Not upheld: returns and refunds dispute; investigation fee; account restrictions complaint against Next Retail Limited

Decision detail

Summary

Ms M complained that Next refused to refund a bikini set she claimed was unworn and returned in original condition, charged her a £35 investigation fee, and withdrew support on her account. Next's Quality Control Team and Account Investigation Team both determined the items smelled of washing detergent, indicating they had been worn. The ombudsman could not definitively verify the smell from photographs or request physical examination due to the passage of time. Finding that Next's actions were permitted under the credit agreement terms, which allow refusal of returns not in original condition and permit investigation charges and account restrictions, the ombudsman did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman could not definitively determine whether the items smelled of washing detergent, as this is impossible to verify from photographs and over six months had elapsed. However, since two separate departments at Next (Quality Control Team and Account Investigation Team) both identified the smell, and Next's terms permit refusal of returns not in original condition, the ombudsman found Next did not act outside the credit agreement. The £35 investigation fee and account support withdrawal were both permitted under the agreed terms.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website