Company won't refund on an item not received

withabix

bod1467 wrote: »

Illegal? Can T&Cs be illegal? Unfair yes, but illegal?

Of course they can be illegal.

The ones above contravene

Unfair Contracts Terms Act 1977

and

Unfair Terms in Consumer Contracts Regulations 1999


and others

bod1467

Doesn't make them illegal, just unenforceable.

arcon5

If the law is contravened then ofcourse it is illegal.

bod1467

So the company may face criminal prosecution?

Case law citations please?

Just for clarity - I am NOT siding with the retailer here, just clarifying terminology.

arcon5

bod1467 wrote: »

So the company may face criminal prosecution?

Case law citations please?

Just for clarity - I am NOT siding with the retailer here, just clarifying terminology.

Unlikely. Doesn't mean it's not illegal.

Trying to get the police to investigate legitimat cases of fraud can be challenging, doesn't make the actions of the fraudsters any more lawful.

GamerInfo

Thanks for the advice guys will let you know how i get on...

sarahg1969

bod1467 wrote: »

So the company may face criminal prosecution?

Case law citations please?

Just for clarity - I am NOT siding with the retailer here, just clarifying terminology.

It's written into legislation, rather than precedent established through case law.

Another example is the Consumer Transactions (Restrictions on Statements) Order 1976:

http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Lib-Central-Information-Services%2FCFPageLayout&cid=1223092622834&packedargs=website%3D4&pagename=BCC%2FCommon%2FWrapper%2FCFWrapper&rendermode=live

unholyangel

OFT do state in their guidance:
Note that, in addition, even in the absence of any attempt to reduce the rights conferred on
consumers, it is illegal under the Consumer Protection from Unfair Trading Regulations to present
rights given to consumers in law as a distinctive feature of the trader's offer

I seem to recall a thread not too long ago where a companies T&C's would fall foul of that.