Consumer Rights: MoneySavingExpert.com discussion

turkeyticko

the engineer said it was an lcd failure ? thanks for the help.

morton

Hi all,

I'm in the process of returning some goods (within 7 days) to an online retailer. I remember seeing something on the BBC news before Christmas stating that under distance selling regulations retailers are required to refund the entire cost including postage.

The retailer I'm in contact with is disputing this and every site I look on sends me through numerous links which don't clarify this point.

I'm looking for something official to quote at them!

Any help from someone better at this than me would be greatly received

Many thanks

Morton

cook0891

Morning all,

Hoping someone can help me.

I ordered an orange dongle through orange sales. It never got delivered so I cancelled, no problems there. I then took out the same contract I was going to have through the shop. I got told I would get a 14 day cooling off period and have it for a trial to see how got on with it.

I have now decided that I want to return the item. This is due to:
*poor signal, takes ages to get anywhere
*got told I would get 22 hours of usage (pro-rated to run in line with phone contract so roughly 8.5 hours this month and used all within 4 hours)
*can get better deal elsewhere now

I went into the shop yesterday only to be told can only cancel over phone. Tried ringing today only to be told can only do through shop. So rang shop up and aired my complaints. Got told there is no 14 day cooling off period as per contract. I have read the small print and does say 14 day money back not available but isn’t there a direct debit guarantee and some consumer laws? They said only way would take it back is if signal was poor, I think it is but their system apparently says its excellent, but aren’t they bound to say this?

I feel was mis-sold this contract and as 18 month contract worried I am stuck in it.

Any help would be much appreciated.

Thanks,

Daniel

derrick

morton wrote: »

Hi all,

I'm in the process of returning some goods (within 7 days) to an online retailer. I remember seeing something on the BBC news before Christmas stating that under distance selling regulations retailers are required to refund the entire cost including postage.

The retailer I'm in contact with is disputing this and every site I look on sends me through numerous links which don't clarify this point.

I'm looking for something official to quote at them!

Any help from someone better at this than me would be greatly received

Many thanks

Morton

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

From page 25; -
What specifically do I have to refund to the consumer if they cancel?

3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made including the cost of delivery. The essence of, distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.


From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.


In a nutshell, they have to refund the outgoing P&P, but if they informed you prior to delivery that you had to pay the return P&P,(as in 3.55 & 3.56 from the quote), then you will have to.

Remember the 7 days are 7 WORKING days beginning with the day after receipt of goods.

derrick

Also read Sections 10 & 14 HERE.

BLewis_2

Hi hope someone can help me out here.

On the 16/10/2009 I bought a pair of leather leggings (skinny pants really) from a store on-line called leatherotics.co.uk (yes I know dodgy name but I'd wanted skinny leather pants for ages and was just glad to find some at reasonable price). Anyway, I waited a few weeks and nothing showed up so i emailed them on the 5/11/2009 to ask what was going on and they told me they would find me a tracking number. On the 14/11/2009 they finally turned up. I tried them on and they were great, but when I went to take them off zip broke, I emailed them and they told me to return them for replacement. I didn't have chance to get to the post office until the 19/11 but sent them by special delivery as there were royal mail strikes on at the time. They were received and signed for on the 20/11.
I was never contacted by the company again and stupidly I kept on waiting for the pants to be returned to me but got distracted by christmas and various family dramas in the meantime. I phoned them yesterday to ask for a refund as I had been much more than patient with them and they had never contacted me since I returned the pants.
The woman I spoke to was very rude she insisted they had emailed me and that the pants I'd returned were perfectly fine, and the zip was not broken. She refused to give me a refund saying that the company policy was not to give refunds but did offer me a credit note, which I am not interested in.
Am I right in thinking that because the pants were returned within 7 working days that they legally have to give me a refund?
The woman I spoke to said she would ask the manager and get back to me, surprise surprise she never did. I am planning to phone them back today and speak to the manager directly myself.
I am useless at theses things, What should my next course of action be?

Also is it worth going through small claims court to retrieve £110? How much is it likely to cost me and do I have chance of winning?
I have saved all the emails and the tracking number from when I sent them back. Annoyingly I used money from my paypal balance to pay for the pants and by the time they had faffed about sending them in the first place and I had returned, them the 45days were up to claim money back through paypal.

Can anyone help?

Thanks
Rebecca

nomorespending

Hi all,
I know this sounds really silly but I'd be greatful of any advice. Today I went out in my vw passatt, with the weather as it is i put the heated seat on . By the time i got 5 mins down the road my seat was on fire, i nearly crashed and had to jump out of the car with the leather smouldering and smoking. The car stinks now of burnt rubber .. Once it had stopped i took it to my garage who took the fuse out so i can drive it safely. I bought it 3 years ago as an approved car ( its 53 reg) from a VW dealership. I know its not under guarentee but wondered whether i have any right to complain to VW or the dealers as surely my seat shouldn't do this.... hope i'm in the right forum... would be really greatful if anyone can offer any advise.. my seat now has a hole in it - should i claim on my insurance?

custardy

you bought it 3 years ago and its 6 years old
things go wrong,you cant expect a car to work forever without fault
i would source a 2nd hand seat and get it replaced

nomorespending

Thanks custardy.. i can live with the hole in the seat its no problem - can just put something over it - thats no prob, the seat isn't totally destroyed.. I agree with you it is 6 years old, just thought that i might have had a case to complain because of how dangerous it was.. Thanks for taking the time to reply .. i'll get some air fresheners out tomorrow for the car x

custardy

it would be worth checking the fuse for the heated seat and removing it
you have obviously had a short and you dont want power going to that circuit