Unauthorised transaction dispute

Katie1980_2

I will be brief but will take alot of explaining, I went to an Ann Summers party in October, I was initially going to purchase a pair of sale pj's (not a toy) but decided against it when I realised a few days later that I was not going to need them and could spend the £25 on better things and get a £6 primark pair
However the "rep" still took payment for the items.

Natwest have been good up until now at refunding the debit but have repeatedly made errors by not processing paperwork and have claimed that I have either not sent them or they have not got the paperwork i have sent, today I find that they have redebited my account in Ann Summers favour despite me telling them via fax and over the phone that I do not recognise the transaction as authorised so will not recredit my account until they have investigated... Help please as I cannot get any sense out of the bank or even Ann Summers

agrinnall

What was the reason that you gave toNatWest for disputing the transaction? From what you have written you simply changed your mind, but Ann Summers did not agree to cancelling the purchase. If that is what happened, and you told NatWest that, then I think they are right to redebit the money. Why should either NatWest or Ann Summers be out of pocket because you decided to back out of the agreement? I think you should expect the money to remain with Ann Summers, and of course you should get the pjs that you have paid for.

stclair

You need to take it up with Anne Summers as you authorised them to take the payment you just happened to change your mind regarding the purchase.

You said you did not recognise the transaction when you clearly do, Anne Summers have most likely given the bank evidence the transaction is genuine.

Have you received the item now? What are there returns policy?

jalexa

agrinnall wrote: »

From what you have written you simply changed your mind, but Ann Summers did not agree to cancelling the purchase. If that is what happened, and you told NatWest that, then I think they are right to redebit the money.

I stand to be corrected (if you know better) but on the face of it why don't the Distance Selling regulations apply?

soolin

jalexa wrote: »

I stand to be corrected (if you know better) but on the face of it why don't the Distance Selling regulations apply?

OP didn't buy online or at a distance, they bought at a party. Not sure where that stands with the 'distance' selling regs.

It will all depend on what Ann Summers say in their terms and conditions about change of mind refunds.

jalexa

soolin wrote: »

OP didn't buy online or at a distance, they bought at a party. Not sure where that stands with the 'distance' selling regs.

I'm not 100% certain either. In general I think it's when goods are bought unseen but perhaps at a party that's not the case.

You are right if DSR doesn't apply then the AS t&cs are relevant, but if DSR does apply the AS t&cs must comply.

alanq

jalexa wrote: »

I stand to be corrected (if you know better) but on the face of it why don't the Distance Selling regulations apply?

Distance selling regulations apply to goods bought online or from a catalogue. So if the goods were ordered only from a catalogue you may be right. If however samples were available to inspect I don't see why it would be any different from ordering from a shop having viewed an item that is on display.

If someone calls at your home uninvited and you buy something from them there is a cooling off period. If however one invites a salesperson to call I don't think that applies. So if one accepts an invitation to someone else's home and makes a purchase I would have thought the latter scenario applies.

I have no legal training and and no reliance should be placed on my opinions.

pmduk

The OP might be best enquiring on the Consume Rights board, as DSR are the best method of cancelling this transaction. I'm not certain, but I suspect parties may be excluded from the DSR.

soolin

I would be very interested to know where parties stand in relation with the DSRs.

jalexa

alanq wrote: »

Distance selling regulations apply to goods bought online or from a catalogue.

I'm not going to dispute your party opinion. However, if it turns out that parties are excluded from DSR there is an obvious "heads-up" in this thread. Go to the party and then order online.

Now I have a problem, having browsed the AS website and downloaded the catalogue how do I clean up the pc? On second thoughts, I'll study the catalogue first for relevant information.:D

Ben8282

I think the solution rests with whether the purchaser has or has not received the goods.

If the goods, ordered last October, have not been received then that would appear to be valid grounds for dispute or claim.

If the goods have been received then the purchaser will have to follow the returns policy of the company and await any refund to which she may be entitled.

But I have a feeling that the products of this company may be not returnable as not re-sellable on hygene grounds, much the same as when you buy underwear you are told that it cannot be exchanged or refunded.