Distance selling regulations and retailers defaulting

Remedial_Massage_Kid

Hi I bought some goods from an online retailer. I sent them back within the 7 days for refund. I got an email from retailer stating I could not have a refund as I had used the items, which I had not. They claimed that there were witness devices that could detect use. These devices were only mentioned once you had asked for a refund and no where in the company's terms and conditions, consumer direct state this may contravene unfair contracts act. I certainly couldn't see any.

The items are a pair of limbs for an archery bow. Consumer Direct state that even if I had put the limbs in my bow, that does not constitute use. They also said that a consumer is not going to know if an item is suitable if they have not tried them. I you go to an archery shop you can try limbs and are under no obligation to buy them.

I have since learned that this company will do all it can to not give refunds.

I have been to the credit card company who have pursued said retailer. They state that as there is a dispute between retailer and myself, they can not get involved.

My understanding is, that being as the credit card company has joint liability, they are responsible for making the refund to me.

They are stating that they have seen no documentary evidence to suggest that the retailer in is breach of contract. Although he is clearly in breach of the distance selling regs 2000 (?).

I will go back to consumer direct see if there is anything they can do, but surely the credit card co are fobbing me off here.


Thanks


Kevin

thenudeone

Yes, credit card companies will try to fob you off. If they can persuade you that you can't claim from them they will have made more profit.
Some are better than others. In my experience, egg have been helpful whilst Halifax were dreadful.
Perhaps the only "documentary evidence to suggest that the retailer in is breach of contract" they would accept is a court decision on the matter.
It is an implied term of every consumer contract that all your legal rights are honoured including the Distance Selling Regulations.

Research your rights, then send a letter plus copies of any documents by recorded delivery, requesting a full refund.
If you don't get a positive response, make a written complaint, by recorded delivery.
If this does not bring joy after 8 weeks, you should make a complaint to the Financial Ombudsman.
If you have legal cover with your home insurance, contact them and get them to do the legwork.

Here's a couple of useful websites:
http://www.which.co.uk/news/2011/01/10-facts-about-s75-and-chargeback-on-credit-cards-242559/
http://www.independent.co.uk/money/spend-save/legal-rights-of-cardholders-1364868.html

Remedial_Massage_Kid

Hi, thanks for that MSS.

Remedial_Massage_Kid

Hi, trading standards are going to write a letter to the retailer. I must say she doesn't sound very confident in a positive outcome.

We'll see.

Thanks

meer53

When you say they were not suitable, what do you mean ? If you mean that you couldn't use them but that they weren't faulty or defective then the credit card company can't dispute this for you. They can only use Visa regulations to dispute something unless you are going to start a Section 75 claim for breach of contract. If you are claiming breach of contract then the CC company will have to be involved and you should let them know about it straight away.