Online estate agent not refunding

t1redmonkey

Did speak to OFT about it yesterday and their initial response was that I would have to take it up with my solicitor, but I got a call back from the OFT today and the lady said she had investigated further and felt that Emoov were probably not complying with Distance Selling Regs as they hadn't sent me anything in writing regarding what to do if I changed my mind. I believe she said the OFT were going to refer this on to Trading Standards? I was only half listening because I just came out of a meeting briefly to take the call so I'll call them back again tomorrow to understand the situation fully, though she did recommend sending Emoov a letter by recorded delivery. By doing this they'd receive my intention to cancel within seven working days of my original instruction and (hopefully) should refund me. But I doubt they will. I did mention they had something about not giving refunds in their T&Cs but she said that was not necessarily enough to void a customer's entitlement to one. The impression I got was she wasn't entirely sure if they were in breach of anything or not because she said to request the refund as a 'gesture of good will' in my letter. Will call back tomorrow and see what happens anyway.

t1redmonkey

Oh and the compromise I referred to in the original post that he came back to me with was to refund the money I paid for the EPC and the Rightmove Premium listing but not the main listing price - which wasn't an ideal solution because that would have been only 20% of the total I paid.

googler

t1redmonkey wrote: »

Did speak to OFT about it yesterday and their initial response was that I would have to take it up with my solicitor, but I got a call back from the OFT today and the lady said she had investigated further and felt that Emoov were probably not complying with Distance Selling Regs as they hadn't sent me anything in writing regarding what to do if I changed my mind. I believe she said the OFT were going to refer this on to Trading Standards?

I think the lady from the OFT should read their own website, because that states that Estate Agency is specifically not covered by the Distance Selling Regulations...... see my post above, from this page

http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/

Under the heading "When the DSRs do not apply to your business"