Help Needed - Can they really do this?

miss_t_2

Thanks for replying! I shall get started on the letter now. This is where it gets tricky though as the engine is due for delivery on Tuesday. Do we just ask our mechanic not to accept delivery for it and send it back?

rev_henry

miss_t wrote: »

Thanks for replying! I shall get started on the letter now. This is where it gets tricky though as the engine is due for delivery on Tuesday. Do we just ask our mechanic not to accept delivery for it and send it back?

Yes absolutely; just tell him to refuse to sign for it. Ah as you paid by mastercard chargeback works a bit differently. I'd just get onto your credit card company and tell them you want to do a chargeback (if it comes to this) and see what they say. Failing that Consumer Credit Act Section 75.

miss_t_2

One last quick question. My partner was repeatedly told he had to sign paperwork agreeing to the the terms and conditions of the sale before anything could be dispatched. He hasn't signed anything so he hasn't agreed to them and he wasn't told about them on the phone - is he still bound by the terms and conditions? I am so confused by this all! The terms and conditions also state that if he refuses delivery of the engine he is in breach of contract. So now I really don't know what to do.

Wig

blue_monkey wrote: »

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.

Ok OP contracted the service on a Saturday. If she sends cancellation notice on a Saturday is that not 8 days and thus outside the 7 day period? Or is it 7 working days?

Thanks

Good advice BTW :T

Wig

miss_t wrote: »

One last quick question. My partner was repeatedly told he had to sign paperwork agreeing to the the terms and conditions of the sale before anything could be dispatched. He hasn't signed anything so he hasn't agreed to them and he wasn't told about them on the phone - is he still bound by the terms and conditions? I am so confused by this all! The terms and conditions also state that if he refuses delivery of the engine he is in breach of contract. So now I really don't know what to do.

How would he sign paperwork? Were they supposed to send it to him and him to send it back? What usually happens is you are asked to tick a T&C tickbox on a website.

Scooby_Doo.

Wig wrote: »

Ok OP contracted the service on a Saturday. If she sends cancellation notice on a Saturday is that not 8 days and thus outside the 7 day period? Or is it 7 working days?

Thanks

Good advice BTW :T

The consumer has a cooling-off period of seven working days.

miss_t_2

He was sent them by post (2nd class) and they arrived today. Therefore we had no idea about the surcharge or anything. The engine was brought over the phone and we weren't told anything then about the terms and conditions needing to be signed or anything about them.

miss_t_2

7 working days shouldn't include the bank holidays should it?

miss_t_2

Sorry have never had to write a letter like this before and my head is now pounding and full of lots of stuff so I can't even think straight.

Dear

Following our conversation on Thursday 28th April 2011 and the requested email regarding cancellation from yourself(attached) please be aware that I am exercising my rights under the Distance Selling Regulations act to cancel the order for the engine due to the fact that I was not given clear pre-contractual information about the terms and conditions of the sale by ????? before I bought the item which contravenes points 2.3, 2.4, 3.1 and 3.3 of the Regulations (which I have attached).

Although I understand that your company charges a surcharge for cancellations which I was not told about (which once again contravenes the highlighted points ) it also contravenes point 3.55 (attached). Therefore I am entitled to a full refund under point 3.35 and 3.48 of the Act (once again attached) which I would like refunded to my card as soon as possible.

Please be aware that if a full refund is not applied to my account within 30 days (point 3.46) I shall be taking further action to obtain the monies owed in full from your company.

Wig

miss_t wrote: »

Sorry have never had to write a letter like this before and my head is now pounding and full of lots of stuff so I can't even think straight.

Dear

Following our conversation on Thursday 28th April 2011 and the requested email regarding cancellation from yourself(attached) please be aware that I am exercising my rights under the Distance Selling Regulations act to cancel the order for the engine due to the fact that I was not given clear pre-contractual information about the terms and conditions of the sale by ????? before I [strike]brought[/strike] bought the item which contravenes points 2.3, 2.4, 3.1 and 3.3 of the [strike]Act[/strike] Regulations (which I have attached).

Although I understand that your company charges a surcharge for cancellations which I was not told about (which once again contravenes the highlighted points) I am entitled to a full refund under point 3.35 of the Act (once again attached) which I would like refunded to my card as soon as possible.

Please be aware that if a full refund is not applied to my account within 30 days (point 3.46) I shall be taking further action to obtain the monies owed in full from your company.

Just a spelling error, I'll let someone else give you some feedback on the actual content.