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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i recently purchased an expensive cricket bat online which

Customer Question

i recently purchased an expensive cricket bat online which is an excess of £300. I had ordered a bat that weighed in excess of 2 pounds and 12 ounces but the bat that I received is weighing in at about 2.85 to 2.9 pounds. When I called the online merchant who is based in London they refused to accept that the bat was lighter and said that I should send it back and then they would refund the money. I asked about postage and they said they could not refund it. I asked if they could at least email me in writing that they would refund my money if I sent the bat back, they refused and hung up after saying is my word not enough.

My question is does this constitute mail fraud? Any other rights of mine as a consumer which are being violated unlawfully? What legal options do I have?
Submitted: 4 years ago.
Category: Scots Law
Expert:  Remus2004 replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

How can I help with this?
Customer: replied 4 years ago.
Sure what details do you need?
Expert:  Remus2004 replied 4 years ago.
How long ago did you receive the product please?
Customer: replied 4 years ago.
Just now. Ordered it on Friday. Ordered a bat in excess of 2 pounds 12 ounces. What I have received weighs in at 2 pounds 9 ounces. Essentially I am ok with returning it for a refund but the problem is -
a) the merchant refuses to give me in writing that they will refund my money, he just said so on the phone. I have no guarantees on the refund in writing and hence no security.
b) postage on a bat is not cheap and i will be out the amount that it takes to send it back to them because they will not refund postage on returns. So best case scenario I will be out £10 at least for no fault of mine.
Expert:  Remus2004 replied 4 years ago.

So are you asking if you can claim a refund?
Customer: replied 4 years ago.
I can claim a refund but have no guarantee if I send it back in. Worst case scenario I will still be out postage for no fault of mine. And I am a little peeved with the way it was handled on phone. All I asked was for an email confirming that they will refund the money and they refused. If it was something cheap I would not have cared but we are talking an amount in excess of £300 for which they refuse to guarantee refund other than verbally on the phone. And even so the return postage is my lookout even though I received an item which is not what I ordered. The fault is theirs entirely and I am being penalized for it. That is my problem.
Expert:  Remus2004 replied 4 years ago.
Ok. Thanks

So what is your question about this?

Im not sure what you wanted to know?
Customer: replied 4 years ago.
What I want to know is -

a) If I return the item and they do not refund my money, and if I have proof documenting that -
1 - The item was received as a return by them (signed delivery for example)
2 - The item was returned for a justified reason (not as per the ordered specification)
then what legal action can I take?

b) Since they are refusing to refund postage on the return, which is justifiable since what was received was not what was ordered and can be proven, are they not liable to pay for the return postage? And since they refuse to do so, what consumer rights are they violating? What are my options then? Because even though they might refund the value of the item I would still be bearing an out of pocket expense for their mistake (return postage) which I do not believe is fair?

I am based in Edinburgh and they are based in London. Not sure what bearing that has, if any, on the laws but just as an FYI.
Expert:  Remus2004 replied 4 years ago.
Just to let you know, since you are in Scotland I'm not sure this is something I can help with .

I can tell you the position in the UK and this contract will be governed by the UK but not how to enforce from Scotland.

I've opted out for others.
Expert:  Nicola-mod replied 4 years ago.

I am very sorry for the delay in response. Would you like us to continue search for someone to assist you?

Thank you for your patience,