Being conned out of £220.Distance Selling Reg

esuhl

rmim wrote: »

I guess we have to wait for a response now.

How long should I wait if I don’t get any reply from them?

I think the company looks so clearly dodgy, and your ability to prosecute is going to be limited/difficult if you don't know where the company are based.

I wouldn't wait and would contact the credit card company to make a claim under section 75 of the Consumer Credit Act. Get the lowdown on this before you contact them so they don't fob you off, though!

Good ol' Martin Lewis has a rather helpful article on making such claims. :money:

halibut2209

I'm agreeing with esuhl here

polyfiller

Don't know if this helps ... but I reckon you credit card company should be able to confirm the address (if anyone can). I had similar issue with Fireplace supermarket and I have to say, Capital One claims folks were excellent - I would never have found out the real comapny details without them.

rmim

esuhl wrote: »

I think the company looks so clearly dodgy, and your ability to prosecute is going to be limited/difficult if you don't know where the company are based.

I wouldn't wait and would contact the credit card company to make a claim under section 75 of the Consumer Credit Act. Get the lowdown on this before you contact them so they don't fob you off, though!

I see.
I will do that as soon as possible.

I hate waiting on the phone, is there no way to email barclays to get this claim form mentioned in the link?

Thanks for the reply esuhl.

esuhl

rmim wrote: »

I hate waiting on the phone, is there no way to email barclays to get this claim form mentioned in the link?

I would write to them (recorded delivery) and say that you want to claim against them for the full payment you made to Edock as you have tried to arrange a return the item but the seller has refused to honour the Distance Selling Regulations (and possibly the Sale of Goods Act if the item is not of "reasonable quality"), thus breaching the contract of sale. As the credit card company are "jointly and severally liable for any misrepresentation or breach of contract", you would like to make the claim against them.

Have a look at this letter (.doc file) mentioned in Martin's article. Most of it won't apply, but you can modify it as you see fit.

Jakg

rmim wrote: »

Often you go to argos and they tell you if something is excluded from the usual ??day money back. For example the ipod nano.

DSRs only apply to distance selling. Argos (in store at least) provide you the facility to inspect the goods, so DSR does not apply. They do, however, offer a cooling off period on some products - however there are other products (that they could not resell easily if used) that they do not offer this on.

Totally different kettle of fish.

rmim

Jakg wrote: »

DSRs only apply to distance selling. Argos (in store at least) provide you the facility to inspect the goods, so DSR does not apply. They do, however, offer a cooling off period on some products - however there are other products (that they could not resell easily if used) that they do not offer this on.

Totally different kettle of fish.

HI Jakg,

My point was that places like Argos tell you if anything is excluded from the cooling off period (or whatever it's calld in argos's case). It's clearly marked in the catalogue, the person taking your money informs you at the till and then it's clearly marked on the receipt. That gets a big thumbs up from me, as you know from the start it's excluded, not when you try to cancel.

Edock.tv told me that the item was excluded after I tried to get my money back -

It would have been nice (legal requirement perhaps???) if they said it was excluded from any cooling off period in the advert. Turns out Edock are probably lying or very confused.

rmim

esuhl wrote: »

I would write to them (recorded delivery) and say that you want to claim against them for the full payment you made to Edock as you have tried to arrange a return the item but the seller has refused to honour the Distance Selling Regulations (and possibly the Sale of Goods Act if the item is not of "reasonable quality"), thus breaching the contract of sale. As the credit card company are "jointly and severally liable for any misrepresentation or breach of contract", you would like to make the claim against them.

Have a look at (.doc file) mentioned in Martin's article. Most of it won't apply, but you can modify it as you see fit.

Will barclays try to contact edock.tv?

Brooker_Dave

esuhl wrote: »

I would write to them (recorded delivery) and say that you want to claim against them for the full payment you made to Edock as you have tried to arrange a return the item but the seller has refused to honour the Distance Selling Regulations

DSRs only apply to traders from the EU, it would appear that OP recieved his goods from outside the EU, so no DSRs.

bris

Brooker_Dave wrote: »

DSRs only apply to traders from the EU, it would appear that OP recieved his goods from outside the EU, so no DSRs.

It appears the trader is from the UK so DSR does apply. Most of the EU now get their good from outside the EU, as in China, so does that mean everything from China is not suject to DSR?
No of course not.