Littlewoods breaking terms and conditions

maximus999

Hi all advise needed.
I have a littlewoods catalogue and i ordered a washing machine on 18th October to be delivered on 21st October, i received a phone call the night before delivery to say it has been cancelled due to them not having any stock in the warehouse, i told them to cancel the order which they said they have done as i was going to currys to buy one which i did. 2 weeks on the money has not been credited to my account to the value of £379.00. My recent statement has arrived which includes payments for the washing machine, I have made 5 telephone calls lasting in excess of 20 minutes each to ask for this to be rectified. On each occasion they have said they are going to fill a form in to send to the relevant department which i replied to and said it is useless as they will not do anything as i am in the same situation 5 months later. Today the advisor told me to make a payment less the washing machine payment, I went on to state that i will be charged £12 for a late payment as i would not have paid the minimum amount and she said i would be credited back for this, i went on to say that my credit file will also show a late payment which she did not respond to. At this pint I am just going around and around in circles.
I the terms and conditions of the contract it states that cancellations or returns will be credited onto the account and will take up to 14 days.

Are they breaching the terms and conditions we have agreed on, if so what can i do?

Many thanks Ian

4743hudsonj

maximus999 wrote: »

Hi all advise needed.
I have a littlewoods catalogue and i ordered a washing machine on 18th October to be delivered on 21st October, i received a phone call the night before delivery to say it has been cancelled due to them not having any stock in the warehouse, i told them to cancel the order which they said they have done as i was going to currys to buy one which i did. 2 weeks on the money has not been credited to my account to the value of £379.00. My recent statement has arrived which includes payments for the washing machine, I have made 5 telephone calls lasting in excess of 20 minutes each to ask for this to be rectified. On each occasion they have said they are going to fill a form in to send to the relevant department which i replied to and said it is useless as they will not do anything as i am in the same situation 5 months later. Today the advisor told me to make a payment less the washing machine payment, I went on to state that i will be charged £12 for a late payment as i would not have paid the minimum amount and she said i would be credited back for this, i went on to say that my credit file will also show a late payment which she did not respond to. At this pint I am just going around and around in circles.
I the terms and conditions of the contract it states that cancellations or returns will be credited onto the account and will take up to 14 days.

Are they breaching the terms and conditions we have agreed on, if so what can i do?

Many thanks Ian

More seriously theyre breaking the law....

The consumer protection (Distance selling) regulations (or DSRs) 2000 stipulate that no refund should take longer than 30 days from cancellation.

Ill put the section and some links etc below.

Write a letter (send recorded delivery) titled letter before action quoting the law and state that you want the full amount refunded within 7 days
with any charges removed or you will begin small claims proceeding.

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

(2) The reference in paragraph (1) to any sum paid on behalf of the consumer includes any sum paid by a creditor who is not the same person as the supplier under a personal credit agreement with the consumer.

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

(4) Where any security has been provided in relation to the contract, the security (so far as it is so provided) shall, on cancellation under regulation 10, be treated as never having had effect and any property lodged with the supplier solely for the purposes of the security as so provided shall be returned by him forthwith.

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

(6) Paragraph (5) shall not apply where—

(a)the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment, or

(b)the term requiring the consumer to return any goods supplied if he cancels the contract is an “unfair term” within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999(1).

(7) Paragraph (5) shall not apply to the cost of recovering any goods which were supplied as substitutes for the goods ordered by the consumer.

(8) For the purposes of these Regulations, a personal credit agreement is an agreement between the consumer and any other person (“the creditor”) by which the creditor provides the consumer with credit of any amount.

From http://www.legislation.gov.uk/uksi/2000/2334/regulation/14/made

The OFT's guide to businesses on the DSRs also reflects this

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf;jsessionid=ED7B18C94C8D1047FCF8DFEF17C06854

maximus999

Hi, Thanks for the reply, unfortunately the 30 days is not up i am on day 17 now i beleive, where do i stand with the minimum payment as i dont want to pay for something that is not here and has been cancelled, reently O2, my contract mobile provider has sent me a bill which is also wrong. i queried this with them on the phone and the adviser said they had placed the decimal points in the wrong place which is going to overcharge me by £13. He told me to pay the amount asked for as he could not adjust it and they would reimburse me back the next month. WHY and HOW do these companies get away with doing this to their customers and WHY cant we place fees onto them like they do to us. I beleive that if whatever party has broken the contract the other party concerned should be able to terminate the contract with no monies due. They get away with daylight robbery.

4743hudsonj

maximus999 wrote: »

Hi, Thanks for the reply, unfortunately the 30 days is not up i am on day 17 now i beleive, where do i stand with the minimum payment as i dont want to pay for something that is not here and has been cancelled, reently O2, my contract mobile provider has sent me a bill which is also wrong. i queried this with them on the phone and the adviser said they had placed the decimal points in the wrong place which is going to overcharge me by £13. He told me to pay the amount asked for as he could not adjust it and they would reimburse me back the next month. WHY and HOW do these companies get away with doing this to their customers and WHY cant we place fees onto them like they do to us. I beleive that if whatever party has broken the contract the other party concerned should be able to terminate the contract with no monies due. They get away with daylight robbery.

Sorry i skipped all the dates and read 5 months and assumed you were trying to say 5 weeks.

To be honest, to avoid further complications (note on credit history) Id pay the minimum are let hell loose to get my money back.

fieldsof

maximus999 wrote: »

Hi all advise needed.
I have a littlewoods catalogue and i ordered a washing machine on 18th October to be delivered on 21st October, i received a phone call the night before delivery to say it has been cancelled due to them not having any stock in the warehouse, i told them to cancel the order which they said they have done as i was going to currys to buy one which i did. 2 weeks on the money has not been credited to my account to the value of £379.00. My recent statement has arrived which includes payments for the washing machine, I have made 5 telephone calls lasting in excess of 20 minutes each to ask for this to be rectified. On each occasion they have said they are going to fill a form in to send to the relevant department which i replied to and said it is useless as they will not do anything as i am in the same situation 5 months later. Today the advisor told me to make a payment less the washing machine payment, I went on to state that i will be charged £12 for a late payment as i would not have paid the minimum amount and she said i would be credited back for this, i went on to say that my credit file will also show a late payment which she did not respond to. At this pint I am just going around and around in circles.
I the terms and conditions of the contract it states that cancellations or returns will be credited onto the account and will take up to 14 days.

Are they breaching the terms and conditions we have agreed on, if so what can i do?

Many thanks Ian

companys like littlewoods or shop direct as they are, hate to be contacted at the very top, write to mark newton jones the ceo of shop direct at skyways house speke liverpool. that should make them do something for you, and put in your letter that if he doesnt do something
then maybe aidan barclay (the owner) will

Freddie_Snowbits

fieldsof wrote: »

companys like littlewoods or shop direct as they are, hate to be contacted at the very top, write to mark newton jones the ceo of shop direct at skyways house speke liverpool. that should make them do something for you, and put in your letter that if he doesnt do something
then maybe aidan barclay (the owner) will

Brilliant advice mate. That will really shake 'em up.

Perchance the 30 days are not yet up not affect this then, OP cancelled the order when stock was out and the refund may still be in the system.

Torby

Littlewoods, Very and now Woolworths are ALL very adept at holding on to your money after cancellations or refunds...ESPECIALLY when they are in the wrong...they try to hide behind their T&Cs which state that refunds can take between 7 & 10 days...all very well but in their T &Cs that clause appears to relate to when you have an item already and are returning it.

Contact your cc company as well and create a real stink about these cheats.

neilmcl

Torby wrote: »

Littlewoods, Very and now Woolworths are ALL very adept at holding on to your money after cancellations or refunds...ESPECIALLY when they are in the wrong...they try to hide behind their T&Cs which state that refunds can take between 7 & 10 days...all very well but in their T &Cs that clause appears to relate to when you have an item already and are returning it.

Contact your cc company as well and create a real stink about these cheats.

Well as they legally have up to 30 days to refund your point is moot.

cyberbob

fieldsof wrote: »

companys like littlewoods or shop direct as they are, hate to be contacted at the very top, write to mark newton jones the ceo of shop direct at skyways house speke liverpool. that should make them do something for you, and put in your letter that if he doesnt do something
then maybe aidan barclay (the owner) will

Have you met sirmarcus? You'll get on really well.:rotfl:

Equaliser123

neilmcl wrote: »

Well as they legally have up to 30 days to refund your point is moot.

Not if the t's and c's say 14 days.

madmum12

Hi This is my first post so if im in the wrong place let me know!!

I was interested to read your posts regarding littlewoods mess ups. Last month i went in to pay my buy now pay later item before the interest kicked in and to my dismay they had added the interest early.
I was told that if i paid it now then a letter would be sent to sort it out. Payed the outstanding balance in full and thought nothing more about it.
Went in this month to make a payment and found out that the amount plus interest is still outstanding and im being charged for it:mad:. Phoned and a very helpfull advisor told me that it was a computer glich and could take 8 weeks to sort out?? Meanwhile im expected to pay for an item that i have already paid for. Im told that i can pay a reduced amount but will be charged a late payment fee of £12. I asked if this would affect my credit rating and they confirmed that yes it would!!!
So were do i stand? Im paying for something that i have already paid for and now cant afford to pay the monthly mimimum payment. Would appreciate any advice you may have x