Quick questions on Consumer Rights

StInWom

Hi everyone, I ordered a case of beers recently and just received today an email to let me know that one of them was now out of stock and that corresponding "beer tokens" had been added to my account, which is technically store credit. Can I push back and ask to receive a refund to my account instead of these tokens? The money was already taken from my account and I find it a bit pushy to force me to a future purchase via these tokens while it's not my fault if this specific beer is now out of stock.

Aylesbury_Duck

StInWom said:

Hi everyone, I ordered a case of beers recently and just received today an email to let me know that one of them was now out of stock and that corresponding "beer tokens" had been added to my account, which is technically store credit. Can I push back and ask to receive a refund to my account instead of these tokens? The money was already taken from my account and I find it a bit pushy to force me to a future purchase via these tokens while it's not my fault if this specific beer is now out of stock.

Yes you can, because they're not fulfilling the contract.

FRedmond

Evening all. Been a long time since I've been on the MSE forums. I used to post quite a lot on the old matched betting sub-forum a few years ago, but as with most matched-bettors I found that I eventually ran out of bookmakers willing to take a bet from me!

I was wondering if someone would be so kind as to give me some pointers in relation to a dispute a family member is currently in with an estate agent.

The estate agent was appointed to sell my family member's flat. A fee was paid for a 'marketing package', which I understand was a video tour that would have gone on Right Move etc. The contract stated that this fee was non refundable in the event of no sale being completed.

The estate agent then made a series of errors, culminating in a data breach where my family member's personal information was uploaded to the estate agent's website, Zoopla and Right Move, as they accidentally uploaded correspondence to the property listing, instead of the intended documents.

As the estate agent had already shown themselves to be incompetent, the data breach was the final straw. They were instructed that they were being fired, and a formal complaint was made.

Following this complaint they have offered compensation, but have refused a request to refund the fee for the marketing package on the basis that the contract states it is non-refundable in the event of no sale.

What I would like to know is, does it seem reasonable that the estate agent is refusing to refund the marketing package fee? The contract was entered into on the basis that they were competent, but the data breach (as well as several other less serious issues) fundamentally undermined trust, resulting in the decision not to proceed with a sale through them. Surely there is a point where a company makes such significant mistakes that it invalidates any term that states a fee is non-refundable?

Thanks in advance for any feedback!

Aylesbury_Duck

FRedmond said:

Evening all. Been a long time since I've been on the MSE forums. I used to post quite a lot on the old matched betting sub-forum a few years ago, but as with most matched-bettors I found that I eventually ran out of bookmakers willing to take a bet from me!

I was wondering if someone would be so kind as to give me some pointers in relation to a dispute a family member is currently in with an estate agent.

The estate agent was appointed to sell my family member's flat. A fee was paid for a 'marketing package', which I understand was a video tour that would have gone on Right Move etc. The contract stated that this fee was non refundable in the event of no sale being completed.

The estate agent then made a series of errors, culminating in a data breach where my family member's personal information was uploaded to the estate agent's website, Zoopla and Right Move, as they accidentally uploaded correspondence to the property listing, instead of the intended documents.

As the estate agent had already shown themselves to be incompetent, the data breach was the final straw. They were instructed that they were being fired, and a formal complaint was made.

Following this complaint they have offered compensation, but have refused a request to refund the fee for the marketing package on the basis that the contract states it is non-refundable in the event of no sale.

What I would like to know is, does it seem reasonable that the estate agent is refusing to refund the marketing package fee? The contract was entered into on the basis that they were competent, but the data breach (as well as several other less serious issues) fundamentally undermined trust, resulting in the decision not to proceed with a sale through them. Surely there is a point where a company makes such significant mistakes that it invalidates any term that states a fee is non-refundable?

Thanks in advance for any feedback!

As I see it, the general incompetence and data breach are separate matters to the marketing fee IF the fee was for the video and upload.  If they shot the video and uploaded it then no, your relative has no right to a refund.  If the marketing fee was for the video shoot, upload of the video AND upload of other documents (which they subsequently messed up) then they have a case.

I don't see that mistakes in one element invalidate any term if they're not related.

Nndh1

Can someone please advise? I bought some shoes online (in sale) paying through paypal. Shoes arrived and are extremely small fitting. Company refused refund and offered exchange only,. I opened a case on paypal as I thought I had 14 days to return  with buying online. PayPal closed case in their favour yesterday as they say I dont have the right to return just because they dont fit. To add to this the shop commented in the paypal case the shoes do come up very narrow and recommend sizing up (so arent true to size). PayPal stated that they are as described because they have size 39 written on them despite shop saying in writing  they don't fit true to size! Now paypal took so long to respond to the case I've lost my 14 days exchange they offered too. I want to appeal the case with paypal as I thought under long distance selling I had right to a refund as I had no way of trying them on first? Just to be totally clear, they aren't custom made  or anything. Any advice on where I stand here would be greatly appreciated, thank you. 

JJ_Egan

Long Distance   are they a non UK company ??

unholyangel

Nndh1 said:

Can someone please advise? I bought some shoes online (in sale) paying through paypal. Shoes arrived and are extremely small fitting. Company refused refund and offered exchange only,. I opened a case on paypal as I thought I had 14 days to return  with buying online. PayPal closed case in their favour yesterday as they say I dont have the right to return just because they dont fit. To add to this the shop commented in the paypal case the shoes do come up very narrow and recommend sizing up (so arent true to size). PayPal stated that they are as described because they have size 39 written on them despite shop saying in writing  they don't fit true to size! Now paypal took so long to respond to the case I've lost my 14 days exchange they offered too. I want to appeal the case with paypal as I thought under long distance selling I had right to a refund as I had no way of trying them on first? Just to be totally clear, they aren't custom made  or anything. Any advice on where I stand here would be greatly appreciated, thank you. 

If they're a UK company then the way to enforce your rights is via the courts, not paypal. Paypal have their own policy. They could have that policy mirror your statutory rights but they don't. Because their buyer/seller protection is just a gimmick to give people confidence to use their service, they're not really interested in protecting anyones rights - apart from their own. 

kscanes

Good Evening.  If I exercise my consumer rights to return an item bought mail order from a (supposedly) UK company that quotes a UK address on its website, can they insist I return the item to (for instance) Morocco?  (Paypal are involved, and the seller has eventually "accepted" the return, but Paypal are not going to issue the refund until tracking shows delivery to the address the seller is specifying.)

Thanks

Aylesbury_Duck

kscanes said:

Good Evening.  If I exercise my consumer rights to return an item bought mail order from a (supposedly) UK company that quotes a UK address on its website, can they insist I return the item to (for instance) Morocco?  (Paypal are involved, and the seller has eventually "accepted" the return, but Paypal are not going to issue the refund until tracking shows delivery to the address the seller is specifying.)

Thanks

What company did you buy from?

nkaur98

HELP! My dad did a resin course which he paid a lot of money for however he has not received the aftercare or information nor certificate of completion as stated when he booked it. Upon looking at the reviews, all seem to be good which is confusing as me and other members of the family have called multiple times and emailed in the past few months but have gotten NO reply at all! Please help!