Cancelled Goods - Savastore Would Have You Pay

  User-3260B6E0-D40E-464F-B62478D4E17479D3 21:39 13 Mar 2003

I ordered a monitor from Savastore on 12th February on 2-3 days delivery: I wanted it delivered by 15th. Their website claimed an availability of over a hundred at satellite stores.

I thought it would be a good idea to track the order on Friday 14th and I was concerned to note that the monitor had not only not been dispatched, stock was awaited.

I sent Savastore an e-mail to clarify the availability and requesting that the order be cancelled if it could not be delivered by Saturday 15th. I cancelled the order through the website on the Friday afternoon. According to the website, there is no contract until goods are dispatched.

I got an e-mail on the Monday morning advising of imminent dispatch to which I replied that I had cancelled the order. I got an e-mail on the Tuesday morning advising of actual dispatch to which I replied that I had cancelled the order.

The monitor arrived and, unfortunately, was signed for by a neighbour: apparently neither Savastore nor its courier (Initial CityLink) could cancel delivery from the consignment number - so how do they track items?

Now, Savastore claims that CityLink does not collect at the weekends (well, I don't get paid for weekdays off or weekends working) and it clearly expects me to make some alternative arrangements for the return of the monitor. Why should I? Firstly, it was their error and could have been avoided. Secondly, as long as they can get away with passing the trouble and cost for their errors onto others, they will not give two hoots about making them. Thirdly, I cancelled the order before there was a contract.

If Savastore is at fault and it cannot get its courier to collect goods at the customer's convenience, it ought to make the arrangement to have another courier collect the goods. In fact, it could save all the trouble by not advertising what it cannot deliver and by having robust systems in place to prevent or intercept cancelled goods rather than sending them out anyway, presumably in the hope the customer will change their mind if the goods are delivered.

I didn't think companies were allowed to advertise what they can't deliver! Surely having done so, they ought to face the consequences.

Does anyone know if Savastore is entitled to expect the person to whom it has sent a cancelled order to make the arrangements for return just because it, Savastore, is not prepared to?

  Ixora 22:29 13 Mar 2003

I have several friends that have cancelled orders for various things not computers but book and record clubs. Like yourself although they had cancelled their contract the companies still insisted in sending goods. When the goods arrived my friends wrote to the companies stating that they had cancelled their contract and that they whould not be paying for the goods. They also informed the companies that if they did not collect the said items by a nominated date the items would become their (my friends) property. The companies never did collect the items and my friends still have the goods. I myself was in a similar position were a company failed to collect an item but still kept sending me bills. They even threatened me with a solicitor and court action. I then wrote to the company telling them that as they had not collected the item by the nominated date I would be charging them storage costs from that date. The result being that they collected the item within a few days and also agreed some compensation with myself. Hope that this may help your situation.

  tbh72 01:58 14 Mar 2003

I have had nothing but trouble from them also. I ordered in good faith some RAM. It was seriously under priced & should have made for a nice bargain, however. They stuck to thier guns called into account there very carefully worded agreements, and thus lost out on the sale. I think in your case though, they have failed. I would do as suggested above and get a letter in the post, asking them to collect the item within XX day's or you will assume they no longer want there product & you will dispose of it in a suitable manner.

  Eagie 17:52 14 Mar 2003

Why do retailers never seem to take notice of these forums - or even dare to reply to people on them? In such a highly competitive industry, bad word of mouth can surely make a lot of difference.

Will they ever learn that we do talk to each other and will find other places to spend our cash?

May I also suggest that you take a look at this website click here which lets users rate traders. Voice your opinion of who's good, who's bad and who's downright ugly!

  Stuartli 20:24 14 Mar 2003

If you ordered using a credit card and the sum involved is more than £100, you will find that your credit card company will be more than helpful.

Provide them with full details and let them take the matter up.

I've had to do this twice in the last 12 months and every time Visa has come up trumps. It has even paid the return carriage charges when the companies concerned have failed to keep their side of the bargain.

  N24 08:54 08 Apr 2003

Still no advance here!

Savastore is still refusing point blank to pay for a weekend collection. They have tried to claim that their couriers do not pick up at the weekend (one of them, TNT, does!) but I rather think that Savastore is trying to get away with not paying extra so they will say anything.

This is despite the fact I did make an arrangement with them for a weekday collection and they did not honour the arrangement. It seems it is still not their problem!

Why should a company of any size that has such an ineffective system, made such an error and spurned an opportunity to remedy it be able to foist upon others any onus to make good its failings?

They charged my Visa card but Bank of Scotland says that it, Bank of Scotland, can not issue a refund without some paperwork from the merchant. The fact that the merchant had no legally binding contract on which to charge me and all the warnings and fears about credit card fraud seem to be of no moment. Is the merchant, which refuses to inconvenience itself over its mistake, in the least bit likely to issue a refund? No!

I have told Savastore that I want my illegally charged money returned to me forthwith and that they should include for storage as advised to them previously. I also told them I would consider the monitor to be my property if it was not collected by 2400hrs on Saturday 12th April. (Note: I did specify the year as 2003 so they didn't think 2008 would do!)

It seems to be like water off a duck's back to Savastore. It is looking like redress will only be possible by complaints to the courts and to the financial ombudsman.

Any more suggstions anyone, especially any legal people out there?

  Elrond 10:17 08 Apr 2003

What i have learnt from oredering off the internet is that e-mails never work. I havent had trouble with savastore myself but have with other companies and the only approach if you want something done there and then is to use the phone. Not as ignorable as an e-mail plus you can get angry, not so easy to show in an e-mail.

  vaughan007 13:50 23 Apr 2003

I think you are going to have to take them to court as it Looks like they are not backing down.

Write them a letter saying that if the monitor is not collected and your money refunded by xxx date (by the way you are normally supposed to give 14 days for someone to comply) you will be taking legal action.

Then ring your local county court and get the summons forms.

I dont know if you will win or not because I dont have all the facts. But this is the route you must take.

  N24 16:50 24 Apr 2003

I did tell them to get the monitor or I would consider it mine. Then I sent it back two weeks ago by Special Delivery because they had my money... they still have my money!

I didn't do the Special Delivery as a charity thing to help their profits. Presumably their profits are relatively healthy if they manage to get people to undergo the hassle for their shortcomings.

Generally, companies obviously accept consumers' contributions to their profits for providing a service: I can't understand why they don't expect to make the contributions when their service falls flat. It makes no sense.

It certainly looks to me as though court is going to be the only way to make some recovery for my time and expense.

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