Is this right?

somethingcorporate

arcon5 wrote: »

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.

This is actually fantastic advice and surprised no-one thought of it sooner!

If it's a VISA Debit chances are they will refund you and then chase the company for the money. It will be quicker, cleaner and far less hassle than going through court (which would still be a forgone conclusion but you have to fill in a bunch of forms and pay a fee - which you get back etc etc).

DVardysShadow

GoatBoy wrote: »

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

Just state that you reserve your rights. And don't agree to any amount of money in full and final settlement.

esuhl

somethingcorporate wrote: »

I don't think it's a deliberate attempt to deny the rights of the customers, I think the company do not know what they are doing (amateur/lazy/naive/chancers etc).

It doesn't matter. It's the retailer's responsibility to understand how the law applies to their business operations. An ignorant retailer might be forgiven for their naivete (or genuine mistake), but this retailer has been given the opportunity to re-evaluate their actions and the relevant laws and they still refuse to comply. I would take that as a deliberate attempt to defraud the buyer and would not hesitate to take legal action against them... if it were me that had tried to buy from them.

esuhl

GoatBoy wrote: »

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

If they offer a refund minus £50 to resolve the issue and you accept, then I think that would be seen as a contractual agreement that the issue had been resolved and therefore you wouldn't be able to pursue the matter.

However, if you make it clear that you are not accepting the partial refund as a settlement/resolution, then I think you're okay.

somethingcorporate

esuhl wrote: »

It doesn't matter. It's the retailer's responsibility to understand how the law applies to their business operations. An ignorant retailer might be forgiven for their naivete (or genuine mistake), but this retailer has been given the opportunity to re-evaluate their actions and the relevant laws and they still refuse to comply. I would take that as a deliberate attempt to defraud the buyer and would not hesitate to take legal action against them... if it were me that had tried to buy from them.

I am 100% in agreement with you. It makes absolutely no difference.

I think one of the issues is not that many people (small businesses or consumers for that matter) understand how contracts (governed by T&Cs) and statutory legislation interact. There are so many examples on here where even when faced with irrefutable statutory evidence businesses continue to point to their T&Cs and will probably continue to (wrongly) rely on this defense if it ever gets to court.

It would be an open and shut case, as this one would be if it ever gets that far.

Someone on MSE has a great signature quote that I think applies to a lot of small unprofessional businesses especially when it comes to complex and technical things such as contracts and finance - to paraphrase; do not assign malice to what can be explained by incompetence.

halibut2209

I believe that's squeaky

unholyangel

esuhl wrote: »

If they offer a refund minus £50 to resolve the issue and you accept, then I think that would be seen as a contractual agreement that the issue had been resolved and therefore you wouldn't be able to pursue the matter.

However, if you make it clear that you are not accepting the partial refund as a settlement/resolution, then I think you're okay.

But it is literally impossible for you to contract out of your statutory rights A full refund in this instance is the OP's statutory right.

GoatBoy_2

Well I emailed them to refund my money minus the £49 and that I would be pursuing the rest.(Before I saw arcon5's advice to claim a full refund) I also mentioned that I would be contacting trading standards and OFT about the matter and this is the response I got .

"Regarding your trading standards comment please feel free to contact Emma Brown from Essex Trading standards, on 01245 341907 or . Emma was kind enough to verify our T&C's and was responsible for actually suggesting that we can implement a cancellation fee."

Just to confirm my suspicions that this company is a bit shady I found this this thread from this actual forum. If only I had found this before ordering,

showthread.php?t=3616929 (Cant post links as new user)

Also for anyone wondering the site was ukgamingcomputers.co.uk

arcon5

GoatBoy wrote: »

Well I emailed them to refund my money minus the £49 and that I would be pursuing the rest.(Before I saw arcon5's advice to claim a full refund) I also mentioned that I would be contacting trading standards and OFT about the matter and this is the response I got .

"Regarding your trading standards comment please feel free to contact Emma Brown from Essex Trading standards, on 01245 341907 or . Emma was kind enough to verify our T&C's and was responsible for actually suggesting that we can implement a cancellation fee."

Just to confirm my suspicions that this company is a bit shady I found this this thread from this actual forum. If only I had found this before ordering,

showthread.php?t=3616929 (Cant post links as new user)

Also for anyone wondering the site was ukgamingcomputer.co.uk

Emma is either a liability to trading standards by givings business' such substandard advice or they are talking rubbish.
Don't threaten to report them to TS, just do it -- threats to are rarely taken seriously.

Once they've refunded the amount, i'd still contact the card company and explain how you cancelled goods under DSRs, they accepted cancellation and not refunded you in full -- the card company should still be able to issue a chargeback.

I'd also email then and inform them that you will be issuing a chargeback and you are giving them one last opportunity to act within the law and for them to avoid merchant fees as a result of the chargeback.

arcon5

GoatBoy wrote: »

Also for anyone wondering the site was ukgamingcomputer.co.uk

website doesn't work for me.............