Can I demand a refund? Please help!

scullster

For good measure, as well as keeping strictly to the DSR, I'd add up front that your have sought legal advice (oh and spell check your letter - adds to the professionalism)

4743hudsonj

scullster wrote: »

For good measure, as well as keeping strictly to the DSR, I'd add up front that your have sought legal advice (oh and spell check your letter - adds to the professionalism)

yes


the wonders of proof reading

emmacg

Could I ask for some more help with this please.

The company have called today to say they will refund my money minus a 5% restocking fee (or something like that) and a 5% credit card fee. Can they do this? I didn't think they could!

I have asked her to put it in writing so I can refer it to a solicitor as I'm sure they can't. Does anyone know for sure?
Thanks

emmacg

Oh and now it seems they have also added a clause into their terms and conditions saying they can do this! Good job I have the original terms printed.

4743hudsonj

emmacg wrote: »

Could I ask for some more help with this please.

The company have called today to say they will refund my money minus a 5% restocking fee (or something like that) and a 5% credit card fee. Can they do this? I didn't think they could!

I have asked her to put it in writing so I can refer it to a solicitor as I'm sure they can't. Does anyone know for sure?
Thanks

under DSR they cannot do that

tell them that you demand your full refund without any charges as stated by the distance selling regulations, if they do not do so you will contact trading standards and take them to small claims court

and id would ring trading standards either way

theyve been given enough chances

time for a slap on the wrists

Ivory_Tinkler

emmacg wrote: »

Could I ask for some more help with this please.

The company have called today to say they will refund my money minus a 5% restocking fee (or something like that) and a 5% credit card fee. Can they do this? I didn't think they could!

I have asked her to put it in writing so I can refer it to a solicitor as I'm sure they can't. Does anyone know for sure?
Thanks

They cannot make these charges under distance selling regulations. For clarification you might like to give Consumer Direct a call. Even if they have this written in their terms on their website, they still are not allowed to make any sort of charges for a cancellation of order.

emmacg

Thanks!

I was pretty sure that they have no right to do this so I've e-mailed them to confimr my position and warn them they have until tomorrow lunch time to confirm a full refund - otherwise I'll be spending my lunch hour at the solicitors office.

scullster

I've been going something a little similar - Consumerdirect will confirm the position, I wouldn't bother with solicitors at this time as it should be straightforward enough without. You can tackle this yourself and feel well proud at the end of it all

Take a look at the DSR (Distance Selling Regs) to satisfy yourself and hold on to them original T&Cs. If its bespoke, you're stuffed (its not so you're okay), and if it had been delivered, they could charge you return costs (providing it is in their T&Cs) but its neither of those.

The fact that they would appear to have changed their T&Cs is pretty naughty (you bought under one set and they are now claim and something that trading standards