the same.

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Notoriety - a lovely example of a company which is fully aware of relevant legislation but flagrantly disregards it.

Leahmitch - this is a lovely green light for you to issue them with a Letter Before Action. It is not in Ellie's gift to ignore consumer legislation, and their returns policy is irrelevant. I would ask her to pass your email on to her Manager, pointing out to her as you do so that she is not entitled to withhold your refund. I would also mention in your email that you are not prepared to let the matter drop, even though the amount claimed is small, and you are prepared to issue a claim in the County Court (via Moneyclaim online) if the company continues to disregard the legislation applicable to it. I would give them a 10-day deadline to issue your refund.
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Leahmitch
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(Original post by Reality Check)
Notoriety - a lovely example of a company which is fully aware of relevant legislation but flagrantly disregards it.

Leahmitch - this is a lovely green light for you to issue them with a Letter Before Action. It is not in Ellie's gift to ignore consumer legislation, and their returns policy is irrelevant. I would ask her to pass your email on to her Manager, pointing out to her as you do so that she is not entitled to withhold your refund. I would also mention in your email that you are not prepared to let the matter drop, even though the amount claimed is small, and you are prepared to issue a claim in the County Court (via Moneyclaim online) if the company continues to disregard the legislation applicable to it. I would give them a 10-day deadline to issue your refund.
What is a letter before action? Do I have to write them a letter or just an email?
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(Original post by Leahmitch)
What is a letter before action? Do I have to write them a letter or just an email?
An email is fine. Copy yourself into it as a c.c. - you might also want to follow it up with a letter in the post, but this isn't strictly necessary.

A Letter Before Action is a step you need to complete in order to inform the company that you intend to take legal action against them. You need to put your complaint in it, the action you require (eg a full refund including the postage) and the legislation which you're relying on which mandates that your refund must be made (CCR). You should also mention this email from Ellie, which has no legal force and shouldn't have been sent. It is usual to end with something along the lines of 'unless a full refund of £XXX is received by *insert date 14 days from today*, I issue a claim in the County Court to recover my money, plus costs and statutory interest.
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Leahmitch
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(Original post by Reality Check)
An email is fine. Copy yourself into it as a c.c. - you might also want to follow it up with a letter in the post, but this isn't strictly necessary.

A Letter Before Action is a step you need to complete in order to inform the company that you intend to take legal action against them. You need to put your complaint in it, the action you require (eg a full refund including the postage) and the legislation which you're relying on which mandates that your refund must be made (CCR). You should also mention this email from Ellie, which has no legal force and shouldn't have been sent. It is usual to end with something along the lines of 'unless a full refund of £XXX is received by *insert date 14 days from today*, I issue a claim in the County Court to recover my money, plus costs and statutory interest.
Thank you
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Notoriety
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(Original post by Reality Check)
Notoriety - a lovely example of a company which is fully aware of relevant legislation but flagrantly disregards it.

Leahmitch - this is a lovely green light for you to issue them with a Letter Before Action. It is not in Ellie's gift to ignore consumer legislation, and their returns policy is irrelevant. I would ask her to pass your email on to her Manager, pointing out to her as you do so that she is not entitled to withhold your refund. I would also mention in your email that you are not prepared to let the matter drop, even though the amount claimed is small, and you are prepared to issue a claim in the County Court (via Moneyclaim online) if the company continues to disregard the legislation applicable to it. I would give them a 10-day deadline to issue your refund.
Really weird that they openly admit it. I wonder if this is a trainee, or someone who just ain't bright?

I would probably just escalate it within the company to get it resolved, before thinking of suing. Might get some extra pennies if middle-management corrects it?

nulli tertius would contacting CMA be a good idea, so to give the company a stern telling-off? Obviously the practice needs to end for all customers dealing with the company, not just for OP.
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Reality Check
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(Original post by Notoriety)
Really weird that they openly admit it. I wonder if this is a trainee, or someone who just ain't bright?

I would probably just escalate it within the company to get it resolved, before thinking of suing. Might get some extra pennies if middle-management corrects it?

nulli tertius would contacting CMA be a good idea, so to give the company a stern telling-off? Obviously the practice needs to end for all customers dealing with the company, not just for OP.
Isn't it?! I think it must be a customer service drone with -1 BTEC who can only see 'our policy', but it makes you wonder, doesn't it?

I'd always recommend she escalate it, hence asking Ellie to send it to her manager. I would have hoped it doesn't need to reach MoneyClaim online... and as you say, she might get a fiver for her hassle, even if just in a voucher form.

Good idea about CMA - hadn't thought of that.
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nulli tertius
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(Original post by Notoriety)
Really weird that they openly admit it. I wonder if this is a trainee, or someone who just ain't bright?

I would probably just escalate it within the company to get it resolved, before thinking of suing. Might get some extra pennies if middle-management corrects it?

nulli tertius would contacting CMA be a good idea, so to give the company a stern telling-off? Obviously the practice needs to end for all customers dealing with the company, not just for OP.
Citizens Advice now run the portal for trading standards complaints

https://www.citizensadvice.org.uk/co...onsumer-issue/

Rebellious Fashion also subscribe to a complaints resolution service

https://www.resolver.co.uk/complaints/shops-complaints
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Leahmitch
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(Original post by Reality Check)
Isn't it?! I think it must be a customer service drone with -1 BTEC who can only see 'our policy', but it makes you wonder, doesn't it?

I'd always recommend she escalate it, hence asking Ellie to send it to her manager. I would have hoped it doesn't need to reach MoneyClaim online... and as you say, she might get a fiver for her hassle, even if just in a voucher form.

Good idea about CMA - hadn't thought of that.
Update, rebellious fashion is refunding my original postage however if I use their return label I will still be charged £2.50. Does the CCR allow me to claim back the money I get charged for using their return postage?
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