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Cancelled Item and Still Charged
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Elaniel
Posts: 35 Forumite
Hi all.
I placed a pre-order for an item back at the beginning of November for an item released in December from Ubistore. I cancelled the item a week or so after placing the order and received a cancellation confirmation to say I would not be charged and the order would not be shipped.
A few days ago I was charged for the item and it has been shipped out to me. I tried emailing and have had no reply. I've also gone onto their forum and asked if the administrator or moderators could help and they are stating I will have to send the item back to them myself and they will refund me after they ensure the goods are returned to them in good order.
Now, as far as I'm concerned, the cancellation confirmation cancelled any contract I had with Ubistore to charge my card. I will not be spending my own money to send something back that was not my fault why it was shipped to me.
I have stated to them I will be putting the transaction in dispute with my credit card company and that they have 28 days to retrieve the items from me at their cost otherwise they will be destroyed. Am I correct in how I have handled this issue?
I placed a pre-order for an item back at the beginning of November for an item released in December from Ubistore. I cancelled the item a week or so after placing the order and received a cancellation confirmation to say I would not be charged and the order would not be shipped.
A few days ago I was charged for the item and it has been shipped out to me. I tried emailing and have had no reply. I've also gone onto their forum and asked if the administrator or moderators could help and they are stating I will have to send the item back to them myself and they will refund me after they ensure the goods are returned to them in good order.
Now, as far as I'm concerned, the cancellation confirmation cancelled any contract I had with Ubistore to charge my card. I will not be spending my own money to send something back that was not my fault why it was shipped to me.
I have stated to them I will be putting the transaction in dispute with my credit card company and that they have 28 days to retrieve the items from me at their cost otherwise they will be destroyed. Am I correct in how I have handled this issue?
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Comments
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You should take advice before boxing yourself in with threats to destroy the goods, which will detract from attempts to get them to focus on the fact that you cancelled.
The easiest way to cancel this might be the Distance Selling Regs, although you can demonstrate that the goods are either unsolicited or delivered in errorHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
It may have been a bit hasty to put the "destruction of goods", but the goods will cost me a large amount to return, so under DSR I would be responsible for return postage.0
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Don't cancel under the DSRs, as you'll likely end up having to pay return postage yourself.
You have acted entirely correctly in contacting them. It is their mistake, and you can prove this. It is also their responsiblility to collect the goods. However, you have a duty of care to look after the goods while they are in your posession - off the top of my head I don't know how long you have to hold onto them. You can claim your expenses for taking care of the goods, though.
Give the retailer chance to respond, see what they say. They may sort it all out quite straightforwardly.0 -
You have already cancelled under DSR's. The effect of cancellation is to treat the contract as if it didnt exist.
You have two options. The first and easiest is to refuse delivery of the goods.
The second is to aceept delivery, take reasonable care of them and make them available for collection - at your convenience and at their cost. Although they are not unsolicited goods (as the unsolicited goods act does not cover goods sent in error - there must have been no request by the recipient or by someone on his behalf), if you want to "destroy" them, you would have to take reasonable steps to attain ownership of the goods.
Essentially, the goods remain the property of the sender.
Now this bit is long but informative so i've copied and pasted completely.If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-
-the original owner is responsible for collecting the goods. The goods cannot be sold if it is your responsibility to return them; and
-any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years; and
-you follow the correct procedure.
Procedure for obtaining the right to sell uncollected or abandoned goods
If you want to sell the goods you must take reasonable steps to trace the original owner if they, or their whereabouts, is unknown. This depends on the circumstances, but might include placing advertisements in local newspapers, notices on local community notice boards or contacting a trade association if the owner has a business.
If you have taken reasonable steps to trace the owner, but have not been successful, you can sell the goods. It is worth keeping a note of what you did to trace the owner.
If you trace the original owner, you must send two written notices to the owner before you sell the goods.
You must give the owner of the goods, a first written notice personally or by post stating:
-that the owner is responsible for collecting the goods
-the details of the goods and where they are
-your name and address
-how much money is owed, if any, for the goods when the notice is sent, for example, the cost of the repair or reasonable storage charges.
You must send the owner of the goods, by recorded delivery or registered post, a second written notice stating:
-you intend to sell the goods if they are not collected by a date given in the notice
-the details of the goods and where they are
-your name and address
-how much money is owed, if any, for the goods, when the notice is sent.
If the owner of the goods owes you money, the period between the second notice and the sale of the goods must be at least three months.
What happens if the owner does not collect the goods
If the owner does not collect the goods by the date given in the notice, and you are sure that the goods belong to the person who has been sent the notices, then you may:
-keep the goods
-sell the goods
-get rid of the goods.
If the goods are sold they will then legally belong to the person who has bought them.
What happens to the money from the sale
If you are the person selling the goods, you must be able to show the original owner that the sale was handled properly to get a fair price for the goods. Apart from the expenses of selling the goods, for example, storage charges or auction fees, the original owner must be given the money from the sale if their address is known. If the goods had been left for repair and were then not collected, the cost of the repair work can also be deducted. If not, the money must be kept for the original owner. However, after six years the owner cannot claim, or sue, for the money.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »You have already cancelled under DSR's. The effect of cancellation is to treat the contract as if it didnt exist.
Strictly, that's not true (unless they mentioned DSRs when cancelling). They have almost certainly cancelled under Ubistore's own cancellations policy, and the have agreed the contract is void.
I only mention it because mention of DSRs can unneccessarily cloud the cost of returning the item.0 -
ThumbRemote wrote: »Strictly, that's not true (unless they mentioned DSRs when cancelling). They have almost certainly cancelled under Ubistore's own cancellations policy, and the have agreed the contract is void.
I only mention it because mention of DSRs can unneccessarily cloud the cost of returning the item.
I think you'll find you're mistaken.......
From the DSR's (regulation 10 - right to cancel):
(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.
(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.
You do not need to mention that you are cancelling under the DSR's. All you need to do is indicate you wish to cancel.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Thanks for all the replies so far. I'm waiting to hear back from them at the moment to see what they say. I have no qualms if they were to send me a pre-paid postage label that I can stick on the item when it arrives, it's more the principle of them expecting me to pay it as well as wait for the goods to be returned to them before I receive my refund.
The main issue I have is the contract was cancelled and they have charged my credit card and have me at their mercy until they receive the goods back.0 -
Thanks for all the replies so far. I'm waiting to hear back from them at the moment to see what they say. I have no qualms if they were to send me a pre-paid postage label that I can stick on the item when it arrives, it's more the principle of them expecting me to pay it as well as wait for the goods to be returned to them before I receive my refund.
The main issue I have is the contract was cancelled and they have charged my credit card and have me at their mercy until they receive the goods back.
You could always try aiming for either a reduction in price - if you still have use for the item, or perhaps a "goodwill gesture" if you do post it back to them.
IMO, I wouldnt pay to post it back to them. If you do, theres every chance you may have to chase them to have that refunded also =/You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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