Help - Can I get around T&Cs to get my money back?

a-great-figure

Hi, Can you help?

I have arranged to hire some equipment for these weekend. I did not realise but someone else has also hired the equipment (but from a different company and they are paying for it) and so I no longer need the equipment that I purchase and could have saved myself some money (about £350). The company says in their T&Cs that if you cancel in less than 7 days a refund cannot be given. We have not used the equipment and have no need for it. Is there any way around this? We have asked that the company provide a credit note for a future year and even suggested that they take an administration fee of say £50 but no joy. Any suggestions would be appreciate. We paid by Paypal through their website if that is a help. Many thanks in advance.

pinkshoes

You need to see this from their point of view: if you're hiring it for THIS weekend, then you've only left them 2.5 days to find someone else to rent it to, otherwise they'll be £350 down on takings. A £50 admin fee wouldn't mean alot.

If you should have given them at least 7 days notice i.e. before last saturday, and it's now tuesday, then how about offering them £200 (so 4/7 of the total fee)?

Can you not find someone else who wants to rent this equipment, so either sub-let it, or get them to rent it to this person then give you a refund.

I think their policy is correct.

a-great-figure

pinkshoes wrote: »

If you should have given them at least 7 days notice i.e. before last saturday, and it's now tuesday, then how about offering them £200 (so 4/7 of the total fee)?

Thank you, I have given it a go, and it has worked - they have refuned 50%:T

derrick

If you have ordered it "from a distance" then DSR will apply, and I am pretty sure that you can cancel,(especially if equipment has not been delivered), before the delivery; -

BERR
"Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods. In the case of services, it ends seven working days after the day the order were made. If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts"

See Right to cancel
10. -



A company T&Cs cannot take away your Stautory Rights.

OlliesDad

derrick wrote: »

If you have ordered it "from a distance" then DSR will apply, and I am pretty sure that you can cancel,(especially if equipment has not been delivered), before the delivery; -

BERR
"Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods. In the case of services, it ends seven working days after the day the order were made. If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts"

See Right to cancel
10. -



A company T&Cs cannot take away your Stautory Rights.

That relates to purchasing, not renting. If the DSR still applied to rentals you could take 5 days rental and on the 6th day call to say you no longer needed it and therefore get the full amount back.

derrick

OlliesDad wrote: »

That relates to purchasing, not renting. If the DSR still applied to rentals you could take 5 days rental and on the 6th day call to say you no longer needed it and therefore get the full amount back.

DSR relates to purchasing and services, if the Op had not had the items delivered, they can cancel under DSR!

derrick wrote: »

If you have ordered it "from a distance" then DSR will apply, and I am pretty sure that you can cancel,(especially if equipment has not been delivered), before the delivery; -

BERR
"Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods. In the case of services, it ends seven working days after the day the order were made. If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts"

See Right to cancel
10. -

sarahg1969

We are assuming, of course, that the OP is hiring as a consumer and not as a business?

phlogeston

derrick wrote: »

DSR relates to purchasing and services, if the Op had not had the items delivered, they can cancel under DSR!

Distance Selling Regulations re services only allow 7 days from the date the contract is concluded.

But as this is a hire contract, not the supply of services, it is irrelevant.