Onesgroup.co.uk - online order - Told wrong delivery date - what are my rights to return/cancel

[MrMajeika]

I ordered a spare car part last Friday.

I spoke to someone on the phone saying that the estimated delivery date will be 22nd-24th August.

Tuesday I receive an email from customer service asking to confirm the part no. so the order could be processed. I had already done this on the phone and assumed it was all sorted.

The next day I received an email saying its been processed and is expected 3rd September.  I need it before then and I have emailed and called but I can't get hold of anyone. The delivery just said standard UK delivery £12 so I didn't expect it to take this long. 

I've found somewhere else to buy it next day delivery and I'm thinking if I can get hold off this company to cancel my order or send it back when it arrives.

What rights do I have?

It says returns subject to 20% handling fee at the managers discretion. 

If I order the other part I've found might I have trouble getting my money back? 

[honeybee13]

Hello, welcome to CAG.

Could you tell us who the retailer is please? We may know of them.

Best, HB

[MrMajeika]

Onesgroup.co.uk 

[honeybee13]

These people?

Ones Group

ONESGROUP.CO.UK

---

Replacement New & Used Parts

HB

[MrMajeika]

Yes that's them

[BankFodder]

This is an online purchase. You have 14 days from the date of satisfactory delivery of the item to return it and to demand a refund whatever the reason.
Because the item has even been delivered, you are entitled to cancel the order straightaway and demand a refund.
Contact them by email immediately. Tell them that you have tried to contact them but to no avail but that you are now cancelling the order and you expect a refund.

No doubt you will find it difficult to get the refund from them. Contact your bank if you don't hear from the supplier within 24 hours and begin the chargeback.
Your bank won't be very pleased but stand your ground and get your money back

[MrMajeika]

 I have not yet received the item

I can cancel via email and then request a charge back if they don't respond to the email within 24 hours?

I paid by credit card

Just reading about chargeback, it was over £100  it's saying I can claim under section 75.

Is the process still the same

[Andyorch]

Section 75 credit cards chargeback debit cards.

.

[BankFodder]

In your message to them, tell them that if they don't let you have the refund you will be contacting your card issuer and asking for them to deal with it under section 75 Consumer Credit Act.
Let us know what happens

[MrMajeika]

OK thanks. Is it still the same process as according to which it says if you haven't received your refund after 30 days, but then I guess this situation is different as the item has not yet arrived?

[BankFodder]

Sorry I really don't understand. What same process – and who is it that "it says if…" Et cetera?

[dx100uk]

section 75 is NOT the same as chargeback no.

a section 75 in immediate refund by the credit card company.

the company that is subject to the section 75 refund then has 30 days to object to your card company clawing the money back from them and re crediting it to your account.

 

dx

 

[MrMajeika]

Sorry what I meant is that you said in an earlier post that I can email the company and ask for a refund and then if I don't hear after 24 hours I can claim a refund.

The link for chargeback takes you the which? Website and it says about section 75

it says is your claim from 30 days.

What I am asking is can I still claim under section 75 after 24 hours of not hearing from them?

[dx100uk]

there is zero time limit go do it now.

 

dx

 

[MrMajeika]

Do I need to give them maybe 24 hours to reply to my email? I have been chasing them for a few days but only this morning sent them an email to request to cancel it. Should I wait till tomorrow. What if they dispute the section 75 refund by saying they have dispatched it already? 

[dx100uk]

cant hurt

 

[MrMajeika]

Seems like there is a whole long form to request refund from tsb section 75. Am I asking for a refund based on the fact they aren't replying to my calls or emails to cancel the order? Or that I was originally told an earlier delivery date (although I don't have proof as it was over the phone). 

[BankFodder]

You are asking for a refund on the basis that you have bought an item which is not being delivered on a particular day as promised. You are therefore cancelling the order but they are not responding.
You should also complain that they have taken the money from your credit card account before they have even dispatched the order and this is contrary to the credit card regulations as well

[MrMajeika]

OK thanks. I think I can do it through live chat they are asking a series of questions. Shall I choose option 1

Which of the following options best describes what happened?
1. The goods were not delivered.
2. Only part of order was delivered.
3. The goods were delivered late or to the wrong address, so became valueless to me.
4. The goods were faulty/damaged or different to what I ordered.
5. The goods were counterfeit.

 

[dx100uk]

 

6 hours ago, BankFodder said:

You are asking for a refund on the basis that you have bought an item which is not being delivered

 

5 hours ago, MrMajeika said:

1. The goods were not delivered.

i wish to cancel within my consumer right as this was an online purchase which gives me 14 days to cancel

if you get past the chatbot..

[BankFodder]

1

[MrMajeika]

Just to update the current situation. I submitted the form a few days ago but I haven't heard from the bank yet. I never heard back from the company about asking to cancel and today it has arrived in the post what are my rights now? I never actually accepted the delivery I live in a block of flats and the driver didn't ring on he just left it downstairs. Can I still get the money from the bank and will I have to pay to return it?

[BankFodder]

Write to the supplier and tell them that the item has still not been delivered to you. You understand it may have been left in a common area of the flats in which you live but that is their responsibility.

You have already put them on notice that you have cancel the order as you are entitled to under the distance selling rules.

You are still waiting for a refund but in the meantime you are planning to your credit card issuer.

Complain to the credit card issuer

By the way, if you are instructed to return it then they must provide their label and make the arrangements.

The new circumstances undertake the return yourself because if it ends up going astray then you will be responsible.

 

[MrMajeika]

Just received a reply from tsb.

Thank you for contacting us about your Credit Card Dispute. We are governed by MasterCard's rules and regulations which advise we must allow the merchant 30 days from the date you made the purchase, to deliver the goods. Unless you have an email from the merchant advising goods were to be delivered on a specific date that has already passed, we ask that you wait until 17/09/2023 as this will have been 30 days from when you ordered the goods. If you have not received the goods by this date, please contact us by email at CreditDisputes@tsb.co.uk and we will be happy help.

 

I've emailed the company again but still no reply. How should I proceed? It seems that tsb are focusing on the item not being delivered but what about the fact that they didn't reply to my cancellation request?

[BankFodder]

Write to them – and tell them that despite the MasterCard rules and regulations, they must have regard to the law and in particular the distance selling rules under the consumer contracts regulations.

You have given a valid cancellation request to the supplier. They have not responded. You are now instructing your bank to abide by their obligations under section 75 consumer credit act which override any credit card rules and regulations.

Note that this won't make a lot of difference but at least you get it down on paper.

Also, tell your bank that you are starting an immediate complaint and you want it sent to the ombudsman.