Consumer rights: invoices and cancellation

Leif

I bought an item from an online seller via the telephone. They sent a quote for the wrong item, which was far more expensive. So I rang back to cancel. It took 5 days of continually calling to get the manager on the line, and give verbal agreement to cancellation. Up to then staff told me the manager refused to come to the phone. I also found they had debited money for the wrong item i.e. far more than expected, and I have received no refund.

Unfortunately I do not know my rights. I have not received an invoice, I have not been informed of my right to cancel, the web site has no terms and conditions, or other information about the company apart from address. I have received no written/email confirmation that the order has been cancelled.

Is this legal? When do they have to send an invoice? Do I have a right to a written confirmation of cancellation?

It seems as if a shopkeeper can charge you for whatever item they want, and you are stuffed.

bod1467

How did you pay? (Debit or Credit card). You could initiate a chargeback to get your payment refunded.

Have you actually received any goods?

When you say "they sent a quote", what do you mean? A quote isn't a commitment to buy, only an invitation to treat (engage in a contract). They can only take payment once you have placed an order.

PS - as you placed your order by phone then Distance Selling Regulations will almost certainly apply, including your right to cancel (with some exceptions for customised goods). I'd recommend sending them a cancellation notice by email at least, and possibly also by letter (recorded signed-for) if necessary. Cancellation per DSR must be made by a durable means - e.g. email or letter. Cancellation by phone may not be enough.

Leif

Ian, yes I am aware of the Distance Selling Regulations. I have sent several recorded delivery letters requesting cancellation. I have not received goods, and I have stated that I will refuse delivery. Cancellation was done by phone about 1 hour after ordering, last Tuesday, but he refused to speak to me, and I rang back perhaps 30 times with no joy, hence the letters. It was a bath, and I somehow do not think they did much in that time, beyond record the order. They have debited the money.

I paid by debit card. However, although I may be able to make a claim, I need to find out exactly what my rights are, and the obligations on the shop. I am trying to find out if they have broken any laws. The quote was an email giving a price for an item. As far as I can tell it was not an order. It was entitled "Quote". Thus I do not have an invoice. They claim to have sent one by mail, and I have emailed them to say none has arrived. I also sent a letter requesting an invoice. I know this seller is dishonest/disreputable (JA Bathrooms) but it is not clear if he has broken laws, or whether he knows exactly what the law is, and he is bending it to its limit i.e. pretending to have made a mistake, pretending to have spoken to me, pretending a letter was lost in the post etc.

bod1467

If he has not sent you your cancellation rights in a durable means (e.g. email is OK, or T&Cs on the back of the quote) then he has broken the law (AFAIK).

But I don't get how you received a quote but they then debited your card? Did you or did you not place an order? I don't understand why they would send a quote AFTER you have placed an order?

That said, if you have sent the cancellation notice in writing (recorded), and you can see that the notice has been signed-for, then I'd suggest contacting your bank/card supplier and initiating a chargeback. Give them all the evidence you have to date, including the cancellation notice request, the seller's breach of consumer law requirements, apparent dodgy reputation, etc. (They'll be quite clear as to what they need - once you get to speak with someone who acknowledges that they do have a chargeback scheme). Is it a VISA debit card?

PS - suck eggs time: people should really research who they are buying from BEFORE they purchase, not after.

somethingcorporate

There are no broken laws by not providing the legislation, it just reverts to a 3 months +7 WD for DSRs which is not an issue given how quickly the OP cancelled.

It appears they are being a bunch of shysters so stop dealing with the company and start dealing with your bank, they will be far more efficient at extracting your cash from the rogue traders.

They cannot just willy-nilly debit your account for something you haven't ordered and a phone call to the bank explaining that you have not ordered this should fix the issue.

Leif

bod1467 wrote: »

If he has not sent you your cancellation rights in a durable means (e.g. email is OK, or T&Cs on the back of the quote) then he has broken the law (AFAIK).

But I don't get how you received a quote but they then debited your card? Did you or did you not place an order? I don't understand why they would send a quote AFTER you have placed an order?

That said, if you have sent the cancellation notice in writing (recorded), and you can see that the notice has been signed-for, then I'd suggest contacting your bank/card supplier and initiating a chargeback. Give them all the evidence you have to date, including the cancellation notice request, the seller's breach of consumer law requirements, apparent dodgy reputation, etc. (They'll be quite clear as to what they need - once you get to speak with someone who acknowledges that they do have a chargeback scheme). Is it a VISA debit card?

PS - suck eggs time: people should really research who they are buying from BEFORE they purchase, not after.

As the other person stated, this person is a shyster. He sent the quote for the wrong item AFTER I placed an order by phone presumably in order to make it look like I asked for a quote for the expensive item, before placing the order. Proving that he sent the quote after the order was placed would be impossible. He knows the law, and he knows what (false) statements to make. This person, Joe Gardham, is a well known shyster.

"people should really research who they are buying from BEFORE they purchase, not after."

I have no problem with that remark, and I agree, this issue is a result of my foolishness. I was stressed out due to needing a bath ASAP, and I did not expect a bath supplier to be disreputable. The good news is that a reputable company are delivering a bath tomorrow.

Leif

bod1467 wrote: »

Is it a VISA debit card?

Yes. There is a possibility of a refund. Trading Standards have been notified, and several other people have made complaints to TS recently. I am encouraging people to complain, and not just get money back from the credit/debit card company.

The_Pedant

Leif wrote: »

I need to find out exactly what my rights are,

under the provisions of the DSR, then provided you gave the cancellation notice by a durable means then the only obligation is for them to give you a refund within 30 days, starting with the day notice to cancel was given.

Leif

The_Pedant wrote: »

under the provisions of the DSR, then provided you gave the cancellation notice by a durable means then the only obligation is for them to give you a refund within 30 days, starting with the day notice to cancel was given.

According to Consumer Direct (I rang them today) because he charged me for the wrong item, he is in breach of contract, and I am entitled to cancel and get an immediate refund. Easier said than done though. I have sent a letter by recorded delivery.

somethingcorporate

Leif wrote: »

According to Consumer Direct (I rang them today) because he charged me for the wrong item, he is in breach of contract, and I am entitled to cancel and get an immediate refund. Easier said than done though. I have sent a letter by recorded delivery.

Like I mentioned further up this will likely be much quicker and easier if done via your bank, let them chase the dodgy retailer for the refund.

Leif

somethingcorporate wrote: »

Like I mentioned further up this will likely be much quicker and easier if done via your bank, let them chase the dodgy retailer for the refund.

My concern about that is that the bank might drop the case on the grounds that it costs more to pursue him than it is worth. So I might get my money back, but I would not get justice. This shyster needs sorting out.

In any case, I am pursuing that route, but I have not received the promised forms.