Help Needed - Can they really do this?

miss_t_2

Flyboy, thank you I will stick to the letter then and will get it posted now. Am very aware post office is only open till 12 and want to get it posted as soon as possible.

bigmuffins

I would also raise this as a dispute with your card company as it is an unauthorised payment.
HTH
:beer:

miss_t_2

Thanks Bigmuffins (loving the name btw!). I wasn't sure whether to wait to see what happens but I will go on Tuesday and just have a chat with the bank about it.

Letter has now been posted so fingers crossed that it all gets sorted soon.

Thanks again to everyone for your support with this. I don't know what I would have done without your help and advice. :T

asbokid

miss_t wrote: »

Thanks for your advice asbokid it was very much appreciated.

Have a question about something that has just arisen which is to everyone. This is getting more complicated for me now. After checking our credit card statemnet, have just seen this is now not true

I expect an immediate Refund of the £xxx.xx that you charged to my credit card on 26th April. The Order was already cancelled and that charge was not authorised.

They actually put the payment through on Saturday 26th and it is dated as such on my statement, and then rung OH to say they couldn't ship engine as they couldn't take payment as we hadn't signed the terms and conditions agreeing to the sale which was over £500.

They charged £138 to your card after you had cancelled the Order. You were told that this charge was a Penalty for cancellation. You had not agreed to any Terms relating to a Penalty. Those Terms were not mentioned at the time of the sale and did not form part of the sale.

Shall I therefore change to below? I am not sure what position this puts us in now as OH verbally agreed but then was told it had to be a written agreement but they charged us before that could happen anyway.

I expect an immediate Refund of the £xxx.xx that you charged to my credit card on 26th April. [STRIKE]The Order was already cancelled and that charge was not authorised.[/STRIKE]

The Conditions had not been signed as required by your company; therefore that charge was not authorised.

That's defensive again.. You shouldn't do it.. "as required by your company".. they can get stuffed with that..

The reason you've had this trouble is because they thought from your gentle manner that you were a push-over whom they could take advantage.

I expect an immediate Refund of the "Cancellation Penalty" of £xxx.xx that you charged to my credit card on 26th April. At the time of the sale, you made no mention of any Cancellation Penalty, and I will not pay one.

You need to be aggressive and threaten them with Trading Standards, Credit Card chargeback, County Court, etc.

They have just robbed YOU of £138!

miss_t_2

Thanks for the reply. Letter has been posted already and it is a version that I am happy with now combining your suggestions and others.

Believe me, they know I am prepared to take this further and they were told on the phone - my manner on the phone was no where near gentle. All I got from my "I will take this further" was "Well if you want to do this by the books we will" to which I replied was fine by me. After a few minutes of me having a go at him, he did tell me that he would try to get the surcharge waved from their main boss as a gesture of goodwill. However I didn't believe him and as I said am prepared to take it further but to do so I needed advice, hence why I came on here, and I am glad to say that I received it from yourself and many others. They haven't yet refunded any amount for me to see whether the cancellation charge has been applied.

As I said not only has the letter has been posted, this issue has caused huge problems in my house :mad: (because I don't have a gentle manner ) and I now just want to get it sorted. I have health issues to deal with due to a serious accident and I need to concentrate on those (so I can get myself back to work and get my finances sorted) without consistently arguing about this situation. Am going to the bank on Tuesday to speak to them anyway and will keep you all updated with what happens.

Wig

miss_t wrote: »

Wig, the transaction was made completely over the phone. They phoned us to say they had the part and it went from there.

Have ammended the letter, OH will post tomorrow if it sounds okay - sending two copies one my normal post with proof of postage. I have taken a leave of absence from the house for the night before I completely lose my mind over this.


Following our conversation and at your request on Thursday 28th April, I have sent a cancellation notice for Invoice ???? by email on the above date (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 you 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 May 3rd 2011. I would also like to advise you that delivery of the engine will be refused.

As we have already discussed, but to clarify in writing, when the order was placed on Saturday 23rd April, Mr X informed me that delivery would take place on Tuesday 26th April 2011. However, on Tuesday 26th April, he then contacted me to say that the item could not be dispatched as due to the item being over £500, your company required documentation to be signed by myself before payment could be taken and the item dispatched. When I asked why I had not been told this earlier, I was informed that he was new to the job and had forgotten to tell me. Therefore I was not given clear pre-contractual information about the terms and conditions of the sale by Mr X 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 http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

In addition to this when I realised the extent of the delay that would be caused as a direct result of Mr X’s oversight, I asked for the order to be cancelled to which Mr X agreed. Once again the opportunity arose for Mr X to tell me about your cancellation policy but did not do so. He did still however take payment from my card for a sum over £500, despite the fact that no paperwork had been sent to me at that time nor had you received signed documentation from myself agreeing to your terms and conditions. Therefore not only was this an unauthorised transaction but from what I understand from speaking to both yourself and Mr Price it also breaches your own company policy regarding sales over £500.

I have also noted that your company charges a surcharge for cancellations which contravenes the DSR. However I was not advised of this when I placed the order nor when Mr X accepted my verbal cancellation. I therefore request a full refund of the money taken from my card within 14 days under the Consumer Protection (Distance Selling) Regulations 2000 and Section 12 of The Sale and Supply of Goods Act 1979 (as amended).

Sincerely,

I'd have gone with this one, sorry I was busy all day. This letter is fine, I don't agree that aggression is required, just a simple statement of the facts and a request for refund. No letter is perfect but this is a pretty good starting point

Legal action threats & credit card charge back can all come later. The courts expect you to give ample opportunity for the company to refund before going to court anyway.

miss_t_2

Just thought I would update the situation. Checked online account this morning and the company have refunded all of the money :j

So I just wanted to say thank you again to everyone who helped me get things sorted. I don't think it would have been sorted so quickly otherwise.

rev_henry

miss_t wrote: »

Just thought I would update the situation. Checked online account this morning and the company have refunded all of the money :j

So I just wanted to say thank you again to everyone who helped me get things sorted. I don't think it would have been sorted so quickly otherwise.

Excellent. Have they said anything to you or just begrudgingly and silently given you a refund?

blue_monkey_2

miss_t wrote: »

Just thought I would update the situation. Checked online account this morning and the company have refunded all of the money :j

So I just wanted to say thank you again to everyone who helped me get things sorted. I don't think it would have been sorted so quickly otherwise.

Fantastic. Thanks for updating up. Glad to hear that they know they were in the wrong. Even if they did not admit it.

Wig

:T

:j



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:beer: