Consumer Rights: MoneySavingExpert.com discussion

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  • Art_2
    Art_2 Posts: 1,602 Forumite
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    GlasgowGal wrote: »
    Hi

    Just wonder if anyone has any advice. I ordered a gents watch at end of Oct over the internet, received a receipt of order and order number. Called Customer Service the next day to check something and my order could not be found but told to call back in 3 days. I did and still could not find my order. Called/emailed twice more, no trace of order and advised to re-order. I did on 11 Nov, again received order number etc and emailed CS to ask them to look out for this new order. They replied that if they found two orders on their system they would let me know so I could cancel one of them.

    Went to bank today to find account is overdrawn due to two payments being taken and I will be charged £70.00 bank charges as no overdraft facility on account. Called CS, they told me to wait until I received both watches and return one and they will refund me. When I asked about the bank charges they said no they could not refund these. I am waiting on a CS Manager to call me back. I tried to call our local Citizens Advice but they are not opened today. Between the bank charges and extra payment I am outstanding almost £175.00. I am not really in a position to wait for the watches to appear for a refund and also no way can afford £70.00 for bank charges which were not my fault. Are the company liable to pay my bank charges?

    Any advice on where I stand would be most appreciated.

    Regards

    If the mistake was the retailers then he has to return you to the position you were in prior to the error. This means he should pay the bank charges. In practice I think you may have a battle on your hands.

    Regards,
    Art.
  • Melissa25
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    Thanks Art,
    Gonna go in the shop on Fri and they will be feeling the wrath of Melissa lol...failing that hubby will be in and his wrath is worse than mine so hopefully everything will go to plan
  • GlasgowGal
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    Thanks Art for your words of support. I am still waiting on CS calling me back. I will defo take this all the way as they did say in an email they would let me know if they received two orders so one could be cancelled. Will contact CAB tomorrow and even go to that Watchdog programme if I have to. Regards
    :)
  • Fran1974
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    I hope someone can help sorry if this is on the wrong thread.

    I have a car that was originally through yes car credit and paid £196.00 a month for 18 months, i then came into some money and paid enough to cover the payments for a year, but i have struggled to pay it since then.

    However, i have paid over 50% of the total cost of the loan including ppi ( which im going to claim back) also as yes car went bust, the debt is now owned by a company called direct legal services based in brackley.

    i have been told under the consumer credit act that as i have paid more than 50% of the car, i can ask them to take the car back and disolve the finance.

    However, dlc have said they cant do that as they didnt have the original agreement with me over the finance.
    I feel that as they have bought the debt they have also bought the legal obligations

    Can anybody help im trying to sort my debts out and this is £100 a month that i could save to help with other ones

    Fran x

    :money:
  • derrick
    derrick Posts: 7,424 Forumite
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    Fran1974 wrote: »
    I hope someone can help sorry if this is on the wrong thread.

    I have a car that was originally through yes car credit and paid £196.00 a month for 18 months, i then came into some money and paid enough to cover the payments for a year, but i have struggled to pay it since then.

    However, i have paid over 50% of the total cost of the loan including ppi ( which im going to claim back) also as yes car went bust, the debt is now owned by a company called direct legal services based in brackley.

    i have been told under the consumer credit act that as i have paid more than 50% of the car, i can ask them to take the car back and disolve the finance.

    However, dlc have said they cant do that as they didnt have the original agreement with me over the finance.
    I feel that as they have bought the debt they have also bought the legal obligations

    Can anybody help im trying to sort my debts out and this is £100 a month that i could save to help with other ones

    Fran x

    :money:

    AFAIK that is only if the car is on hire purchase, you appear to have bought it on credit therefore you cannot just "hand the car back"
    Don`t steal - the Government doesn`t like the competition


  • Fran1974
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    I will find that out as im almost certain it states in the contract we can do it

    Can i ask them to supply a copy of the original contract?

    Have just spoke to a colleague who used to work for them and apparently u can hand it back it was part of their contract.

    Yes car were owned by provy so will go to them and see what i can do
  • derrick
    derrick Posts: 7,424 Forumite
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    Fran1974 wrote: »
    I will find that out as im almost certain it states in the contract we can do it

    Can i ask them to supply a copy of the original contract?

    Don't see why not, although they might come up with excuses why they can't.

    Where is your copy?
    Don`t steal - the Government doesn`t like the competition


  • derrick
    derrick Posts: 7,424 Forumite
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    Fran1974 wrote: »
    Have just spoke to a colleague who used to work for them and apparently u can hand it back it was part of their contract.

    Yes car were owned by provy so will go to them and see what i can do


    If it is in the contract, then I cannot see a problem.
    Don`t steal - the Government doesn`t like the competition


  • Fran1974
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    It has been misplaced in our recent moves, as the kids thought they were being helpful in getting rid of a few boxes for us on bin day..

    Am i quoting the right act when i say to them the consumer credit act and tell them that i want to do deal with that under this
  • derrick
    derrick Posts: 7,424 Forumite
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    Fran1974 wrote: »
    It has been misplaced in our recent moves, as the kids thought they were being helpful in getting rid of a few boxes for us on bin day..

    Am i quoting the right act when i say to them the consumer credit act and tell them that i want to do deal with that under this

    Consumer Credit Act is what it should come under as it is credit.

    Plenty of info by clicking the links.

    Hire Purchase
    Don`t steal - the Government doesn`t like the competition


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