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What more can I do ? Re Wowcher purchase

46 replies

girlsyearapart · 14/01/2021 10:45

End of my tether with this and could use some tips if anyone has any ?
At the end of November I bought two beds from Wowcher for two of my dds. Company is called Durest.
Beds arrived beginning December. Opened them to find they are super shite held together with flimsy plastic sheeting and sticking out staples.
Phoned company 30 minutes after they had left to say come collect we want a refund.
No problem they say - we ll be there in 2-3 days...
The beds are still here 5 weeks later.
We can’t get a refund from Wowcher till they are collected.
This is what I have tried so far :
Emails to the bed company almost daily at least once.
Raised 3 cases with Wowcher.
Called bed company.
Tweeted about it several times tagging Wowcher Durest Martin Lewis and trading standards
Opened a case with Resolver
Opened a case with PayPal
Left crap review on bed company site

Nothing is working. Bed company just keep repeating variations on ‘you are on the collection list we will call you the day before’
Really need the money. And the space!

OP posts:
Fatfunt · 14/01/2021 10:53

OP you could have potentially outed yourself by stating you contacted them on Twitter.

But yeah, this sounds like a shambles!

girlsyearapart · 14/01/2021 10:57

Outed myself on here you mean? I don’t really care tbh I never have anything interesting to say Grin

OP posts:
SebastianTheCrab · 14/01/2021 11:03

This is slightly complicated. Your contract is with Wowcher so I would focus on them.

Write them a strongly worded letter saying the beds aren't fit for purpose and attach photos. Say if you don't have a refund within 7 days you'll start legal proceedings (you won't actually have to do this).

After 7 days, if they don't respond send a "letter before action" for breach of of contract and contravention of both the Sale of Goods Act and Consumer Rights Act. To make it sound really serious, google both those Acts and find the exact line/section number if you can and quote it (e.g. "s7.8 of the Sale of Goods Act 19XX" - I just can't remember what it is off the top of my head). Write it as a Word doc, PDF it, send it in hard copy and via email.

Say if you don't hear back within 7 days you'll file a claim form.

If they don't reply within 7 days you go online, fill out a claim form for the Small Claims Court - but don't file it- and send them a copy saying if they don't respond within 3 days you're filing it.

I'd be massively surprised if you don't get your money back by then.

It may also kick them up the arse to get the delivery sorted but basically once you have the money back just tell Wowcher/the company if they don't collect the beds within 7 days you'll be disposing of them yourself and charging them for the cost (then give them away on Facebook market place).

Good luck!

girlsyearapart · 14/01/2021 11:11

@SebastianTheCrab thanks so much
Does the fact that I’ve opened a case on PayPal interfere with any of that ?

OP posts:
UrAWizHarry · 14/01/2021 11:13

Did you use a credit card for the purchase? If you did, get in touch with them and they should be able to help.

girlsyearapart · 14/01/2021 11:16

No I paid on PayPal with a debit card...
Reviews on the bed site shows someone waited 6 months for collection 😳

OP posts:
AdobeWanKenobi · 14/01/2021 11:17

Paypal is probably your best course for now, did you go for item not as described? Can you escalate that case?

If your PayPal comes from a credit card you could also go at it that way, call the CC company if Paypal fails and initiate a chargeback.

Google reviews are interesting to say the least.

AdobeWanKenobi · 14/01/2021 11:19

Cross posted with @UrAWizHarry whilst reading the reviews. Never seen so many awful reviews!

UrAWizHarry · 14/01/2021 11:27

Paypal are usually fairly decent at refunding you if the seller is unwilling to help. How long has the case been open?

girlsyearapart · 14/01/2021 11:37

The PayPal case only for two days. I had forgotten that’s how I’d paid ( bought amid all the Xmas shopping) and a friend advised me.
The whole saga for 5 weeks

OP posts:
girlsyearapart · 14/01/2021 11:38

Wowcher just refer me back to the seller and the seller just repeats the same old crap they’ve been spouting since the beginning. It just goes round in frustrating circles

OP posts:
AdobeWanKenobi · 14/01/2021 11:40

Stick with Paypal Escalate the case.
Not opened a case for a long time but can you still add photos to the dispute? If so, do that.

Clymene · 14/01/2021 11:54

PayPal have very good buyer protection but it can take up to 30 days for them to resolve the dispute. I think that you'll just have to wait until that plays out.

And then once you have your refund, do what @SebastianTheCrab says - tell the company that supplied the beds they have 7 days to collect and then get rid of them on Facebook

SendMeHome · 14/01/2021 11:56

if they don't collect the beds within 7 days you'll be disposing of them yourself and charging them for the cost (then give them away on Facebook market place).

You can't do that. You have a legal obligation to look after the goods for a "reasonable" time, which is usually interpreted to mean at least 14 days notice, but we are in lockdown in a pandemic.

UrAWizHarry · 14/01/2021 12:34

If you've only had the case open 2 days I'd give them more time. IIRC there is usually a time limit on the seller responding and if they don't you get a refund automatically.

SebastianTheCrab · 14/01/2021 13:19

@SendMeHome

if they don't collect the beds within 7 days you'll be disposing of them yourself and charging them for the cost (then give them away on Facebook market place).

You can't do that. You have a legal obligation to look after the goods for a "reasonable" time, which is usually interpreted to mean at least 14 days notice, but we are in lockdown in a pandemic.

What legislation says that? Not saying you're wrong but I've never heard of it
SebastianTheCrab · 14/01/2021 13:20

And OP if you've opened up a PP claim stick with that for now

girlsyearapart · 14/01/2021 13:31

I have ‘looked after them’ for 5 weeks. I am aware of the pandemic- it’s one of the reasons that we really can’t afford for the refund to be taking so long.

I truly believe the covid situation has 0 to do with the collection delay based on the way the company have responded so far and the reviews.

Really hope I don’t have to wait another 30 days

OP posts:
girlsyearapart · 14/01/2021 14:35

The latest from the bed company is that they are snowed in..

OP posts:
AdobeWanKenobi · 14/01/2021 14:49

@girlsyearapart

The latest from the bed company is that they are snowed in..
Don't cancel the PayPal case, whatever their excuse.
girlsyearapart · 14/01/2021 15:04

No I’m definitely not going to do that. I thought it was an excuse but I looked at the forecast and it is snowing there...

OP posts:
girlsyearapart · 14/01/2021 17:51

Frustrating reply from Wowcher in the PayPal resolution centre. Appear to have completely missed the point.

What more can I do ? Re Wowcher purchase
OP posts:
Tryingtryingandtrying · 14/01/2021 18:18

I have had the same with Wowcher. Sorry to say I gave up in the end. But will never ever buy from them again.

girlsyearapart · 14/01/2021 19:03

@Tryingtryingandtrying that’s not what I want to hear ..
it’s ‘only’ £320 but it’s what we need to pay the fuel bill

OP posts:
Tryingtryingandtrying · 14/01/2021 19:10

I didn't pay with PayPal. I think that's probably your best bet