Delivery rights discussion

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  • grumpy6985
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    think i missed the 30 day slot 16/10/2012 was buy date from seller look like i out of pocket by £160.00
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
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    grumpy6985 wrote: »
    think i missed the 30 day slot 16/10/2012 was buy date from seller look like i out of pocket by £160.00

    What date did you receive the goods and when did you cancel the order?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • bod1467
    bod1467 Posts: 15,214 Forumite
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    And did the seller advise you of your rights to cancel (in a durable form of writing - email is OK, website is not) prior to the contract? If not then you have up to 3 months and 7 working days to cancel.

    (Up to, because the 7 day clock starts the day after the later of receipt of the goods or when they DO inform you of your rights).
  • grumpy6985
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    they came two days after that date.. and i contacted the seller that afternoon, and he said soon as back to him would refund me.. but they never arrived back to him he said delivery firm at fault and no form of me cancelling apart from saying he takes returns on items
  • Mutz
    Mutz Posts: 21 Forumite
    First Post First Anniversary Combo Breaker
    edited 16 January 2013 at 8:40PM
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    .edited :)))
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
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    grumpy6985 wrote: »
    they came two days after that date.. and i contacted the seller that afternoon, and he said soon as back to him would refund me.. but they never arrived back to him he said delivery firm at fault and no form of me cancelling apart from saying he takes returns on items

    As I wrote earlier, If you had cancelled the order, within seven working days after receiving the goods, the seller has to refund you within thirty days of you cancelling the order, irrespective of whether they have received them back or not. If the seller wishes to pursue you, for not carrying out your statutory duty to take all reasonable care of the goods, they then have to do so by going through the courts. As Bod has pointed out, if they have not notified of these rights, in a durable form, your statutory time limts are even longer.

    You need to be more forceful with myparceldelivery.com and CityLink (I am not certain of the contractual relationship here, I am sure someone who uses these agencies will be able to be more precise), they are liable for losing the goods and the barcode number is their problem, not yours.

    Failing any joy with any of these entities, your next port of call is your credit/debit card company. If you paid by credit card, you could claim a refund based on your rights under section seventy-five of the Consumer Credit Act. If you paid by debit card, you could claim a refund under their chargeback scheme.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • grumpy6985
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    thanks so much my eyes have been opened it was payed for through paypal which was linked to credit card a visa one with barclays bank any more info would be very welcome. on how to get info to card company .. thank much again for all your help
  • grumpy6985
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    the situation between me and parcel companies is is i used them as a one off delivery return of item.. which got sent to me.. i even emailed them saying they have tracking on vans and street camea fitted and know which van came and picked up my package.. SO THEY SHOULD KNOW EXACTLY where my parcel was dropped even if that means them using shoe leather and walk there ware houses looking for my package
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
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    grumpy6985 wrote: »
    thanks so much my eyes have been opened it was payed for through paypal which was linked to credit card a visa one with barclays bank any more info would be very welcome. on how to get info to card company .. thank much again for all your help

    Paypal could muddy the waters a little. You need to contact Paypal to explain your situation and that you want to claim a refund under the Distance Selling Regulations.

    Was your Paypal account empty at the beginning of and after the transaction?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
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    grumpy6985 wrote: »
    ...any more info would be very welcome. on how to get info to card company...
    Have a read of these two MSE articles...
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