Is this right?

bod1467

unholyangel wrote: »

Alternatively contact your bank first and ask them to action a chargeback as was suggested earlier. It will be quicker than going through the courts

Should the OP also send a LBA specifying that they are initiating a chargeback, and reserving the right to instigate SC action as needed?

GoatBoy_2

Hi again,

Just about to write a letter to my bank requesting a chargeback. I downloaded the template from this site for doing so but am unsure what section this issue would fall under. The only options are :

- company has gone into admin
- Faulty goods
- victum of fraud
- clerical error


Should I explain that there was no contract according to their T&Cs as this is easier to prove or should should I go with the whole DSR issue?
Or explain both these issues?


Also what happens if the bank sides with them? Is there any risk to doing this?

Thanks for your help, I really appreciate it as I am rubbish at this sort of thing.

unholyangel

GoatBoy wrote: »

Hi again,

Just about to write a letter to my bank requesting a chargeback. I downloaded the template from this site for doing so but am unsure what section this issue would fall under. The only options are :

- company has gone into admin
- Faulty goods
- victum of fraud
- clerical error


Should I explain that there was no contract according to their T&Cs as this is easier to prove or should should I go with the whole DSR issue?
Or explain both these issues?


Also what happens if the bank sides with them? Is there any risk to doing this?

Thanks for your help, I really appreciate it as I am rubbish at this sort of thing.

Tbh i think it would be harder to explain why a contract may not exist (which is questionable) rather than depriving you of your statutory rights under DSRs.

I would just say something like I am making my claim on the basis that this company have refused to honour my statutory right to cancel within 7 working days (see document A) that is afforded to me by The Consumer Protection (Distance Selling) Regulations 2000 under UK Law.

Then enclose/attach a copy of your written request to them to cancel the order and mark it as document A (or enclosed 1 or whatever as long as it corresponds to the earlier reference you gave).

GoatBoy_2

I'm not sure about the DSR route as I think it will just just be them saying I am not covered against me saying I am. I guess it comes down to the definition of off the shelf components in the tech industry. But how can I prove this?

Also what happens if the bank decides against me are there any peanlties for initiating a chargeback and losing?

somethingcorporate

I would go back through the oft guide near the start of the thread that specifically covers the off the shelf components being covered by DSRs (i.e. not custom goods), attach a copy and refer to them in your form. I don't think there is a charge from the bank for any failed charge back.

It absolutely annoys the hell out of me how stupid and ignorant some companies can be. These really are a bunch of despicable cowboys.

unholyangel

GoatBoy wrote: »

I'm not sure about the DSR route as I think it will just just be them saying I am not covered against me saying I am. I guess it comes down to the definition of off the shelf components in the tech industry. But how can I prove this?

Also what happens if the bank decides against me are there any peanlties for initiating a chargeback and losing?

Perhaps ask TS for a letter confirming that off the shelf components are not custom made for the purpose of the DSRs? Or a letter from OFT? You will likely need some sort of proof that there has been a breach of contract/breach of your statutory rights.

As for any fee that may be involved.......in my experience no. If your claim is rejected, you can complain to the Financial Ombudsman.

wealdroam

GoatBoy wrote: »

I'm not sure about the DSR route as I think it will just just be them saying I am not covered against me saying I am. I guess it comes down to the definition of off the shelf components in the tech industry. But how can I prove this?

Well the OFT's Guide to the DSRs, as quoted in post #8, even use off the shelf computer components as their example.

The actual phrase in the legislation is "the supply of goods made to the consumer’s specifications" are exempt from the DSRs.

The only way to get the definitive answer is to go to court.
I fear you will need to go to court to get your full refund.

Anything else will just be another opinion.

tomwakefield

somethingcorporate wrote: »

It's not the first time on this board we have heard that T&Cs have been "approved" by TS. It's usually cobblers and not been checked by a qualified lawyer. And I am sure unholyangel is right that their name is being taken out of context.

Funnily enough, I thought that too. GC's PC's was based in Essex as well. Wonder if there are any connections (though GC's PC's terms were on a whole different planet)