Consumer Rights: MoneySavingExpert.com discussion

ScottishSapper

campinghelp wrote: »

i did send the tent back but did not realise i could send it back at their cost

I would go ahead and send the Registered Letter as a bottom line state if the full refund is not recieved in the 30 day (from when you returned it) period you take it to the Small Claims Court.

I'm sure the Court (and everyone else) would find it reasonable to try to erect the tent.

rabpurves

I bought an LCD TV from a high street retailer for £325 with credit card, but when I got home much later after more shopping, I noticed that the visa receipt showed £3.25, but the sales receipt was for £325. I phoned my bank to see what had been charged and they said that there were 3 transactions made today. One for £3.25 (I purchased the telly at 12oclock) one for another store at 2.53pm and a third transaction relating to the tv for £321.75. This transaction was made after the 2.53pm transaction. I left the tv shop at 1220 and havent heard from them since. Anyway, what seems to have happened is that the tv shop has noticed the error, possibly when they were cashing up at the end of the day and have, on their own back, charged my card for the missing balance. As I entered my pin code (the card is chip and pin) at the time, it seems to me the shop has fraudulently used my card, without my permission to rectify their earlier error. I spoke to my bank and they have advised me to phone the shop tomorrow to find out how they have managed to charge the card, as they didnt have my pin number, nor the 3 digit security code, and my credit card people say they can reverse the second transaction when it shows on my visa account within 5 days. However, before I phone the shop, what is my best approach, and am I right in reversing the £321.75 transaction. as in theory I did agree at the time, to purchase the tv for £325?

deanos

So you want to reverse the transaction to get the TV for £3.25 then or are you going to go back to the shop after it has been reversed to pay the balance ?

rabpurves

deanos wrote: »

So you want to reverse the transaction to get the TV for £3.25 then or are you going to go back to the shop after it has been reversed to pay the balance ?

I want to know where I stand with the fraudulent use of my credit card, 3hrs 45 mins after I left their shop.

tiger_uk_2

Hi guys, I would like to start of with saying what a wonderful site this is and ponder on how much time and money you people must have saved people!

However, I have a bit of a problem.

I ordered a product from Kays (www.kays.com) and waited an age for a product to arrive (the product being a computer game). I phoned in a few times and they said the product will be with you on a certain date (14th of September). It didnt arrive by then. And then I phoned again a few days later and asked for a refund, but they said that it has been marked as sent, basically saying I've recieved it.

Now, I havn't recieved the product, but they are insisting that I have. I dont know what to do. I mean, if this becomes a major issue, i am confident that I will win because I havn't signed anything (i.e. delivery note). Or can I still lose the case even if i havn't signed anything since I suppose the product can fit through the postbox.

I know it may seem like I have pocketed the product but this is not the case, the only reason Im asking this is because a similar thing happened to my brothers friend, in which he ended up paying for the product he never recieved (or atleast thats what he told me). And I dont want to pay for something I never got.

So any help on this matter would be hugly appreciated!

Regards.

cathodetube

rabpurves wrote: »

I want to know where I stand with the fraudulent use of my credit card, 3hrs 45 mins after I left their shop.

Have you asked your credit card company's advice? Or called Consumer Direct? Maybe they do have the right to use the card in the way they did if it is to correct the original transaction.

ScottishSapper

tiger_uk wrote: »

However, I have a bit of a problem.
.

Hi Tiger

As Kays is a catalogue then I'm sure they are bound by the Consumer Protection (Distance Selling) Regulations 2000. You can read the full regulations at: http://www.opsi.gov.uk/si/si2000/20002334.htm
I believe it is down to the supplier to prove (non)delivery. At paragraph 7 (1) (a) 9v) (below) they should inform you prior to despatch what the method of delivery is.

I think it they should take your word for it that it has not been delivered!

Also, they breached the contract initially by failing to meet the original delivery date. However, I notice from their T&Cs they try to opt out (not sure if they can!) at para 4: 4.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

The OFT web site says: Enforcement - These regulations are enforced by the Office of Fair Trading, local authority trading standards departments in England, Scotland and Wales and the Department of Trade, Enterprise and Investment in Northern Ireland. So if you still have no joy from them have a word with your local Trading Standards

Information required prior to the conclusion of the contract
7. - (1) Subject to paragraph (4), in good time prior to the conclusion of the contract the supplier shall -

(a) provide to the consumer the following information -

(I) the identity of the supplier and, where the contract requires payment in advance, the supplier's address;

(ii) a description of the main characteristics of the goods or services;

(iii) the price of the goods or services including all taxes;

(iv) delivery costs where appropriate;

(v) the arrangements for payment, delivery or performance;

(vi) the existence of a right of cancellation except in the cases referred to in regulation 13;

(vii) the cost of using the means of distance communication where it is calculated other than at the basic rate;

(viii) the period for which the offer or the price remains valid; and

(ix) where appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrently;

malc_b

I'd like to bring to everyone's attention and get thoughts on this shoddy service from Tesco. Originally Tesco Cardiff, but also from their phone line.

Back in April I bought an MP3 player, a few months later headphones broke but my daughter is heavy on headphones so we just binned them and bought some more. A few weeks back the player stopped working it would hang at starting, PC could still access it and I removed all the songs before taking it back but 4 folders could not be deleted.

I found the receipt and took this back to Tesco's where they refuse to do anything about it because I had not got the accessories. What accessories I asked, to which they said, the headphones, well they broke and have been binned, the driver cd, well that is probably in the bin too you don't need a driver on XP, the lead, what the 2in no-use-to-anyone lead? You get the point.

I don't believe the sale of goods act says anything about accessories. Clearly you need to have and return the main item so that you can show and Tesco can test the item really is broken. But where do you draw the line? This seems a lot of wriggle room for the shops to avoid their obligations. You don't have the little plastic bracket that came with the part - sorry sir you've no rights.

BTW I did offer to accept a refund less the cost of those parts (they would be <£1 and the MP3 was £30). Tesco refuse to do anything without those accessories.

Any comments on whether this is lawful? I've raised this with trading standards too but have yet to receive a reply email.

Update: Trading standards have confirmed that Tesco is acting unlawfully. The sale of goods act does not demand I return everything although there could be an argument for knocking a bit off the refund.

Update: returned it to Tesco's Salisbury with no problem, although just to make sure I included an odd broken set of headphones (I did mention my daughter breaks them at lot) but the only question asked was did I have the receipt. In short the service you would expect. Tesco Cardiff need to go back to staff training. I was also less than impressed by Cardiff's special offer for students, near the door. Manual microwave 700W in black, £35. In another part of the store manual microwave 700W in white, £23. They even looked identical, same door handle, same controls. ~50% mark up for black then!

campinghelp

Please can anyone say whether they think that this reply to my problem is legal. By the way the goods were not damaged. The goods were sent back insured by the same company they sent the goods to me in the first place.Dear Sir, I have carefully considered the points that you have raised and come to the following conclusions. You apparently asked for a simple to erect tent and we recommended the Sunncamp Tarn 300 as one of the simplest tents that we sell. It is a simple dome tent with a minimum number of poles flaps zips etc. It also is modern and attractive and includes what most modern camper seem to require the feature of a sewn in groundsheet. That you found this tent difficult to erect I find extremely difficult to understand, but certainly do not consider the tent unfit for purpose and believe it is disingenuous of you to suggest this. However you have returned the tent and we have given you a refund. We have however deducted a small amount of money (I believe £13.95) as the tent was not returned to us in a state where we could sell it to another customer as a new tent. We have also incurred the staff costs invovled in checking that the tent was all present and correct. You mentioned our Terms and Conditions and I reproduce a section of them 6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage. 6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. Under 6.5 you have indeed got the right to return the goods and receive a full refund provided under clause 6.4 the goods have not been damaged in any way.Under clause 6.5 we should indeed have asked for adequate evidence that when being returned the goods had been adequately insured before we made any such refund. However we chose to make the refund promptly despite being reasonably sure that the goods had not been insured upon their return. I do not like to address such matters via e-mail especially as it appears that you must be refering to order number 9433 which is not in your name but in your previous e-mails you have not had the courtesy to include your order number to enable us to quickly trace your details and address. I believe that your claim has no foundation but must however apologise that is has taken me as long to reply to your query. Tom LambertManaging Director

MissSWN

Hi,
I made a transaction with a retailer some 3 months ago (the 2nd June to be precise). I made the transaction using my debit card. Unbeknown to me, i thought the transaction had cleared and had been processed (as would normally happen 0 transactions with debit cards from my expereince clear within 3 working days).

I received my bank statement for this month, only to find that the retailers had charged me this month! (3months later). It was for a reasonably large sum of money. Surely this isn't right. Do i have any legal rights?

anoyed consumer

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