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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Am I entitled to a refund of postage costs of faulty goods

Customer Question

Am I entitled to a refund of postage costs of faulty goods returned within the 30 day period?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, what did their terms and conditions state?
Customer: replied 1 year ago.
They say I am governed by the distance selling regs
Customer: replied 1 year ago.
I can find nothing in their terms and conditions re postage on faulty goods
Expert:  Ben Jones replied 1 year ago.
When did you make the purchase?
Customer: replied 1 year ago.
05/11/15
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
The purchase will be governed by the Consumer Contracts Regulations, which replaced the Distance Selling Regulations, as well as the Consumer Rights Act 2015.
You have the right to return goods within the first 30 days unconditionally but if they are faulty then that can be extended for up to 6 months. The costs of returning the goods is the retailer’s responsibility, unless the terms and conditions stated otherwise. However, if the goods were faulty then it is the seller’s responsibility to meet the return postage costs. So if the retailer is refusing to meet the postage costs for the return you could pursue them further. If you have returned the item and paid for the return costs then you can get these costs back. If you have not yet returned the item but they are refusing to accept it unless you pay the return postage, then you can pursue them for the costs of the item, i.e. a refund of the total price paid.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Your reply just confirmed what I had researched and discovered for myself online. Thank you for the clarity of your reply
Expert:  Ben Jones replied 1 year ago.
You are welcome. If you want to take this further, then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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