Order cancellation timescale??

lukerichardson40

Ok guys, another update -

Trading standards have been contacted by QS. This is the email I got -

"Dear Mr Richardson,

I have been in contact with QS Supplies in response to my email.

Through the course of conversation QS Supplies have reduced the retained amount to £30. They appear insistent that an amount must be retained to lessen the cost of the delivery refusal.

I agreed to pass on QS Supplies offer of resolution, however I did advise them that if you felt their offer to be unsatisfactory the issue would need to be pursued through the courts. A cost would be involved with submitting the case for consideration by the courts and further information relating to the process can be found at http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195639

I informed QS Supplies that I would pass on their offer and should be back in touch with them on Monday. Please take some time over the weekend to consider whether you feel the offer to be satisfactory or you wish to pursue the matter further through the courts.

I will contact you on Monday to discuss the matter further and respond to QS Supplies.

Kind regards"

Now, trading standards have been fantastic! Really impressed and pleased with them. I responded to that email as follows -

"Dear **,

I can see no reason at all why they have any right to keep any of my money. The order was cancelled and it is not my fault they decided to send it anyway. I do not believe they sent it on the same day I cancelled as I got an 'official' dispatch note several days after. I believe they are trying their luck and basically trying to steal from me.

It does not require much thinking I am afraid and I reject their offer. This is now not a matter of money, it is a matter of principle.

As I have previously stated to them, the only possible outcome to this without taking them to court is for them to issue me a full refund. I am quite happy to take it to court as there is no way I am giving them anything for their poor management. I do not care that it cost them to send anything. The order was cancelled and as you know I have proof of this. I complied with all their terms and conditions; they did not.

As you previously said, I am in my rights to rescind the contract which they breached and I am within my rights to be put back in to the position I was in before the formation of the contract.

Do they know you have copies of everything and have a full picture of what has occured? It seems very stange to me that they will still try and keep some of my money even now.

I aren't sure if you are in a position to advise me on this, but if you are, would you suggest this is the right course of action?

I really appreciate your assistance and I am still hopeful an amicable solution can be reached without going via the courts. If you wish to send them a copy of this email please feel free. I want them to know that the only way I will be satisfied is by getting all my money back, either from them without any fuss, or from them via the courts.

As you have said, there will be court costs involved which I believe to be around £30, maybe a little more. I would rather pay that to the courts to fight them than let them keep it.

Again, many thanks for your help. Sorry if this email seems a little angry, that is because I am angry with the situation, not with you.


Kind Regards,"

Now, I have 2 questions which I am sure you guys will be able to answer...

1. Would you think the courts would be unhappy that I have refused 2 offers to settle, albeit less than what I paid? Or would that not really be relevant as it is my money and I am entitled to it back?

2. If they decide not to settle and it goes to court, what would you think the outcome would be? Ultimately now I am fighting over 30 quid, but it is MY 30 quid.

Thanks everyone.

arcon5

1.
No, if the courts deem you to be 100% in the right they will not care you turned down these poor offers. If the court deem the retailer to be in the right, the retailer can use these offers to demonstrate they tried to act reasonably and justify why a judge should NOT award you court costs.

2.
IMO you are in the right 100% and a judge should award you the full refund + court costs.

I don't see why you should be £30 down. Stuff the ' its not about the money, its a matter of principle' stuff - it's your money, so get it back - all of it!!

lukerichardson40

Thanks arcon, that is good to know. I cant imagine any judge in the land somehow seeing I am wrong. I have done all I can to be reasonable.

I arent going to let it drop and TS should tell QS this. I have rejected their offer so they can now either pay up or it will cost them more in court.

Will keep you posted as always.

bod1467

"I'm not" is the expression you're looking for, not "I arent". (If you submit court papers then it's best to use correct grammar).

lukerichardson40

bod... I know I shouldnt do that. Believe it or not I am pretty well educated. The Mrs (who is a linguist) says it is a Hull thing (where I am from) to say 'I arent', but I am aware it is bad grammar... 'I are not going to let it drop....' umm... I know... sorry.

bod1467

I know - I used to work with a guy from 'ull and that was one of the things that used to stick in my mind. Fancy that - lessons on elocution and diction from a Geordie! :rotfl:

lukerichardson40

I could take lessons on elocution and diction from just about anyone. I am an engineer... spend most days in a loud engine room not being able to talk to anyone but myself, and I understand everything I say to myself, just others struggle sometimes.

lukerichardson40

Well guys, the money claim online has been filled in.

Money they owe me in refund - £121.41
Cost of postage for LBA - £9.36
Court fees - £25.00

TOTAL CLAIMING - £155.79.

Am I forgetting anything?

They have until Monday to reply to TS about me refusing to let them keep £30 of mine. Then it will be sent. I havent sent them a screenshot, just going to do it when they say they wont refund me. They have had enough chances.

arcon5

£130.79 as the court few will be added during it automatically (unless that's what you mean?)

Why did it cost £9.36 for the postage of the LBA?

lukerichardson40

Sorry... yes, that is what I mean £155.79 is including the fees being automatically added on.

The LBA cost £9.36 because it was sent next day recorded and guaranteed etc. It seemed very expensive to me, that is why I remember the price so well, but that was what the post office charged. Problem with that is I cant seem to find the receipt. I might take that out.