Cargo 30% Cancellation Charge

NeilF3485

thanks, this is the kind of helpful response I was looking for, I will look into it.

isplumm

shaun_from_Africa wrote: »

The first thing that I would write to Cargo and ask them to supply written details of exactly how they calculated the £248 deduction.
Then if they don't respond or you are not happy with their reply, send them a further letter informing them that you consider the deduction illegal under the "Unfair Terms in Consumer Contracts Regulations 1999", and that you will be contacting Trading standards to seek their advice.

These regulations make it illegal for businesses to impose unfair conditions on customers, even if these terms have been stated beforehand.
Specifically, I would refer them to this:

which can be found here:
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf

Hi,

I understand what you are saying Shaun, but Cargo don't actually have to accept a return at all, as there was nothing wrong with the sofa .... I am surprised they accepted the refused delivery to be honest.

Mark

isplumm

NeilF3485 wrote: »

I am fairly sure I said I'm aware they don't have to - but they do, so therefore am I not within my rights to find out if they can then claim something is for "losses" if it isn't?
Again, if they simply said "any cancellation will incur a 30% charge" then I would have no argument - but they don't!

Indeed of course you can - but I suspect that they could come up with something ... but in reality if they accepted the refused delivery & therefore took the sofa back, I would be pushing to find out exactly how they got to the £248>

Mark

NeilF3485

The delivery drivers told me to refuse the delivery, I hadn't even mentioned it at that point.

I understand that statutory rights etc. they don't have to accept return unless faulty, but they choose to do so, and also choose to phrase it as "....may charge up to 30%..." - the very fact they say "may" is enough to make me want to know why they are choosing to in this case.

Will keep on battling and see where we get to - last I heard was store manager saying she has spoken to area manager and he says I have to put in writing to customer services as they "don't have authority"; told her I bought from that store so should deal with that store as customer services deals with online orders only according to their website. Also believe if is just an authority issue then she can call whoever she needs to to get the authority as she isn't going to accept me saying "customer services said it was fine"!

Basically not disputing my reasoning behind not wanting to pay the 30% - just passing buck saying "no authority"

shaun_from_Africa

I understand what you are saying Shaun, but Cargo don't actually have to accept a return at all,

They do have accept the return (even if it simply because the goods were unsuitable), if this was stated on the receipt, in the shop, or on a website.
In these cases, any terms and conditions regarding returns and refunds form part of the contract, so provided that the OP was informed of the refund policy, they couldn't legally refuse to abide by it.

NeilF3485

thanks in part to Shaun from Africa's OFT statement, and having engaged in an email battle of wills and logic with head office (including an email directly from the Managing Director of Cargo at 1am this morning and again this afternoon), Cargo has agreed to issue me with a full refund!

Thanks for your help folks!

halibut2209

Excellent result!