Imperial Wines of London, cancellation rights

TallGirl

Sorry this is a long post need some advice regarding cancellation right and cooling off period.

My husband got cold called my Imprial Wines of London and they took a deposit for £100 on the 28th May. We got the paperwork a few days later with the credit card receipt. Wanted us to buy 24 bottles of Chateau Leoville Cases vintage 1996 for £6500 money we obviosuly don't have.

They kept calling and I tried to tell them my husbands mother had just died (which is true) and that I would prefer it if they left him alone. They kept on and some how during a conversation with them he gave them his credit card details and paid for 12 botles of the above wine to be stored at their warehouse. I am not sure what date this happened but we spoke to the credit card company and they said the payment was initially refused so they took 2 x £1500 on the 8th June and it was not flagged due to the earlier payment. We have cancelled the card but the credit card company do not feel we can do a charge back.

My husband has been suffering memory loss since the death of his mother plus other physical problems poss diabeties so he is not a well man. He is only 49 and he sounds fine but 2 min later he has forgotten what you were talking about things like dates, appointments etc and he cannot remember paying for this wine. I know you can go down the route of mental incapacity but we have no diagnoses and his next doctors appointment is not unitl the 4th July.

He is horrified that he could spend that kind of money totally out of caracter for him.

I spoke to Imperial Wines of London yesterday (13th June) when they called to do their compliance call. First time I realised he had actually gone through with it. We obviously want to cancel but they say the cooling off period started when the deposit was paid. This is pure cold calling and no paperwork has been signed.

They are trying to get us to sell the wine and that way get our money out. I do not want to go down this route as I feel they should just cancel and we have even offered for them to keep the £100 deposit just to get out of it. My husband has no finacial products like this and when I speak to him about it he still thinks he will get the wine sent to him not for it to be in a bonded ware house.

Imperial Wines are calling me back today to see what they can do any advice or suggestions as this is really stressing us both out.

Here is a link to the T & C they sent us http://www.imperialwinesoflondon.com/terms-conditions.html no mention of cancelation rights anywhere.

micflair_2

Apologies if this comes across the wrong way, but no kind of ill health would make me spend £6500 on some wine. Infact if I had lost a member of my family I wouldn't even entertain a cold caller the time of day to finish there first sentence.

Theres another thread on here about these guys, have a read and see if anything helps you..

https://forums.moneysavingexpert.com/discussion/3905153

halibut2209

Has the wine been delivered? If not, cancel under the DSRs

EDIT: Oh I see, they are storing it, so they might claim they are providing a service rather than goods. Hmmm, could be a tricky one.

TallGirl

Thanks for taking the time to reply its makes me feel less alone with this I didn't sleep last night due to this. Just called them again to see if there is an update. All I can do is plead with them have even offered they keep the £100 deposit if we get the £3k back.

Will update when I know more in case it helps others.

TallGirl

Left a message with reception for sales person to call us back yesterday but nothing yet. Then today I have tried several times but it just go to answer phone.

Wondering if we should send them a recorded delivery letter stating we wish to cancel or just keep trying.

As for the remark about the cold calling MIL died in early April and we did not realised how much down hill DH had gone until the last two weeks. Wouldn't wish this situation on anyone it's really scary.

TallGirl

Still not been able to speak to them but going through the bank statement and credit card statements this is what they have got so far:

28/5 £100 Deposit Credit card
08/06 £15000 Credit card
08/06 £1500 Credit card
08/06 £197.25 this was on his debit card

According to the letter they sent us with the first £100 deposit he had agreed to buy 2 cases at £3250 each total bill minus deposit £6400 so surely he has actually paid too much.

Still no paperwork for the other payments let alone a new letter stating he now owns 12 cases.

Spoken to Consumer Direct and I am still within the DSR of 7 days cancellation. Actually when reading their small print on the paper work states:
4.1 By signing and returning the Contract note to us you are accepting our offer to supply you with the product. The contact will be formed when we receive the signed Contract note and pamyent has cleared into our bank account.
4.2 Once the contract has been formed in accordance with 4.1 you may cancel the contract note at any time up until the close of business on the seventh working day after the Product has been transferred into your name.

Well the call on the 13th was to say the account had been set up at the bonding company so I should be well inside.

Written a letter to send recorded delivery and will also write to the credit & debt card company.

TallGirl

Got a call to say they agree to cancel just need to put it in writing. I asked is that a full refund he said yes. Very happy (even more when the mony is back in his account) the DSR worked and protected us. Phew.

halibut2209

Great news!

Thanks for keeping us updated

TallGirl

Still no refund showing on my card but I have got a letter to say they have refunded on my card and the credit card slips to prove it. Looks like I am not getting the £100 deposit back.

TallGirl

Still no refund will have to call them although the bank says refund on to both debit and visa cards can take 10 working days so that's 2nd July. Strange as the credit card refund slips look genuine.

bazster

micflair wrote: »

Apologies if this comes across the wrong way, but no kind of ill health would make me spend £6500 on some wine.

You're right, it comes across very wrong. I sincerely hope for your sake that you never have an illness that forces you to revise that opinion.

On a much smaller scale to the OP's problem, I contracted pneumonia one December. Doctor prescribed antibiotics and bed. But, I hadn't bought a Christmas pressie for my OH, so in my confused state I dragged myself out of bed and into town (a ten-minute walk, must've take me an hour that day). While I was there I thought it would be a good idea to get some cash to cover the festive period, so I went to the hole in the wall, dialled up a couple of hundred quids, retrieved my card - and staggered away leaving the money sticking out of the slot.

God only knows what I might have agreed to in that state if someone had 'phoned me.

So I understand very well how easy it is to get very confused when you are ill.