Upheld: Card / payment disputes complaint against Sky UK Limited

Decision detail

Summary

Mr W complained that Sky unfairly held him liable for a fixed sum loan agreement for a tablet device after he attempted to cancel and return the device within a month of purchase. The return process failed when Sky did not receive the returned device, but tracking evidence showed the package was delivered to Sky's return centre. The ombudsman upheld the complaint, finding that Sky was responsible for the loss of the package once it reached their facility and that the absence of proof of postage did not change this conclusion. Sky was directed to end the agreement, refund payments with interest, remove adverse credit information, and pay £100 compensation.

The Ombudsman's reasoning

The ombudsman determined that the tracking information provided sufficient evidence that the package was delivered to Sky's return centre, making it most likely that the package reached Sky rather than being lost in transit. Since Sky could not identify what was in the package or provide evidence that it did not contain the correct device, and since Sky was responsible for the package once it reached their return centre, it was unfair to hold Mr W liable for the agreement. The lack of proof of postage did not change this conclusion as there was no evidence suggesting the package contained anything other than the correct device.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website