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Consumer Rights: MoneySavingExpert.com discussion

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  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    Biggles wrote: »
    Well, they haven't bothered to reply to my email (many places either have a specific way for you to address returns or at least want a 'returns number' quoting), so I guess I'll return the book, with a printed copy of my email, get a proof of delivery, and hope for the best.
    Email notifying cancellation of order under DSR sent on 13 Aug, book posted back on 15 Aug and email confirming sent same day.

    No reply or acknowledgement received. What's my next step? Surely I'm not going to have to phone their wretched 0870 number?
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Biggles wrote: »
    Email notifying cancellation of order under DSR sent on 13 Aug, book posted back on 15 Aug and email confirming sent same day.

    No reply or acknowledgement received. What's my next step? Surely I'm not going to have to phone their wretched 0870 number?

    Can you not find a geo number from the "saynotot0870" site ?
    If not try asking in the forum, remembering to read the sticky relating to asking for a number under Geographical Requests

    Other than that it is going to have to be a recorded delivery letter requesting a refund, then small claims court for recompense.

    You did get some form of proof that you posted the book back?
    You really should not have posted it back without acknowledgment from them re returning, this is not necessary under DSRs.

    Have a read through [FONT=&quot]OFTs BUSINESS GUIDE TO DSR[/FONT]

    Also The Consumer Protection (Distance Selling) Regulations 2000 in particular S10, S11, S14,
    Don`t steal - the Government doesn`t like the competition


  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    I'm familiar with SayNoTo0870 but was really trying to not add to the postage expense by phoning them at all. ;-)

    But, as advised, I did get proof of posting.
  • nelly10
    nelly10 Posts: 22 Forumite
    edited 20 August 2009 at 9:55AM
    I bought a glass top garden table from a catalogue in may, 3 months ago. Yesterday the wind blew the parasol and some how the glass smashed! Everywhere!

    Can i return it after 3 months?

    In the catalogue it says no returns once assembled, but what are my rights?


    ( P.S i just rang them and they are sending me a replacement no questions! She wanted me to return the whole item, including glass, but when i told her it was in a million cubes all avor the pebbles she just said she'll send me a new one! Phew)
  • Art_2
    Art_2 Posts: 1,602 Forumite
    nelly10 wrote: »
    I bought a glass top garden table from a catalogue in may, 3 months ago. Yesterday the wind blew the parasol and some how the glass smashed! Everywhere!

    Can i return it after 3 months?

    In the catalogue it says no returns once assembled, but what are my rights?


    ( P.S i just rang them and they are sending me a replacement no questions! She wanted me to return the whole item, including glass, but when i told her it was in a million cubes all avor the pebbles she just said she'll send me a new one! Phew)

    you've been very lucky to get a replacement. Why would you think you could return the table at all. It wasn't defective and the retailer wasn't responsible for the damage, you were. You obviously had a very understanding person dealing with you.

    Regards,
    Art.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    derrick wrote: »
    Under the Distance Selling Regulations, you have 7 WORKING days, beginning with the day after receipt of goods to return without reason see Q 3 from the BERR link below
    Well, they've sent my refund but, as expected, only for the cost of the book.

    I assume they're trying it on, on the basis that I won't find it worthwhile pursuing them for the remaining £3.95. I assume they're probably correct in that assumption?
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Biggles wrote: »
    Well, they've sent my refund but, as expected, only for the cost of the book.

    I assume they're trying it on, on the basis that I won't find it worthwhile pursuing them for the remaining £3.95. I assume they're probably correct in that assumption?

    It is worthwhile sending them an email quoting the legislation from; - The Consumer Protection (Distance Selling) Regulations 2000
    S14 - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

    The £3.95 is your by right, not theirs to keep.
    Don`t steal - the Government doesn`t like the competition


  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    They don't seem to reply to emails (they said as much when I rang up and found they were sending my cheque) but they obviously know the rules so I assume, if I were to ring/write and told them I would take small claims action, they would pay up to avoid ending up having to pay my fee on top of their £3.95? There can be little question of my entitlement, as they refunded my cost within 7 days.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    No wonder they don't reply to emails - they don't receive them, despite quoting their contact address on their website! Both my emails have finally bounced, for unspecified reasons, each after almost exactly a week.

    Is it adequate, in such a case, to ring and ask for the P&P and, if they don't cough up, to threaten and then proceed with small claims action?

    Sorry if there's an eejit's guide to the procedure that I couldn't find, if so just point me at it ;-)
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Biggles wrote: »
    No wonder they don't reply to emails - they don't receive them, despite quoting their contact address on their website! Both my emails have finally bounced, for unspecified reasons, each after almost exactly a week.

    Is it adequate, in such a case, to ring and ask for the P&P and, if they don't cough up, to threaten and then proceed with small claims action?

    Sorry if there's an eejit's guide to the procedure that I couldn't find, if so just point me at it ;-)


    You can try phoning and asking, also ask them for the correct e-mail address so that you can put it writing as well, if they won't/can't give it to you, tell them if you do not receive it within 7 days you will write to them, increasing the cost of the refund by the postage amount, and if still no refund you will take them to the SSC, where it will cost them a lot more money and the judge will not be impressed that they would not adhere to the law, and that he may award you costs!
    Don`t steal - the Government doesn`t like the competition


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