Help Needed - Can they really do this?

miss_t_2

Hi,

If this isn't in the right place can somebody please move it as I wasn't sure where to post.

I really need help. Basically, my partner's car needed a new engine which we found using "find me a part" on Saturday. The total cost of the engine was £552 and we were told it would be delivered on Tuesday. Tuesday came and the company rung us saying nothing could be delivered due to my partner needing to sign terms and conditions as the amount was over £500. As we were not told about this and desperately needing the car back on the road, my partner told the salesman that he would have to cancel the order as he wasn't told about this and needed the engine asap. The salesman explained he was new and basically forgot about this and would cancel the order.

This morning an invoice came from the company and after checking my bank account they have taken the money off my credit card even though we hadn't signed the paperwork and cancelled the order.

As far as I'm concerned we had cancelled the order so can't understand why they have taken the money especially after we were told nothing could proceed until the t&c had been signed.

After half an hour on the phone arguing about this we have been told a cancellation hadn't been made in writing so our cancellation on Tuesday didn't count. I told them that we weren't told this but apparently that doesn't matter as it's on the terms and conditions. I have also been told that although I am cancelling it I have to pay a 25% surcharge (wasn't told about this on Tuesday) which is also on the blasted T&C which we didn't see until today. :mad:

I am so angry with the whole situation. The person I spoke to is going to try to put a stop to the delivery (we already have another engine which is being fitted as I type) and will see if his boss will wave the surcharge (unlikely) but he will not accept my point that we were told none of this and this is the fault of the salesman as he didn't give us all of this information to start with.

I really want to put in a complaint but I don't know who to or where to begin. The person said he didn't think I had grounds to complain but I feel I do, we weren't told paperwork had to be signed originally, nor were we told about the cancellation needing to be in writing or that there would be a surcharge as we obviously wouldn't have cancelled as this car is really mucking up the tight budget that we are on anyway we can't afford to waste £138.

Any help or advice would be much appreciated. I am now off to stocktake my food as I am going to have to live out of my cupboards and freezers for the next month now I have to pay the surcharge also on the top of everything else. There will be no celebrations for my 30th now that's for sure!

molerat

You have 7 working days from delivery to cancel under the distance selling regulations. Cancel now in writing / e-mail stating the DSR's. They must provide a full refund including any delivery charges. They cannot charge any admin / restocking fees. If they don't play ball then do a chargeback on your credit card.

miss_t_2

Thanks for that - I wasn't aware of the regulations properly. Things are going from bad to worse - I didn't type the email address in properly so I've just resent it - this time I added the information about the Distance Selling Regulations.

Having never done a chargeback on my card, could someone please tell me what this entails?

Thank you for all of your help, I can imagine the company is going to be really awkward with us.

stugib

molerat wrote: »

You have 7 working days from delivery to cancel under the distance selling regulations.

Not familiar with this type of business, but it sounds more like a service - they find the requested part and facilitate the transaction - rather than a supplier/retailer of goods. DSRs may therefore not apply, and the 25% may be to cover the service they've already provided.

rev_henry

Write to them/email them (best not phone as there's no record and they're already being funny about phone conversations) and say 'I don't care about any of your t&cs or any crap you've told me, I am exercising my rights to cancel as agreed with your colleague by phone and also under the DSRs and require a full immediate refund. If this is not forthcoming I shall pursue a chargeback on my Visa card (presuming you paid by visa?) through my bank.'

A chargeback is a special procedure that visa do, and allows you to basically reverse a transaction. To do it you just contact your bank. The procedure is different if you didn't use a visa card but is still possible another way if you paid by CREDIT card.

miss_t_2

Hi

The "find me a part" website was a free service online where you put in the details of what you want and companies get in touch with you offering the part.

The company in question which is a salvage company already had the part in stock and contacted us to say so.

What concerns me is they catergorically told us that no payment or delivery could be made until we had signed the paperwork and they didn't tell us about the cancellation policy either. No paperwork was signed and they still took the money and will still charge me a surcharge even though they didn't explain this.


Tbh I just feel like paying the stupid surcharge and put it down as a very expensive lesson learnt. However I don't have that sort of money at the moment - I am literally looking at the areas in which I can cut back to cover it which is hard at the moment as I've already cut back loads because I've transferred my 2 credit cards to 0% ones and wanted to pay off as much as I could so I could work towards being debt free as soon as possible.

Needless to say I am thoroughly depressed and upset by this whole situation.

miss_t_2

rev_henry wrote: »

Write to them/email them (best not phone as there's no record and they're already being funny about phone conversations) and say 'I don't care about any of your t&cs or any crap you've told me, I am exercising my rights to cancel as agreed with your colleague by phone and also under the DSRs and require a full immediate refund. If this is not forthcoming I shall pursue a chargeback on my Visa card (presuming you paid by visa?) through my bank.'

A chargeback is a special procedure that visa do, and allows you to basically reverse a transaction. To do it you just contact your bank. The procedure is different if you didn't use a visa card but is still possible another way if you paid by CREDIT card.

I paid using a Mastercard. In my 2nd email I put that I was cancelling as were my rights under the DSR and that if they still charged me the surcharge I would be pursuing the matter further. However as I sent it at 6, I doubt I will hear from them until Saturday and they will probably phone then. However I will probably just let the call go to answerphone and email them so I have a record of our conversation.

blue_monkey_2

Please do not email. WRITE and sent it Special Delivery. Send it Saturday (post closed tomorrow) and it will arrive on Tuesday. This will be well within the 7 working days.

Add the notes from the DSR's, they did not comply with 3.1 or 3.14

DSR's are here: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Take note of notes: 2.8, 3.2 (page 17), 3.48

More importantly 3.35 and 3.55.

Personally, I'd be printing the relevant pages out, highlighting them and sending them with the letter because they clearly do not understand the DSR's/ I'd give them 14 days and tell them that if they do not refund, you will start action to recover the monies owed in full - and if they do not refund within 14 days, go to Mastercard and tell them and get a refund this way.

miss_t_2

Seeing that I have already emailed shall I just send the letter anyway with the additional info you have added?

blue_monkey_2

OP, note 3.26 regarding how to cancel, a phone call is not acceptable but I would be concerned they could say an email did not arrive so Special Delivery is guarenteed to get it sorted in time.

blue_monkey_2

miss_t wrote: »

Seeing that I have already emailed shall I just send the letter anyway with the additional info you have added?

Absolutely, I would add 'following on from my email regarding cancellation (and attach a copy) I am confirming cancellation because ......

IF you need to take civil action to get your money (which is VERY easy to do) you need to make sure you have everything written and recorded and have proof that you gave the correct notice.