What rights when paid by credit card

unholyangel

I would contact them first. You've only had the bike 2 days? Under SOGA you can reject faulty/damaged items within "reasonable" time.

It doesnt stipulate what reasonable is but i'd say 2 days is VERY reasonable Try emailing them/phoning them and seeing what they say. With faulty/damaged goods, they should be responsible for return costs.

Once you've spoken to them, if you need anymore help.....just ask

Tillydot

Hello Again
I rang the on line shop this morning and they said I have to package the bike up as it was, which only involved bubble wrap. Then take a picture of the bike and email to them and then they will arrange collection. I have read companies then can say they havent received the goods and not pay you and what proof do I have its gone if and when they collect? Should I contact the credit card people to put them in the picutre if the on line shop dont pay up?

unholyangel

Although many retailers will request products to be returned in a saleable condition in their original packaging, they cannot make it a condition of giving you a refund.

Also, unless otherwise stated in their terms and conditions, your only obligation is to make the goods available for collection and take care of them while in your posession.

The SOGA says refunds should be issued within reasonable time - but doesnt define what reasonable is. The DSR however, states that you should receive a refund within 30 days of cancelling.

Of course, you have the added protection because you paid by credit card, so should anything go wrong, you should be able to contact your card issuer for a full refund

Give them the benefit of the doubt first though. Sometimes you've heard so many horror stories that you assume you'll have trouble and in actual fact, they do everything they're supposed to and sometimes more.

Tillydot

Thanks for that. The trouble is if I dont take the picture and email it showing the bike in the bubble wrap they wont order it to be picked up so I suppose I will have to do what they have asked?

unholyangel

Tillydot wrote: »

Thanks for that. The trouble is if I dont take the picture and email it showing the bike in the bubble wrap they wont order it to be picked up so I suppose I will have to do what they have asked?

Well it seems a reasonable request....unless of course you've discarded of the bubble wrap. But if you still have it and there isnt a genuine reason for you not to, i would comply with their request.

But as long as you're being reasonable they dont even have an excuse (never mind a valid reason) for depriving you of your rights that you are entitled to according to consumer law.

But under DSR, they cannot make the refund conditional upon receipt of the goods. See below:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

Refunds
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.

Mekmj

Can someone help you with emailing the photo if that will be difficult for you? When they pick it up - make sure you get a receipt. Once you've cancelled the contract for the bike - which I assume you now have, they have 30 days to pay you back. Rather than bring the credit card company into it as this stage, see if the bike company can provide either a non-damaged replacement or your money back. Leave the section 75 claims till you see what the company can do (even though you don't need to wait as the credit card company are equally liable.) Good luck!

Tillydot

Hello
Not having much luck with this company. I bubbled wrapped the bike, rather well if I do say so myself. Took the picture, downloaded it, emailed it to them and in the email told them the faults on the bike and I no longer wanted the bike but wanted my money back. Heard nothing from them. Rang them yesterday and he asked me to tell him again what was wrong with the bike, asked a lot of questions, felt he was trying to trip me up. He then said he would get onto the courier and ring me that day. Heard nothing yesterday, rang him again this morning and he said he needed a picture of the damaged wheel. Told him that was a waste of time as you could only see the wheel wobbling when you were riding the bike. He said he would get onto the courier and ring me with the details, again nothing. I am at a loss what to do next. Do I contact the credit card company. I feel they are trying to waste time and then say I cant send it back. I sent a copy of the email by post, recorded to their head office. I am a bit worried by the last post (sorry cant remember the name of the poster) who said the following: (Once you've cancelled the contract for the bike) is that something I should have done and what does it mean? Thanks for any help you can give me. I've got a horrible feeling I'm going to get stiched up with this company.

isplumm

Tillydot wrote: »

Hello
Not having much luck with this company. I bubbled wrapped the bike, rather well if I do say so myself. Took the picture, downloaded it, emailed it to them and in the email told them the faults on the bike and I no longer wanted the bike but wanted my money back. Heard nothing from them. Rang them yesterday and he asked me to tell him again what was wrong with the bike, asked a lot of questions, felt he was trying to trip me up. He then said he would get onto the courier and ring me that day. Heard nothing yesterday, rang him again this morning and he said he needed a picture of the damaged wheel. Told him that was a waste of time as you could only see the wheel wobbling when you were riding the bike. He said he would get onto the courier and ring me with the details, again nothing. I am at a loss what to do next. Do I contact the credit card company. I feel they are trying to waste time and then say I cant send it back. I sent a copy of the email by post, recorded to their head office. I am a bit worried by the last post (sorry cant remember the name of the poster) who said the following: (Once you've cancelled the contract for the bike) is that something I should have done and what does it mean? Thanks for any help you can give me. I've got a horrible feeling I'm going to get stiched up with this company.

Hi,

I would make sure you a copy of all correspondence - I assume that you have told him that you rejecting under DSR? In writing?

I would suggest that if so, write a letter to him (post it signed for / recorded so you know he gets it) saying something like - further to my email / letter / telephone call rejecting under DSR I now require refund within 7 / 14 days - inform that you will be informing the cc of this as well.

Call the cc company & inform them of the situation - want to start claim under s75.

Mark

unholyangel

Hey,

Dont worry, all you need to do is inform them you wish to cancel within 7 working days - which you have done. It doesnt matter how long they delay, it wont change that you informed them you wanted to cancel.

What the above poster meant is that as long as you have informed them you want to cancel, they have 30 days from the day you inform them to refund your money.

Mekmj

Agree with previous posters - don't worry - sorry that I used more technical language. Basically when you buy something at a distance, you can say you don't want the goods (for whatever reason - you can reject if you just don't like the goods, so you don't need to give him loads of reasons/ photos of damage) for seven days after the day the goods are delivered. You have done this - then the bike company needs to give you a refund in 30 days and that is whether they pick the bike up or not. It's in their interest to pick it up.
If it is worrying you once you've told the bike company this, you might want to phone your credit card company, inform them that you may need to make a section 75 claim for the bike due to the company breaching the distance selling regulations. good luck and don't worry - as you bought on your credit card, you are in a good position.