Distance selling and refusing to refund

arealhighlander

Hi,

I purchased a PCB spare for £60 on my credit card, the day it arrived it appeared to be the wrong board. I emailed teh company and said I wished to return it.

Rather than issue a returns number they started asking had I not checked it was the right board, had I not looked at the picture on their website etc.

Eventually, after quoting the Consumer Protection (Distance Selling) Regulations, they issued a returns number and said I would get a refund if the board had not been fitted. 2 weeks later I emailed asking where was my money.

They replied with 2 photos showing scratches on connectors saying that I must have fitted the board and they will not refund.

I have replied back saying that as per the Regulations, they must refund me within 30 days or i shall take further action.

Err, so what further action do I now take? What is the next step to take after you have written and they have refused?

I believe their excuse to refuse a refund is incorrect, even if I had fitted the board (which I hadn't) , it does not stop them selling it again and from reading the Regulations they should still be refunding.

fluffnutter

You've done all the right things so far. I suggest you wait the 30 days, then send them a letter before action if they've not refunded your money in this time. This letter should state that they have 14 days to refund your money or you will take them to the small claims court.

If no refund within 14 days, take them to the small claims court. There should be lots of info online about how to do this.

Not much else you can do at the moment. Good luck.

arcon5

Contact the CC company, see if they will allow a chargeback

esuhl

There are two ways you can go here - claim under the Sale of Goods Act (SoGA) as the item was not "as described" (i.e. you got the wrong PCB). The shop are required to either replace the item with the correct one or (if you acted promptly) to refund you. They must also refund the original postage charge AND the postage you paid to return the incorrect item.

Alternatively you can claim under the Distance Selling Regulations (DSRs). If the website you ordered from states that return postage is not paid for DSR claims, then you won't be able to get that money back; otherwise if nothing is mentioned then you are automatically entitled to get a refund for the return postage.

To initiate court proceedings (and get more information about the process), have a look at the official Money Claim Online website.

Techhead_2

esuhl wrote: »

There are two ways you can go here - claim under the Sale of Goods Act (SoGA) as the item was not "as described" (i.e. you got the wrong PCB). The shop are required to either replace the item with the correct one or (if you acted promptly) to refund you. They must also refund the original postage charge AND the postage you paid to return the incorrect item.

Alternatively you can claim under the Distance Selling Regulations (DSRs). If the website you ordered from states that return postage is not paid for DSR claims, then you won't be able to get that money back; otherwise if nothing is mentioned then you are automatically entitled to get a refund for the return postage.

To initiate court proceedings (and get more information about the process), have a look at the official Money Claim Online website.

A word of caution here, the OP makes it sound as if "wrong" means "ordered the incorrect item". If that is the case then the first option doesn't apply.
The second option will apply, unless this is a business to business transaction and they have opted out.

arealhighlander

Thanks all. I am a consumer and ordered the item from a business. I am wanting a refund using the Consumer Protection (Distance Selling) Regulations 2000.

The company states that I fitted the item (they say there are scratches on the spade connectors and even attached photos!), I dspute that I fitted the item. Either way the argument is inconsequential. The OFT guidelines state:-

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
How can I resell the goods as new if they have been opened
and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel
on this point. Unless one of the specific exceptions referred to above
at paragraph 3.38 applies, consumers can exercise their right to
cancel a contract and return the goods to you. The DSRs do not link
cancellation rights with a supplier’s ability to resell items as new.

The goods were returned as they sent them to me and they may be resold. I have spoken to my credit card and have composed a letter to them along with a copy of all emails, receipts etc. and requested a Chargeback. Any court proceedings would be under Scottish courts as I am in Scotland (company is in England in case it makes a difference?). £15 for a small claim I believe.

mikey72

arealhighlander wrote: »

Thanks all. I am a consumer and ordered the item from a business. I am wanting a refund using the Consumer Protection (Distance Selling) Regulations 2000.

The company states that I fitted the item (they say there are scratches on the spade connectors and even attached photos!), I dspute that I fitted the item. Either way the argument is inconsequential. The OFT guidelines state:-

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
How can I resell the goods as new if they have been opened
and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel
on this point. Unless one of the specific exceptions referred to above
at paragraph 3.38 applies, consumers can exercise their right to
cancel a contract and return the goods to you. The DSRs do not link
cancellation rights with a supplier’s ability to resell items as new.

The goods were returned as they sent them to me and they may be resold. I have spoken to my credit card and have composed a letter to them along with a copy of all emails, receipts etc. and requested a Chargeback. Any court proceedings would be under Scottish courts as I am in Scotland (company is in England in case it makes a difference?). £15 for a small claim I believe.

It's a valid arguement for them if they are saying you didn't take reasonable care by fitting it, instead of just returning it after visually inspecting it.
So they are withholding your payment as you didn't perform your statutory duty.
Maybe not legal, but if you go to court, you could both win, they will have to pay you, you may have to hand it back.

I think the key thing for yourself is whether it can be proven by the company to be not working when they received it back, and also show it was working when it left. If they can't, you have performed your statutory duty.

(I buy pcb's b2b, and the normal policy is "no returns", due to me possibly damaging them. And to stop me just trying them as an easy fix, then returning them if I diagnosed it wrong. So companies try it on with private sales as well though)

arealhighlander

They already have the goods back.

They say I fitted it, I say I didn't, who is to say their technicians didn't mark the connectors just so that they wouldn't have to pay me? What if the PCB had been quality tested prior to despatch by either them or the manufacturer. Either argument could mark the connections.

There is nothing stopping them reselling the item, they cannot prove the item was operational when it left them nor unserviceable when they received it back.

At the moment all they can prove is there are marks on the spade connectors.

I have written a letter to them requesting my money back within the 30 days from me informing them I wish to return it under the Consumer Protection (Distance Selling) Regulations, I will also send the appropriate copy of emails/paperwork to my credit card and request a charge back, if that does not happen then i will try Small Claims court (£15 I believe)

PZH

mikey72 wrote: »

It's a valid arguement for them if they are saying you didn't take reasonable care by fitting it, instead of just returning it after visually inspecting it.

So they are withholding your payment as you didn't perform your statutory duty.

As a consumer, the DSR's allow you to try an item that is bought at a distance (with certain restrictions - perishables, custom made items, etc) and have the option to notify the retailer that you wish to a return an item as long as you inform them within 7 days.

No reason need be given to the retailer as to why you want to return the item.

The fact that they state the item has been fitted is irrelevant under the DSR's


OP should be entitled to their money back along with original postage and packing costs to get the item delivered to them in the first place (i.e. all monies paid)

The costs for postage and packing incurred by the OP to return the item depends on the retailers T&C's.

Hopefully the Credit Card Company will simply do a Chargeback

somethingcorporate

phoodless wrote: »

and have the option to notify the retailer that you wish to a return an item as long as you inform them within 7 days.

7 working days, starting the day after the item arrives. :money:

wealdroam

phoodless wrote: »

As a consumer, the DSR's allow you to try an item that is bought at a distance (with certain restrictions - perishables, custom made items, etc) and have the option to notify the retailer that you wish to a return an item as long as you inform them within 7 days.

No reason need be given to the retailer as to why you want to return the item.

The fact that they state the item has been fitted is irrelevant under the DSR's


OP should be entitled to their money back along with original postage and packing costs to get the item delivered to them in the first place (i.e. all monies paid)

The costs for postage and packing incurred by the OP to return the item depends on the retailers T&C's.

Hopefully the Credit Card Company will simply do a Chargeback

And just to add to that...

I know you say the good weren't used/damaged, but they cannot tie the refund to the state of the goods returned.

On page 28 of the OFT's guide to the Distance Selling Regulations it says...

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

Read a few paragraphs either side of that too.
They must refund all monies paid, and if they insist the goods are damaged then they need to address that seperately.