Order cancellation timescale??

lukerichardson40

Ok guys... I got the papers and could do with a hand as to what to do next... Firstly though, would me putting details of the case on here now be bad for me? If it wont effect anything I will post shorty...

arcon5

Nah. Shouldn't affect anything

lukerichardson40

ok... well this is what they said, and it is word for word, spelling mistakes and all...

"The Claimant Ordered Goods from The defendant on order QS*******. Under the contract the defendant was under obligation to provide the goods. The claimant Emailed on 2nd Of August requesting a Cancellation. The Defendant despatched the goods on the same day as the defendant requires time to process request. Under the terms and conditions teh Defendant had given the option to either accept the goods and return at their cost for a full refund or alternatively the Defendant would charge the return cost of the goods which is 121.43. The Defendant has offered out of Good faith a 50% reduction on the return cost which the claimant has refused to accept."

So now I have to return my allocation questionnaire. All pretty straight forward I think but a couple of questions.

1. Their terms state cancellations are to be done over the phone. I have no evidence I cancelled other than the fact I ordered another bathroom after I called to cancel and, my main question here is about witnesses. It asks if I want to have a witness to call. My girlfriend was there when I spoke to them to cancel and heard the call. Should I have her as a witness?

2. I guess there is no need for an expert witness unless I ask one of you guys, who are more expert than me, to come to court in return for a few beers and a hand shake?

3. What should I say in response to this? I have a section to fill in to give other information to help the judge to manage or clarify the claim. I am thinking I should include the letter from trading standards? It doesnt want the whole string of emails jus yet, just more information. Any ideas?

And that is where we are so far. Any help would again be hugely appreciated.

lukerichardson40

Ohh, also, they say costs for return are £121.43, but on my order, delivery was charged at £43.99... does this make any difference?

lukerichardson40

They have changed their terms and conditions, but fortunately I have a copy of it from when I ordered.

bod1467

Last point - IIRC they charged a restocking fee? Thus £121.43 was returns costs PLUS restocking fee? (I'm not going to re-read 5 pages of this thread).

1. Can't hurt for her to be there, although her statement may be considered biased.

2. No.

3. Certainly include the TS letter. I'd also suggest a chronological summary* of the correspondence (emails, letters), and a note that copies of all such correspondence are available for review.

* Date/Time - From Whom To Whom - brief summary of the correspondence.

lukerichardson40

Thanks bod, I will do that. Just got their terms up and re-read it...

9.1) Whilst great care is taken to ensure stocks of products are available, there may be occasions where broken, damaged, wrong stock from supplier or an over the counter purchase from one of our customers prevents us from fulfilling an order. In this event, you will be given the opportunity to wait for stock to arrive or cancel your order. Any monies paid will be refunded in full if you choose to cancel

Surely this just makes it an open/shut case??

pmduk

I'd have thought so, additionally the fact they haven't once explained why they feel the distance selling regulations can be ignored can only help you.

lukerichardson40

Ok guys... I have included the following -

1. Chronological summary of all contact with QS and also with trading standards.
2. An email from Citizens Advice.
3. Their original Terms and Conditions (cached)
4. The letter trading standards sent them.

Should do the trick you think?

arcon5

Can you pull your phone records to prove you phoned them?

In court, when they argue:

"Under the contract the defendant was under obligation to provide the goods."

You respond:

'The defendant was unable to supply the goods and to this date has not done so and therefore breached the terms of the contract.
I also have telephone records Sir, which support my argument that we received verbal notification from them that 48 hours after the order was placed (?) that they was unable to perform the contract for which we subsequently instructed them to cancel their order, which their terms and conditions permit us to notify them via telephone *show them the terms you printed with this section highlighted*'.

'The goods they later delivered did not conform to contract, for which the Sales of Goods Act states the retailer must bear any necessary costs'

Bit of a no brainer for a judge tbh.