Section75 Chargeback

[Manxman]

auroops - just to add...

In the highly unlikely event that the jewellers agree to pay you after you send the email I suggest in #45 (and I really don't expect them to) you'll need to negotiate the watch's return. Tell them that you were happy to pay the costs of the first return but you won't pay for the second return as it is only necessary because they wrongly sent it back to you the first time. That was their fault - not yours.

Tell them that you want them to cover all return costs (including appropriate insurance cover) for the second return. They can either arrange the return themselves, or provide you with some sort of prepaid return label, or agree to reimburse your legitimate costs (including appropriate insurance cover).

In the more likely event that they tell you to go away again, continue with Barclays - but at least now you have more evidence to support your claim.

As Pezza54 posted upthread, you will need to tell Barclays that despite cancelling the contract under The Consumer Contract etc Regulations and returning the watch within the time period, Sellors wrongly denied your cancellation and have sent the watch back to you, so you still have it.

Explain that because Sellors have now refused you any refund at all on at least two (or is it now three?) occasions you are obviously very reluctant to trust them by sending the watch back before they - or Barclays - have agreed to pay you.

Good luck with it all!

[auroops]

NAJ has received this email from CW Sellors. I will wait if CW Sellors contact me by this afternoon. If not I will send out your email.

———————————————————————:
Good afternoon,



Having reviewed this in detail, I am in agreement with the customer and NAJ and sorry this had to be escalated so far.



The team here took an overly literal interpretation of ‘wear’ and should not have refused a return.



We are reaching out to the customer today to resolve this and offer an apology. This has also been addressed internally with the returns team.



Kind regards

[echat11]

When customers return products to any jewelry store, they as standard will clean the product, even if it doesn't have fingerprints etc. It defeats logic that they wouldn't do that before putting the product back into stock.

[Manxman]

NAJ has received this email from CW Sellors. I will wait if CW Sellors contact me by this afternoon. If not I will send out your email.

———————————————————————:
Good afternoon,



Having reviewed this in detail, I am in agreement with the customer and NAJ and sorry this had to be escalated so far.



The team here took an overly literal interpretation of ‘wear’ and should not have refused a return.



We are reaching out to the customer today to resolve this and offer an apology. This has also been addressed internally with the returns team.



Kind regards

Ha! They've seen sense at last!

If you've not heard from them by 4pm I think I'd 'phone them. Ask to speak to the person who sent that email to NAJ and ask them to confirm that they will refund you. Tell them to put it in writing to you in an email by 5pm today.

Also tell them that you expect them either to arrange for the watch to be collected from you or to reimburse you for the return costs plus appropriate insurance cover. If they are going to reimburse you ask them to tell you how they want it returned. Point out that the return is at their risk and their cost. You are only having to return it a second time because they wrongly sent it back to you and wrongly refused you a refund.

If you can't speak to them on the 'phone or if they haven't sent you a confirmatory email by 5pm today, send the email I suggested in post #45.

Make sure you don't lose that email from CW Sellors to the NAJ. If Sellors try to squirm out of this it forms additional evidence if you end up having to make a claim against Barclays

Well done

[Edit: If they pay up it avoids the hassle and faff of a s75 or chargeback and you get your money back quicker. Obviously you'll have to inform Barclays that Sellors have eventually agreed to pay you back. But tell Barclays you want to keep your claim open until you actually receive the refund...]

[auroops]

I phoned CW Sellors this afternoon as there was no communication till noon. I spoke with the manager who wrote the email to NAJ and that was the manger I spoke to before as well and also he is the one who wrote the email stating that the matter is closed. He started by saying that there is no possibility of refund and then I mentioned about NAJ. He very quickly said I am sending you the return postage by email and it will be collected tomorrow by Royal Mail. I also made it clear that they will refund into the original payment method as soon as it is received.
Lot of progress I feel, with you guys helping me out else I would have been on the mercy of Barclays. Let’s hope he refunds the payment by Monday or Tuesday.
The parcel will be collected tomorrow.
To most striking bit is, they have one operation or customer manager who also replied to me and to NAJ but in two very different tones and excuses. When the conversation first started he felt I may not have the communication from NAJ as he quickly mentioned it was someone else in the team who replied to NAJ. Anyway, not a great experience so will stay away from CW Sellors. Their prices are competitive compared to local jewellers around London.

[Manxman]

I don't believe for one minute that what Sellors told the NAJ was true. They were just trying to fob you off any old crap in the hope you'd give up and go away. Well done for persevering.

In terms of retruning it, will it be adequately covered against loss or damage? If it's being collected by RM get a receipt from them as proof they've collected it. Take photos of the watch's condition and of the package after it's been sealed up. If anything goes wrong it'll be more evidence to support a claim with Barclays.

Assuming Sellors pay up without delay you'll get your money back a lot quicker than you would with a s75 or chargeback.

[auroops]

CW Sellors provided me the Royal Mail 24 hour tracked label which I printed and pasted on the box. I did take pictures of before and after but I did not open the seal of the box. I have also taken a picture of the Royal Mail guy collecting it.

[auroops]

They have acknowledged that they have received the item on Tuesday but still no refund. I spoke with the same manager who said it could be refunded any moment but still no luck!

[echat11]

They have acknowledged that they have received the item on Tuesday but still no refund. I spoke with the same manager who said it could be refunded any moment but still no luck!

Unfortunately, refunds do take time to process.

[Manxman]

They have acknowledged that they have received the item on Tuesday but still no refund. I spoke with the same manager who said it could be refunded any moment but still no luck!

If, for the sake of argument, we assume that you cancelled the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk), then reg 34 says that the trader must refund you "without undue delay" and in any case no later than 14 days after either receiving the watch back or you having provided evidence that you've sent it back.

So they basically have up to 14 days after getting the watch back in which to refund you.

[auroops]

I think you are right, they will take 10-14days to refund. I called again today and spoke to someone in customer services, who spoke to finance mentioning that it should returned by Monday and should be in the account by Tuesday. The watch was first returned on 2 March though

[Manxman]

I'd forgotten you'd first sent it back on the 2nd.

Wait and see. You might get the money on Tuesday. But I think they'll take the full 14 days.

[echat11]

Unfortunately, refunds do take time to process.

My reference is to the following - Returns Department - The Checking / Fob off Department - Restocking Department - Reconciliation of Inventory - Refunds Department. I don't know if all those departments exist, but you said, 'you mostly spoke to the same person'. If they have 10 items returned in a week, that is a lot of work for one person. If you go to bigger stores, refunds almost immediate.

[auroops]

Yesterday, I have received the refund on the card. What an experience it was. Feel so relieved. Many Many thanks to all your advice and support. Without this forum, I am at the mercy of the bank. I spoke with the customer service at Barclays and they said you are looking at another three to four weeks for the case to be assigned to an officer.

[Manxman]

Good news. Well done for persevering. I think many people would just give up - which is what the trader is counting on.

And of course you've got a quicker result than your bank could offer!

Just to be clear - you've cancelled the s75/chargeback claim? You don't want to end up sorting out a second refund...