Should I take Harvey Nichols and/ or Aidan Mattox to small claims courts

[Scrumbleton]

I mentioned this in another thread earlier this week but am at my wits end and would appreciate thoughts or advice.
Going to a big black tie do and will be seeing many people for the first time in several years and wanted a lovely dress,
In early Sept I ordered 4 Adrianna Papell (AP) dresses from Harvey Nichols (HN) costing £715. Its a lot of money to be out of pocket but I didn't worry given HN's exclusive reputation. Unfortunately none of the dresses suited. I printed a refund label from AP's website following the instructions in the pack and dropped it with Yodel on 13 Sept. Yodel misdirected the package twice which was anxiety inducing but eventually their tracker showed it was delivered to AP's warehouse in Ipswich at 1640 on 26 Sept.
So, I waited patiently for 2 weeks for the refund- but received nothing. So, I contacted HN who said they are not responsible as AP are a brand partner that merely sell through HN's site. They told me to contact AP's parent company Aidan Mattox (AM) and gave me their customer services email address. I've emailed AM many many times now and have not received even a single response. HN's have confirmed they've reached out actively to AM telling them to communicate with me and resolve the matter but I've still heard nothing. There's no published telephone number or address. HN are denying liability though their name is shown against the £715 on my credit card statement. How can they possibly refuse to pay when the carrier has confirmed the return, how can this cost me £715 - for nothing.

I've now advised both HN and AP/AM that I intend to take the case to the small claims court.

I just can't believe this has happened - any advice or Small claims success stories?

I purchased via credit card and may be eligible for cover through that but I now want AM to pay and hope the case garners publicity to prevent other innocent customers being suckered.

Can you ask your bank for a charge back as you have proof the items were delivered?

I too would ask for a charge back. However, you could always try 'Rip off Britain', although how long they'll take to help you, if they even do, I have no idea.

It would seem like your contract is with HN?
so AM should refund HN and HN refund you

Yeah raise it with your credit card company, they might sort it as its a transaction over £100 if you definitely used a credit card. Not sure the limits for debit card chargebacks though.

Contact visa they are really good

I agree your contract is with HN. Have you tried social media to try and get help from HN? You shouldn’t have to but sometimes this hurries things along.

Agree with above. Your.contract is with HN so they are liable. Presumably you have Yodel proof of your return so I would ring HN and not take no for an answer.

Agree also to speak to your credit card Co.

Why did you send them back to AP when you bought them from HN?

That's like buying Nike Trainers from Next & then sending the trainer s back to Nike & expecting Next to refund you or am I missing something?

That's bizarre. I sent an AP dress back to John Lewis because that's where I bought it.
Have there been crossed wires somewhere? I've never heard of a return going back to the manufacturer and not the retailer.

Section 75 chargeback first.

Definitely make a s75 claim on your credit card and leave them to sort it out!

Try the guardian money people they normally get a response ASAP. Shame its the way but getting media involved often helps

The package instruction were to return to AP. HN's have confirmed that's the correct arrangement with their brand partners.

Your contract is with HN. You purchased through them and returned to them. They have the returned products.

They need to refund you.

Claim the money back via your credit card company - query a transaction is usually the method. You will have to email the evidence it was returned to the. They will refund you and the vendor will have to deal with the bank over it.

I agree raise a sec 75 with yr card but contract is defo with HN

That's a very strange arrangement but your contract is with Harvey Nics and its them who should refund.

Advice regarding who contract is with may not be correct. Check the HN terms and conditions, particularly section 1.2. They will probably argue that AP is a Partnered Brand. However the problem is that it is not clear from AP product pages on the HN website who the seller is. I can see the products are "delivered by" AM but there is nothing clarifying who is the seller. Delivery is not the same thing as sale. Do any of the order emails clarify who your contract is with? By law they should do. If they don't then I'd be arguing with HN that they are contractually liable and also in breach of the law (The Consumer Contracts Regulations) by failing to make it clear who the seller is either pre-purchase or in subsequent emails. I'd send them proof of return postage and request a prompt refund from them. Unless of course HN can establish that it was clear somehow that the seller is not them.

Eventually got my refund - I think mainly due to HN pushing AM. Phew! Thanks for the advice