Help please - Question over 45 day refund policy.

New56

Dear all,

I have recently made a purchase for approx £1,000 using my debit card for some products/services. I have cancelled within the 7 day "right to cancel" policy and a refund has been agreed however, the company are stating the refund will be sent in cheque format within 45 days? outside of this they want me to sign a disclaimer that this will not be discussed with any other third party?

Under the agreement terms there was no mention of a 45 day refund, only a refund will be offered less 5% admin fees.

All services have been cancelled and goods due to be returned in the same condition as purchased.

I have contacted the company requesting a faster refund then 45 days and they say they are an American company and this is there policy.. Is there a UK law protecting me or something I can do to challenge them with to speed the process up?

Thank you for your help.

wealdroam

Did you buy from an American Company or a UK one?

That is important. US company is not bound by UK laws.

Have a look at OFT's guide to the Distance Selling Regulations.

In there you will find that they cannot charge a restocking fee, and the must refund within 30 days.

Other good stuff in there too.

fluffnutter

wealdroam wrote: »

Did you buy from an American Company or a UK one?

That is important. US company is not bound by UK laws.

Have a look at OFT's guide to the Distance Selling Regulations.

In there you will find that they cannot charge a restocking fee, and the must refund within 30 days.

Other good stuff in there too.

But that's for UK companies. Moreover it will only cover goods. The OP mentions services (which are exempt from DSR). Plus, like you say, it looks like they've bought from a US company.

I think they might be looking at waiting the 45 days...

fwor

Check out the Distance Selling Regulations. IIRC some products/services are exempted, but not many. If yours are covered, they don't have a case for withholding your money or setting any other terms such as 5% handling fee or non-disclosure. Makes no difference that they are American - they are trading in the UK.

somethingcorporate

fwor wrote: »

Check out the Distance Selling Regulations. IIRC some products/services are exempted, but not many. If yours are covered, they don't have a case for withholding your money or setting any other terms such as 5% handling fee or non-disclosure. Makes no difference that they are American - they are trading in the UK.

Under DSRs they have to refund within 30 days.

wealdroam

fluffnutter wrote: »

But that's for UK companies.

But I did say...

wealdroam wrote: »

Did you buy from an American Company or a UK one?

That is important. US company is not bound by UK laws.

fluffnutter wrote: »

Moreover it will only cover goods. The OP mentions services (which are exempt from DSR).

Distance Selling Regulations cover the supply of services too.

fluffnutter wrote: »

Plus, like you say, it looks like they've bought from a US company.
I think they might be looking at waiting the 45 days...

Oh... if it is an American company, then I agree.

wealdroam

fwor wrote: »

Makes no difference that they are American - they are trading in the UK.

If the OP has purchased from a company based in America, how can UK laws apply?

shaun_from_Africa

They may be based in the UK but have an outlet in the UK for handling orders. This may be the case as they want to refund with a cheque, and I can't see a US only retailer sending a Sterling cheque.

Another couple of things that need asking are what was the item and was it purchased for private or business use?

fluffnutter

wealdroam wrote: »

Distance Selling Regulations cover the supply of services too.

Ooh, do they? I didn't think they did. I think I've got mixed up with financial products. Thanks for putting me straight.

neilmcl

fluffnutter wrote: »

But that's for UK companies. Moreover it will only cover goods. The OP mentions services (which are exempt from DSR). Plus, like you say, it looks like they've bought from a US company.

I think they might be looking at waiting the 45 days...

Services are not exempt from the DSRs!

Edit: oops, somebody beat me to it.

New56

Wow, thank you for the speedy replies. The company was UK regisitered but i've since found out there head office is in the US?

The products and service bought, 3 day training course (... and get this, on managing a better financial future) and a home study pack, including books and literature.

Thank you for your assistance.