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Help! M&S won’t refund, on live chat

205 replies

ComputerIsSayingNo · 12/12/2023 11:54

On live chat, did a big order for M&S for DH’s birthday. Present and clothes to wear. Ordered on the 9th and paid extra for next day delivery. This was presented as the 11th as the 10th was a Sunday. Didn’t arrive yesterday and checked today to see they have put delivery as the 19th. I wouldn’t have selected this date and don’t know where the error is.

Asked for them to send for tomorrow, said no. Asked to cancel and refund my order so I can reorder for tomorrow, said I am not allowed to cancel the order or ask for a refund. Even though it hasn’t been dispatched and won’t be a for a week!

i have siad distance selling allows me to cancel according to government but they are still saying I am only allowed to cancel 30mins after the order.

OP posts:
cannaethink · 12/12/2023 18:21

Fwiw I’ve ordered from M&S for a store collection, specifically selected the collection day for when I knew I’d be close by, and then they've changed it for another 10 days away. So I don’t doubt you picked the correct day!
It came back in stock in the store I was collecting at anyway so I just went in and bought it on my original chosen day.
I’m pretty sure there was an option to cancel my order on the app but tbf it was a while ago, I might have just not collected it.

ComputerIsSayingNo · 12/12/2023 19:36

loreau · 12/12/2023 17:56

M&S have a single Next/Named day delivery slot and days which are unavailable are greyed out and unclickable. I just looked and this time of year the next day is generally not available.

So I don't think they made a mistake. I think you did. Just wait til next week. And stop haranguing those poor call centre staff for your mis-click.

I ordered something today, and was able to order it for delivery tomorrow paying next day. So this is incorrect, next day delivery if something is in stock is still available.
I wasn’t haranguing call staff. I have explained how an mis lock is unlikely as the dates aren’t even next to each other. Even if I had, I had read the goverment website ass I a, able to cancel for any reason outside of the 30mins. It has been explained on here that that only applies after I have sent them back. Other companies do this but not M&S.

OP posts:
ComputerIsSayingNo · 12/12/2023 19:37

cannaethink · 12/12/2023 18:21

Fwiw I’ve ordered from M&S for a store collection, specifically selected the collection day for when I knew I’d be close by, and then they've changed it for another 10 days away. So I don’t doubt you picked the correct day!
It came back in stock in the store I was collecting at anyway so I just went in and bought it on my original chosen day.
I’m pretty sure there was an option to cancel my order on the app but tbf it was a while ago, I might have just not collected it.

Thank you, it is reassuring to know I’m not the only one this has happened to with the date changing. I woudljt have missed the giant date displayed once ordered.

OP posts:
ComputerIsSayingNo · 12/12/2023 19:40

greencheetah · 12/12/2023 14:46

You are wrong OP and really you need to just suck it up and return the items if you aren’t in when they’re delivered.

Hi, I have explained more than once that I posted for advice whilst on a live chat and needed answers, that I thanks the posters who explained they way we read the government law is wrong, and still there are other posters saying I should be able to cancel. This change of date has happened to others. The issue was I could order everything again to arrive today, but I would be out of pocket.
Also the issue isn’t me not being in, the issue is the courier leaves the parcel on the doorstep and doesn’t ring the bell or let you refuse delivery.

OP posts:
Emotionalsupportviper · 12/12/2023 21:02

margotrose · 12/12/2023 17:21

She will be able to get a refund but only when she posts the order back to them.

I'm not talking about a refund for her purchases - I meant she should get her "next day delivery" fee returned. OP paid for "next (working) day" delivery, but it's taking a week.

Emotionalsupportviper · 12/12/2023 21:05

LubaLuca · 12/12/2023 17:02

Next Day Delivery is the same as Named Day Delivery at M&S - you can pick whether to get it the next day or on an exact day of your choice. It's the same button to select it and the same price.

Ah - thank you.

I hadn't realised. So poor OP has paid extra for a delayed delivery. That's particularly frustrating

tuvamoodyson · 12/12/2023 21:17

thedukeofbuckinghamshire · 12/12/2023 15:17

Poor Evan from M&S

Justin Timberlake Eye Roll GIF by Agent M Loves Gifs

This is Evan, he really doesn’t get paid enough to listen to this crap

Museum10667 · 12/12/2023 22:19

tuvamoodyson · 12/12/2023 21:17

This is Evan, he really doesn’t get paid enough to listen to this crap

Edited

maybe not but its the company thats not following the procdures for the customer's being able to cancel the order

Itslegitimatesalvage · 12/12/2023 22:32

Museum10667 · 12/12/2023 22:19

maybe not but its the company thats not following the procdures for the customer's being able to cancel the order

Follow what procedure? Whose procedure? You don’t have a right to prevent dispatch. You’ve placed an order, it’s in a system and you have to wait to receive it and then you have every right to return it and get a refund. The “right to cancel” doesn’t mean they must allow you to cancel before dispatch. It means they just just allow you to cancel the contract… by returning the goods once you have them. It’s perfectly legal and a very normal Procedure for a huge number of online retailers. M&S haven’t failed at anything. The OP didn’t understand her right, continued arguing with the customer service agent when told, got her husband to take over the arguing and then came on here where she argued back quite a few times before finally listening to what she was being told. There is a problematic person here not listening to consumer rights, but it wasn’t M&S.

ComputerIsSayingNo · 12/12/2023 22:59

That’s a really interesting recounting of things that didn’t happen/wrong order/skewed reporting 😂 At you sat in my living room? You seem more invested in me in this. I hope tomorrow is a better day for you. Peace and love.

OP posts:
ComputerIsSayingNo · 12/12/2023 23:03

@Itslegitimatesalvage i can only apologise. After your first two posts i names and thanked you for the information you gave me in answer to my question about whether what M&S was saying was right. I acknowledged you and thanked you for the infomarion that I came onto MN to ask as I didn’t know, and you know wanted some help and answers. You so graciously took the time to answer me, and I appreciate my thanking you wasn’t enough I see that now. I should have posted lots of flowers emoji and sent you actual real life flowers. In deed the third time I responded and quoted you I didn’t again Thankyou you enough. Thank you for answering my question for the advice I came on for, many flowers sent.

OP posts:
ComputerIsSayingNo · 12/12/2023 23:05

ComputerIsSayingNo · 12/12/2023 13:31

Thanks for the explanation @Itslegitimatesalvage that does make sense. But would assume the contract starts once they take the money?

Sorry for this first acknowledgement of your help not being good enough and sorry for being stupid enough to ask a follow up clarification question, I can see that was the wrong thing to do. Many more apology flowers sent.

OP posts:
ComputerIsSayingNo · 12/12/2023 23:07

ComputerIsSayingNo · 12/12/2023 13:39

I accept it’s my fault for not reading the T&Cs, black mirror did an episode on this and warned us 😂

Again, I can only apologise for this terribly harsh message thanking you again in the second response. I did not self flagellate enough at this point when I said the error in not reading terms and conditions was mine. Many flowers sent.

I hope you have written down that I have ignored all other posters who have given advice against what you have said and offered different perspectives/confirmation of what might have happened.

Many flowers sent.

OP posts:
Museum10667 · 12/12/2023 23:26

Itslegitimatesalvage · 12/12/2023 22:32

Follow what procedure? Whose procedure? You don’t have a right to prevent dispatch. You’ve placed an order, it’s in a system and you have to wait to receive it and then you have every right to return it and get a refund. The “right to cancel” doesn’t mean they must allow you to cancel before dispatch. It means they just just allow you to cancel the contract… by returning the goods once you have them. It’s perfectly legal and a very normal Procedure for a huge number of online retailers. M&S haven’t failed at anything. The OP didn’t understand her right, continued arguing with the customer service agent when told, got her husband to take over the arguing and then came on here where she argued back quite a few times before finally listening to what she was being told. There is a problematic person here not listening to consumer rights, but it wasn’t M&S.

This :

https://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made
as soon as the order is placed the contract is made and can be canceled straight away under the law, you do not have to wait

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

These Regulations implement most provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the...

https://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made

Howdoesitworkagain · 13/12/2023 00:00

Must be an absolute nightmare being in customer services having to deal with crap like this.

User2856948 · 13/12/2023 06:06

Emotionalsupportviper · 12/12/2023 21:05

Ah - thank you.

I hadn't realised. So poor OP has paid extra for a delayed delivery. That's particularly frustrating

Edited

I would expect to pay extra to delay a delivery, I have used it to delay a package if I am on holiday, it's extra because you choose the day. there is usually 2 or 3 weeks to choose from.

User2856948 · 13/12/2023 06:12

How can people possibly think that you have 2 weeks to cancel before it's sent when most expect delivery within a couple of days.

HerMammy · 13/12/2023 07:00

Are you able to order and collect at a store? that's usually fairly quick

Emotionalsupportviper · 13/12/2023 08:41

User2856948 · 13/12/2023 06:06

I would expect to pay extra to delay a delivery, I have used it to delay a package if I am on holiday, it's extra because you choose the day. there is usually 2 or 3 weeks to choose from.

That's different.

You wanted a delayed delivery aka "named day" delivery. You will have given a preferred date, I imagine, not just a "don't deliver between Wednesday 5th and Saturday 15th, but any time after that is OK. Ta"

OP wanted NEXT DAY delivery.

Though it appears that that part of her charge has been refunded.

Bouledeneige · 13/12/2023 15:42

I find M&S really easy for returns. So just order again and then return the original one (if the products are available).

ComputerIsSayingNo · 13/12/2023 16:38

Bouledeneige · 13/12/2023 15:42

I find M&S really easy for returns. So just order again and then return the original one (if the products are available).

The issue was somewhere along the line my delivery date had changed. I didn’t have the funds to buy everything again and wait until after Christmas for a refund of the first parcel and we don’t have a local M&S to easily return it to. Not everyone lives in a town or city. I had assumed I would be allowed to cancel the order as it was wrong, as you are allowed to cancel for any reason. The M&S machine does not allow for this and wants to send this out to you to have as a return to cancel.

OP posts:
ComputerIsSayingNo · 13/12/2023 16:40

HerMammy · 13/12/2023 07:00

Are you able to order and collect at a store? that's usually fairly quick

I ordered part to arrive today, with paying for next day and coming on the day I arrived. The availability and next dayness isn’t the issue. The order was clear with a big huge date that I wouldn’t have missed the first time if it was wrong. The issue is they sent the wrong date and I have had to pay twice and didn’t have the funds to order everything again. I also won’t get the refund until after Christmas now as the order still isn’t arriving until the 19th.

OP posts:
ComputerIsSayingNo · 13/12/2023 16:42

User2856948 · 13/12/2023 06:12

How can people possibly think that you have 2 weeks to cancel before it's sent when most expect delivery within a couple of days.

Because most of us aren’t in corporate law, have had a read of the governments or which’s websites which say we have the right to cancel which starts at the contract and they’ve taken our money and they’ve got out delivery date wrong by 8 days? Hence why people post on MN for advice. If everyone knew everything in the world there would be no posts ever! We could all walk from job to job day to day and do each others job. But alas we are only humans.

OP posts:
ComputerIsSayingNo · 13/12/2023 16:44

Howdoesitworkagain · 13/12/2023 00:00

Must be an absolute nightmare being in customer services having to deal with crap like this.

100%. Customer service is just an entire shift of dealing with missing items or funds or complaints. People don’t go into it for the love of the job but a means to eat and pay the rent. It is a shit job, hence why I am always nice. I once took the time to get in touch with customer services to pass on my thanks to someone who helped me previously after a high end item was switched by the courier and they sorted it and I wanted to let them know the outcome and how helpful they had been.

OP posts:
PattyDukeAstin · 13/12/2023 16:51

I also feel sorry for Evan ..he really can't be paid enough to have to put up with this time consuming, mind numbing nonsense.

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