Help Needed - Can they really do this?

miss_t_2

Thanks. I've read the letter so many times now I am oblivious to them!

blue_monkey_2

Hi again, it is 7 working days so she will be fine because of the bank holidays.

blue_monkey_2

Yes, tell him not to accept delivery of the engine under any circumstances. If you read through the document it can be cancelled by refusing delivery and the seller has to bear these costs.

If they drop the engine they will be responsible for collecting it now - he still has time to cancel the delivery by calling the company so the driver can stop him delivering. It's not like it's gone on a courier, it would have to be a specialist delivery company.

blue_monkey_2

In regards to the letter. I hope this helps, I hope my grammar is correct (Wig will change that if not). I think this reads OK but you have tomorrow to juggle with it and get it sent on Saturday morning.

Dear,

Following our conversation and your request on xxx, I have sent the request for order cancellation, by email, on xxx (copy attached). However, I would also like to put this request in writting in case there is any problem with the email arriving with you in time for me to excerise my rights to cancel the order.

As per my email I would like to advise that I am exercising my rights under the Distance Selling Regulations Act to cancel the order for the engine due for delivery on xxx, and I would also like to advise that delivery of the engine will be refused. As we have already discussed, I was not given clear pre-contractual information about the terms and conditions of the sale by ????? before I bought the item and this contravenes points 2.3, 2.4, 3.1 and 3.3 of the Regulations (of which I have attached).

I note that your company charges a surcharge for cancellations and not only does this contravenes the highlighted Regulations, I was also not advised of these charges when I placed the order. I would therefore like a full refund under point 3.35 of the Act (also attached) and I would like this money refunded to my card within 14 days of receipt of this letter.

If a full refund is not applied to my account the specified time I will be taking legal action to recover the monies owed to me in full and this may result in further charges being applied.

Flyboy152

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.

Whyever not?

Flyboy152

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

It is from the date of delivery.

Flyboy152

miss_t wrote: »

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

No, it doesn't and the first day starts on the date of delivery.

miss_t_2

I just wanted to say thank you to all of you so much for all of the help and advice you have given me. :T I can't express how much it has been appreciated!

Blue_Monkey - the letter is great and is all ready now to be posted tomorrow. I am hoping they will just give us the full refund without any further issues, but as I said in a previous post knowing our luck this is probably going to be unlikely!

I will of course keep you all updated with what happens but once again thank you all for your advice.

miss_t_2

blue_monkey wrote: »

Yes, tell him not to accept delivery of the engine under any circumstances. If you read through the document it can be cancelled by refusing delivery and the seller has to bear these costs.

If they drop the engine they will be responsible for collecting it now - he still has time to cancel the delivery by calling the company so the driver can stop him delivering. It's not like it's gone on a courier, it would have to be a specialist delivery company.

We've already spoken to our mechanic who will refuse delivery. When we spoke to the company on the phone yesterday we were told that it was either ready to be dispatched or already been dispatched and that he would "try" to get the delivery stopped but as we were the ones cancelling for no apparent reason that they'd be hard pushed to. All they were concerned about was that we had broken their t&c's and couldn't understand why were cancelling the order. I did lose my temper at this point and told him it was none of his business and just needed this sorted - although it was actually because OH couldn't get to work without car so wasn't being paid and I am on leave due to an injury so we can't afford living on my sick pay alone hence why we needed to get everything sorted asap. However, now the car is done, he can go to work today (no public holiday for him) so at least that's one worry dealt with!

Wig

blue_monkey wrote: »

In regards to the letter. I hope this helps, I hope my grammar is correct (Wig will change that if not). I think this reads OK but you have tomorrow to juggle with it and get it sent on Saturday morning.

Dear,

Following our conversation and your request on xxx, I have sent the request for order cancellation, by email, on xxx (copy attached). However, I would also like to put this request in writting in case there is any problem with the email arriving with you in time for me to excerise my rights to cancel the order.

As per my email I would like to advise that I am exercising my rights under the Distance Selling Regulations Act to cancel the order for the engine due for delivery on xxx, and I would also like to advise that delivery of the engine will be refused. As we have already discussed, I was not given clear pre-contractual information about the terms and conditions of the sale by ????? before I bought the item and this contravenes points 2.3, 2.4, 3.1 and 3.3 of the Regulations (of which I have attached).

I note that your company charges a surcharge for cancellations and not only does this contravenes the highlighted Regulations, I was also not advised of these charges when I placed the order. I would therefore like a full refund under point 3.35 of the Act (also attached) and I would like this money refunded to my card within 14 days of receipt of this letter.

If a full refund is not applied to my account the specified time I will be taking legal action to recover the monies owed to me in full and this may result in further charges being applied.

I'll make a few suggestions/changes - You can do the legal threats in a subsequent letter - which you will have to write anyway to satisfy the courts.
However I think something needs to be added to refer to

• the expected delivery on Tuesday
• The phonecall on Tuesday saying that a contract will need to be signed as over £500 and therefore delivery will not be taking place until signed,
• verbal cancellation of order
• sales agent agreeing verbally to cancellation
• Subsequent dispatch of order without required signed authority

Dear,

Following our conversation and at your request on xxxx, I have sent a cancellation notice by email on xxxx (copy attached). However, to ensure there can be no question that I have cancelled the order, I am also sending this cancellation notice by Royal Mail Special Delivery.

I would like to advise that I am exercising my rights under the Consumer Protection (Distance Selling) Regulations 2000 (DSR) and in general to cancel the order for the engine due for delivery on xxxx. I would also like to advise you that delivery of the engine will be refused. As we have already discussed, I was not given clear pre-contractual information about the terms and conditions of the sale by ????? before I ordered the engine, which contravenes points 2.3, 2.4, 3.1 and 3.3 of the Office of Fair Trading guide to Distance Selling. Please find enclosed a copy of the relevant sections of the guide for your convenience. You can find the complete guide at the following website address........

I note that your company charges a surcharge for cancellations which contravenes the DSR. I was also not advised of this when I placed the order. I therefore request a full refund within 14 days under the Consumer Protection (Distance Selling) Regulations 2000 and Section 12 of The Sale and Supply of Goods Act 1979 (as ammended).