Help Needed - Can they really do this?

rev_henry

Flyboy152 wrote: »

It is from the date of delivery.

No its not, the 7 days starts the day AFTER delivery.

rev_henry

Wig's latest edition of the letter looks good. Note that you don't actually need to give any reason at all for cancelling under the DSRs - so the 'because' part of one of the letters is somewhat redundant but it doesn't really matter. I think maybe you should be a bit more precise about claiming back the monies owed - say you will pursue a chargeback with your credit card company - leave them in no doubt that you WILL get your money back quite easily by this method.

Wig

I think it's better to explain what happened, so they get the message that there was fault on their side - and that means adding to that version, the points I listed.

Regards the 'because' angle I think it's best to include it all as they may wriggle out -or think they can wriggle out- from the DSR by some means. That's why I included SOGA. There may be other sections of SOGA that may apply due to the 1st contracted date of delivery which was abandoned.

Flyboy152

Wig wrote: »

I think it's better to explain what happened, so they get the message that there was fault on their side - and that means adding to that version, the points I listed.

Regards the 'because' angle I think it's best to include it all as they may wriggle out -or think they can wriggle out- from the DSR by some means. That's why I included SOGA. There may be other sections of SOGA that may apply due to the 1st contracted date of delivery which was abandoned.

And this is the big issue here; businesses who think they know, "their rights." They probably heard somewhere that they have the right to charge re-stocking fees etc. A sad but common misapprehension, held by many sellers on auction sites such as e-Bay.

blue_monkey_2

Flyboy152 wrote: »

Whyever not?

Because, unlike Recorded or Special Delivery, there is no 'proof' that the message was received in time. They could ignore the email, it could be picked up by the spam blocker and it actually NOT be received. His broadband courld go down. Any excuse for the email to not arrive in time for cancellation if the seller decides he is going to be awkward.

How would the OP ever know unless the seller gets back to her? For MY piece of mind, if it was me I would be putting it in writing and getting a signature when it was delivered because if it ends up in court the OP would have proof that she had told the seller she was cancelling in time.

Emails are the least reliable form of communication IMO. If it is important, Special or Recorded Delivery is the only way to go.

blue_monkey_2

Flyboy152 wrote: »

It is from the date of delivery.

While this is true, this case is slightly different as the OP does not want to take delivery and she has tried to inform the seller of this but he so far has not agreed.

If the engine is delivered the OP could (depending on the T&C be liable for paying for returning the engine and this is where the problems may come in so the OP needs to cancel before the delivery comes otherwise she can be charged for breach of contract (3.35). While she has discussed this on the phone, it is not an accepted way of communication as far as DSR's are concerned so could leave the OP open to having to pay for breach of contact or having to pay for returning the engine.

She needs to cancel before delivery is attempted. She has already done this but should follow it up with a letter and can get this sent tomorrow by Special Delivery for delivery by 9am on Tues and it will be fine.

It's all about covering you own backside more than anything else tbh. An engine is a pretty specialist and therefore pricey thing to have to return.

miss_t_2

Wig, thank you very much for taking the time to write the amended letter, it is much appreciated. I am going to amend my letter and add it to the notes printed so it is ready to post tomorrow. I will also make sure that it gets there by 9am. Am hoping someone will be there to receive it. Quick question - what will happen if there isn't anyone there to receive it before 9am? Obviously Royal mail would take it back to the sorting office but where would that leave me on a legal standpoint trying to cancel the delivery in writing before the item is delivered?

Once again thank you all so much for your advice and for answering my many questions (which I should probably know the answers to myself) I can't believe how helpful and supportive everyone has been here - it really is much appreciated especially as things are very frosty at home at the moment because of all of this and I have been sitting in floods of tears for the last 30 minutes just thinking about this huge mess.

rev_henry

You could send it by the cheaper special delivery option which guarantees by 1pm, that way you can almost guarantee it'll be there after 9 but before 1, so someone should be there. Unless 1pm might be too late?

miss_t_2

That's what I was wondering if 1pm will be too late. I am not sure what time people will get there to send it so it's there before 9am.

Edit - Have just checked the website and they don't list opening times.

Wig

You could send two letters one just 1st class stamped - get proof of posting this one will be delivered.

The distance selling regs appear to take the posting of the letter as sufficient cancellation notice, it only has to be posted within 7 days to comply does not have to arrive within 7 days. I would think if they refused delivery or no one was there to take delivery the fact that it was posted on time and a delivery attempted along with a Royal Mail note for them to arrange to pick up re-deliver the letter should be sufficient for you to have done all you need to do.