Not upheld: improper returns activity, investigation charges, account restrictions complaint against Next Retail Limited

Decision detail

Summary

Mr R complained that Next Retail Limited unfairly applied a £35 investigation charge and restricted his account after concluding he had returned an item with an incorrect tag. Mr R disputed this, suggesting the tag mix-up may have resulted from Next's processing of multiple items returned together. The ombudsman found that Next had a reasonable basis for their concerns, as the physical item received with the AW0755 ticket was actually the W55216 dress, which was never returned. Although acknowledging the theoretical possibility of processing errors, the ombudsman found this unlikely given that all other returned items matched correctly and only one specific mismatch occurred. The ombudsman concluded that Next's actions, including the charge and account restrictions, were reasonable and fair, and therefore did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman found it reasonable for Next to conclude that a mismatch occurred between the item returned and the ticket attached, constituting improper returns activity. While acknowledging the possibility of processing errors when multiple items are returned together, the ombudsman found this unlikely given that all other items matched correctly and only one specific item showed a mismatch. The ombudsman noted the absence of explanation from Mr R regarding what happened to the AW0755 dress made it more difficult to conclude the mismatch arose from Next's handling rather than at the point of return. The delay in action, while not ideal, did not render Next's actions unfair. The ombudsman confirmed that decisions to restrict accounts are commercial decisions for businesses to make.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website