Is this right?

GoatBoy_2

Thanks all for your ongoing help. The thing that's making me uncertain as to whether the customs pcs are covered by the DSR is that nearly every site selling similar machines has pretty much the same line in their T&Cs stating that they are not covered by DRS.

Does anyone know what sort of merchant fees would apply to this sort of transaction? I don't see how it would cost them £50 to receive a payment from a debit card as they state. If it had been something more reasonable I'd gladly give it just to be done with this whole situation.

somethingcorporate

Posts 8 and 9 both cover OFTs guidance for businesses on DSRs. Unless you are having a custom paint job etc a computer built using off the shelf components is covered by DSR and is not a custom product.

There are lots of very reputable companies that still have no idea how to apply DSRs correctly, so don't be worried if every man and his dog of custom PC builders has these terms - it does not override your statutory rights.

How did you pay? Credit card or debit card? Debit card tends to be a cost per transaction and it is low (<£2 per transaction). Credit card is often a % and can be considerably more (but probably no more than 3-4%).

Edit: Just read you paid via Debit Card (sorry it's late!). It sounds to me like they are spinning you a yarn. I would doubt it costs them more than £2-3 to process this payment. These guys sound like a bunch of shysters - this is the problem when dealing with small companies. They need the money to survive, yet it often comes from any means possible even if it means denying consumers their rights.

GoatBoy_2

Would accepting the refund minus the £50 they are asking affect me pursuing the matter further afterwards?

somethingcorporate

Not at all. Seems a reasonable action a week before Christmas and I am sure (or one would hope...) a judge would take such a common sense approach to it as well.

wealdroam

GoatBoy wrote: »

Does anyone know what sort of merchant fees would apply to this sort of transaction? I don't see how it would cost them £50 to receive a payment from a debit card as they state. If it had been something more reasonable I'd gladly give it just to be done with this whole situation.

Op, forget the merchant fees nonsense.

This transaction is cancellable under DSRs.
Under DSRs, the seller must refund all monies paid. This includes merchant fees, outbound postage, etc.

As advised above, write a letter before action insisting that they refund all your money.

The only bit of their T&Cs that are important (in this respect) is to make sure you cancel your order in writing, by email is ok.

There is a good guide to the process including sample LBAs, on this Trading Standards website.

somethingcorporate

wealdroam wrote: »

Op, forget the merchant fees nonsense.

I agree it is a bit of a red-herring so do not engage with them on this non-"issue".

It does, however, highlight what kind of company you are dealing with (one that will try it on!).

Good luck, and pop back if you need any more support or advice.

GoatBoy_2

Does anyone know, if it did end up in small claims court, how it would work with me being in N. Ireland and the company being in England?

unholyangel

Don't forget you can also report them to your local trading standards.

bod1467

GoatBoy wrote: »

Does anyone know, if it did end up in small claims court, how it would work with me being in N. Ireland and the company being in England?

I stand to be corrected, but I believe you raise it through your local SC channel. And if it gets as far as court (it won't) then the hearing is at your local court.

arcon5

Tell then you will accept a full refund -- nothing less.

If after 30 days they haven't refunded you in full then contact your card company.