Quick questions on Consumer Rights

wealdroam

Hoploz wrote: »

I cancelled an online order (before 9am) as I had been waiting 4 weeks when it should have taken a few working days, following many email exchanges asking where it was.
The company then dispatched later that same day, (they sent email at 3pm to tell me) I emailed to reiterate that I had cancelled and they should get it back from courier.
It then turned up next day.
I refused it (I had purchased elsewhere)
They want to charge me £15 for refusing parcel, rather than accepting it and sending it back separately.

My gripe is, I cancelled BEFORE dispatch, and later told them they should not send it, and they still did.

Surely I am entitled to a full refund?

You are indeed entitled to a full refund, provided you cancelled in a durable form.
As you cancelled by email that is ok.

Page 22 of the OFT's Guide to the DSRs says...

Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

Also, on page 25 it says you are entitled to a full refund...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

Hoploz

Thank you very much. Hidden away in tiny print I see in the T & C's say goods should not be returned at sender's cost, but I can quote this now.

I gave them so much warning that I would cancel if it went on any longer, I was so cross when they stated the refusal as the reason for the charge ... Ooh I could grumble on forever!

Thanks

Zoe0610

I ordered a wedding cake for my wedding from a local shop 8 weeks in advance. The shop did not require a deposit, or give me any written confirmation. They asked me to go to the shop 4 days before the wedding to drop off the cake topper.
When I returned 4 days before the wedding, the shop was shut with a sign saying they were on holiday until the day after my wedding.
I therefore had no wedding cake for my wedding.
Am I entitled to any compensation for the disappointment and inconvenience?

wealdroam

Zoe0610 wrote: »

I ordered a wedding cake for my wedding from a local shop 8 weeks in advance. The shop did not require a deposit, or give me any written confirmation. They asked me to go to the shop 4 days before the wedding to drop off the cake topper.
When I returned 4 days before the wedding, the shop was shut with a sign saying they were on holiday until the day after my wedding.
I therefore had no wedding cake for my wedding.
Am I entitled to any compensation for the disappointment and inconvenience?

As you appear to have nothing in writing, you may struggle.

Of course, a verbal contract is just as binding as a written one.
The problem is proving who said what.

Sharpey0408

Aloso worth remembering that English law generally is not based on damages to penalise, rightly or wrongly. Whilst pian, suffering and loss of enjoyment are claimable in personal injury and discrimination cases, the levels are very low compared to other countries. Your situation is a breach of contract claim, and whilst I can imagine this spoiled your day somewhat, in terms of loss or putting you in the position you would have been in had the contract been performed, it looks like a hard claim. Some people may think of going to the local paper to shame the company, but this is also not without risk if you are not on solid ground evidentially.

Hope this helps.

ken666

Hi
I have a LG home cinema system which was repaired in warranty in Feb.
However the same fault has developed and LG state that as it is no longer under warranty I am liable for repair. Don't they have to supply a warranty with repairs ?. Any ideas folks.

wealdroam

ken666 wrote: »

Hi
I have a LG home cinema system which was repaired in warranty in Feb.
However the same fault has developed and LG state that as it is no longer under warranty I am liable for repair. Don't they have to supply a warranty with repairs ?. Any ideas folks.

Firstly, no the manufacturer does not have to supply a warranty on repairs, although most usually do supply a short warranty, say three months.

Remember, a manufacturer's warranty is in addition to your statutory rights.
A manufacturer does not even have to supply a warranty at all, but that might not be a good commercial idea.

You may have a good case for asking the retailer for a remedy.
Have a read of MSE's Consumer Rights article to better understand your rights with the retailer.

It also might be worth reading their How to Complain article.

gmfavon

I purchased a bathroom suite from wickes and had it delivered less than 2 weeks ago. We had it fitted last Wednesday. Last night the cold tap did not stop running even though the the tap was turned off. We had to turn the cold water off by the valve to stop the water. I phoned my plumber who said that the fault has to be with the tap and I need to contact wickes as they will need to replace and fit or pay for the refitting as it has developed a fault. I contacted wickes today and they said they need to contact the manufacturer to see if there is a fault with it and they will get back to me tomorrow. What are my rights and what should I expect? Thanks for any advice you can offer
gmfavon

mstr9986

Hi, I decided to buy a new 62 reg car on fianance. I then thought about it over night on thursday and decided that a 1.2 corsa may not be right due to boot space and engine size. I rang them up and had the reply "you can change the engine size or type as the car is now on order".
I have been told by law you are supposed to get a 7 day coolling down period so i could change my mind and if so would it affect my £100 deposit.
thanks in advance. Paul

wealdroam

mstr9986 wrote: »

Hi, I decided to buy a new 62 reg car on fianance. I then thought about it over night on thursday and decided that a 1.2 corsa may not be right due to boot space and engine size. I rang them up and had the reply "you can change the engine size or type as the car is now on order".
I have been told by law you are supposed to get a 7 day coolling down period so i could change my mind and if so would it affect my £100 deposit.
thanks in advance. Paul

I guess you meant to say "you can't change the engine size or type..."

There is no cooling off period just because you have changed your mind and want your deposit back.

Might be worth reading Is a deposit ever refundable?

Have you actually signed a credit agreement yet?
Not sure there is a cooling off period for a credit agreement signed on the dealer's premises.
Perhaps someone else will clarify that.