Can I be charged for a cancelled delivery?

Xaqster

www. discountbicycles. co. uk

It is a lovely bike, I just fear that if there are any problems, then they will not be helpful.

I suppose that it would be useful to know if they could have charged me. I am sure this situation will come up again, i.e. a cancellation then the dispatch.

isplumm

Xaqster wrote: »

www. discountbicycles. co. uk

It is a lovely bike, I just fear that if there are any problems, then they will not be helpful.

I suppose that it would be useful to know if they could have charged me. I am sure this situation will come up again, i.e. a cancellation then the dispatch.

I was talking about them charging you for cancelling the bike .... keep an eye on your bank balance.

Mark

unholyangel

Interesting piece from the DSR:
The effective date for cancellations under the DSRs is the date on which the consumer gives notice of cancellation to you.

So effectively they sent you items which - at the time you sent them - you werent in contract for.

Would it really cost them £69 to return the bike? They can only charge you (even if the contract were still in place) the direct cost to them and not a penny more.

unholyangel

And also:
Can I charge the consumer the cost of insuring items that
I send out?3.20 No. These items belong to you until they have been accepted by your consumer. So you cannot charge your consumers for carrying risks that you should bear. See paragraph 3.36 for more information
(basically that unless you accept responsibility, it would be their responsibility for the......uhm well-being - sorry lack of sleep - of the bike).

And:
Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.

adam.mt

Since the bike is now in your possession you're entitled to a full refund under DSR but would need to arrange return courier yourself. There's no way, even fully insured, this will cost anything like the £69 the company is saying they will charge you to do it for you. Thus, if you wish to return phone up a few couriers and get quotes and return the bike.

Alternatively, you could have failed to collect the bike from your neighbour and inform the company you never received it. The courier would then be liable since without instruction otherwise they aren't supposed to leave deliveries with anyone but the address it was supposed to go to. Consequently, they'd probably call in on your neighbour to ask for the bike back and then reattempt delivery to you. At this point you could refuse the delivery and the courier would have to return to the bike shop.

But, if as mentioned, the bike's fine it's probably worth keeping it and just put the rudeness down to a 'one off' (unless it was really 'that' bad).

Should the bike shop not wish to play ball with the full refund then you can pass the matter on to your credit card company who are jointly liable (assuming you paid that way).

fozmcfc

I'd say keep the bike if you're happy with it.

Email them saying about the customer service you received was disgusting and also tell them you will be passing on all correspondence to the relevant bodies as you have clear evidence that they are breaking the law when it comes to the distance selling act.

That way you keep the bike and manage to have a go at them and also why not pass the info on, they probably have conned customers in the past with regards to the DSR.