Pressured into buying photos - What right to refund?

unholyangel

Personally, I think it might be worth the OP looking over OFTs unfair trading regulations guidance. As its [STRIKE]possible[/STRIKE] likely without the discounts/aggressive sales tactics that the OP's niece would have made a different decision.

It does sound like this company are either trading in an unfair manner or are walking a very very fine line with their sales tactics.

I always take the view that if a sales person can afford to give me these spectacular discounts, what they're selling isnt worth the price they say it is and if their markup is that high in the first place, they're not the type of company I want to do business with.

And OP, tell your niece she's going to need to learn to say no and mean it.....else her darling son will give her a hellish time pretty soon

lucy03

I just asked someone I know in trading standards, they think - in theory - this is a breach of the legislation I mentioned, although it's a grey area because the outlet could claim they didn't act in the way you said they did.

If you go to your local area's trading standards web-site they will probably have a form you can fill in which will likely go through a Citizen's Advice service. I'd say that's worth a go, it may get routed to your local trading standards office for them to take further action, or it may not go anywhere, but at least you'd have tried something.

InsideInsurance

lucy03 wrote: »

Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time

Where is there anything to say that she was offered a discount for buying today or in a limited time window?

The OP only says that offer for the free ones was for "today" which in itself puts no pressure on buying any others. The sales guy will have, because thats where the money comes from, but high pressure itself is not illegal and there is nothing to suggest they mentioned time limitation on anything but the free items.

It is a common tactic used by these companies, have used them several times for a bit of a laugh and taken the free photo(s) and walked away.

What I have also seen though is people getting "swept up in the moment" and buying a items which they then regret and then make excuses for their impulse purchases.

lucy03

InsideInsurance wrote: »

Where is there anything to say that she was offered a discount for buying today or in a limited time window?

The OP only says that offer for the free ones was for "today" which in itself puts no pressure on buying any others. The sales guy will have, because thats where the money comes from, but high pressure itself is not illegal and there is nothing to suggest they mentioned time limitation on anything but the free items.

High pressure tactics can be illegal, including with reference to the Consumer Protection from Unfair Trading Regulations 2008. But this is more usually, as I understand, with relation to door-step visits.

The original poster made reference to an offer being time limited. Such offers can be perfectly legal, but if it alters consumer behaviour as defined by saying an offer will "only be available on particular terms for a very limited time" then it may - just may - be something which can be pursued.

However, as I mentioned, in my view it's always best to report such instances as that allows trading standards to identify patterns of behaviour that they can pursue if they so wish. If they're not happy, they can then query that behaviour with the business, and require them to make undertakings.

Certainly the person I spoke to informally at trading standards said they'd rather know about it than not know about it.

bod1467

Depending on contract terms and timescales, I still think a chargeback might be the easiest solution.

leamingtonspaceman

lucy03 wrote: »

I'd speak to trading standards and ask them whether there has been a potential breach of the 2008 Consumer Protection from Unfair Trading Regulations.

There might be possibility to invoke the rule against the pressure selling element, the guidance of which notes:

"Limited time only. Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice."

This might not work, but it's possibly worth a try.

Hi...and thanks for taking the time to speak to someone in TS about this. I really do appreciate it alot.

Do you have a link to the regulation you mentioned?

I sat down with my niece today and spoke to her properly about this. I'd asked her to make some notes on what happened as and when she recalled the events. The salesman did offer a 20% discount on the photos she subsequently purchased and it was that offer he said was only available that day. I told her that she needs to be sure and she is adamant that this was the case. When she asked to go away and think about it the guy became aggressive and made her feel quite vulnerable. I have no reason not to believe her and she would certainly not lie when she knows that I'm going to put this to the company when we go and see them. She wouldn't put me in that situation unless what she's telling me is truthful.

I'm just trying to gather as much information as I can before I go and see them.

Once again...I'm grateful for all your replies. Thank you.

unholyangel

leamingtonspaceman wrote: »

Hi...and thanks for taking the time to speak to someone in TS about this. I really do appreciate it alot.

Do you have a link to the regulation you mentioned?

I sat down with my niece today and spoke to her properly about this. I'd asked her to make some notes on what happened as and when she recalled the events. The salesman did offer a 20% discount on the photos she subsequently purchased and it was that offer he said was only available that day. I told her that she needs to be sure and she is adamant that this was the case. When she asked to go away and think about it the guy became aggressive and made her feel quite vulnerable. I have no reason not to believe her and she would certainly not lie when she knows that I'm going to put this to the company when we go and see them. She wouldn't put me in that situation unless what she's telling me is truthful.

I'm just trying to gather as much information as I can before I go and see them.

Once again...I'm grateful for all your replies. Thank you.

Its covered by unfair trading regulations but here's a link to OFTs guidance on those regulations (which contains the paragraph you were enquiring about):
http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

Its listed on page 22 under "Banned Practices"

dalesrider

leamingtonspaceman wrote: »

Thanks for all your replies.

Yes...it's looking like a tough lesson learnt. I've told her no end of times to get a credit card and pay for everything with that. At least there is some recourse to dispute the transaction then.

Thanks.

Same disputes rights on a visa debit as credit card.

Only option here is if the co do not supply the goods within 15 days of the debit date.
If they do not then contact your banks disputes department to start the process...
Do not wait a day longer, as they could still turn up.

leamingtonspaceman

unholyangel wrote: »

Its covered by unfair trading regulations but here's a link to OFTs guidance on those regulations (which contains the paragraph you were enquiring about):
http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

Its listed on page 22 under "Banned Practices"

That's wonderful....many thanks:)

leamingtonspaceman

dalesrider wrote: »

Same disputes rights on a visa debit as credit card.

Only option here is if the co do not supply the goods within 15 days of the debit date.
If they do not then contact your banks disputes department to start the process...
Do not wait a day longer, as they could still turn up.

That's great that visa debit offer the same protection as credit cards. Is there a link to a description of this policy on the visa website?

The 15 days you mentioned, is this part of the visa cover in that goods must be supplied within 15 days of payment? Again...is there anything on the web that states this?

I really am grateful for your post, it's a big help. Thank you :T