Retailer refusing to refund under DSR

tomwakefield

deanos wrote: »

A computer part can be took out and used in another PC quite easily

I doubt you can unstitch a piece of matetial and use it again ?

Just guessing like

Again, as per my previous post, I don't think that's the intent behind that particular exemption of the right to cancel.

If I order a polo shirt from Marks & Spencer, I can choose the size of the item and the colours from preset ranges. Perhaps they have two huge rolls of material, one of each design, and do make each polo shirt of the correct size as the order comes in. However, that is behind the scenes. As far as I am concerned, I have not requested anything that isn't offered as standard stock.

In the same way, Modclothin offer a 36R double breasted jacket with single vents etc. The fact they don't hold the completed jacket in stock, but instead make them to order (presumably to save on storage space), doesn't make the jacket customised in the sense that (in view view) the legislation intends.

stoneman

Paypal decision, item is custom made so they won't help, I am stuffed!
Guy has emailed me and said now I will have to wait another month to get the jacket.
I paid with my PP balance so I don't even have a CC company to fall back on. Only option now is to go to small claims court.
I am really !!!!ed about this, I especially picked PP at the checkout because I thought that if anything went wrong I would have them to back me up. Seems like the guy knows very well how they work that's why he uses them.
I have made an official complaint to PP asking why if they do not offer "customer protection" for custom items they allow a seller to use their services to sell them. That flies in the face of everything that should be in hand to protect the customer.
I originally had my claim turned down within the first 24 hours because of the "custom item" ruling but when I phoned up to say that wasn't the reason for the claim (I was claiming that I just hadn't received the jacket) they said that they do not have to follow DSR because they are just the processing agent, not the seller. Anyway, I got the guy to look at the site while I was on the phone and he agreed to reopen the case because he thought the jacket was personalised, not custom because there were predefined options to have fitted to a stock jacket template, but got the final decision this morning.

Edit: after filling out the complaint form on Paypal where they say they will get back to you within 24 hours, just got an automated email saying that they will look into it within 4-8 weeks!

System

Email back. State you no longer want the item and you will take him to the small claims court to recover your money.

You'll win eventually

stoneman

goater78 wrote: »

Email back. State you no longer want the item and you will take him to the small claims court to recover your money.

You'll win eventually

Yeah looking at that now. Have to weigh up the hastle involved. Would you want to end up in court facing that goon?

arcon5

stoneman wrote: »

Yeah looking at that now. Have to weigh up the hastle involved. Would you want to end up in court facing that goon?

Yes, I'd love to see this guy humiliate himself in trying to defend this claim and love to see his face when th judgement is awarded to you.
Even more would love the feeling off telling him he has 14 days to pay the money before you appoint ballifs.

Then there's the joy of knowing he will be liable for your court costs - about a hundred quid.

Look at moneyclaim.gov if you decide to go ahead

lucy03

Obviously seek legal advice, but my personal opinion from seeing cases like this in court is that you'll win. The seller's attitude will make it very difficult for him to sound professional (I understand your e-mails aren't necessarily ideal, but courts usually expert more from retailers as a consumer can explain their behaviour by just saying they're worried about losing their money and thought it might get their money back).

I understand it's a hassle, but the court location will be more convenient for you, and it'd be a stubborn seller that spent his entire day traipsing down to a court room to explain why they've failed to deliver a product and their unprofessional and rude e-mails to a consumer that had trusted them.

In a balance of probabilities over who is telling the truth, I'd personally say a judge reading "The jacket will be sent to you next week and this will be the last I see or hear from you again" from a retailer is not going to give them the benefit of the doubt.

iAMaLONDONER

stoneman wrote: »

Yeah looking at that now. Have to weigh up the hastle involved. Would you want to end up in court facing that goon?

So what's happened???

Dogger69

iAMaLONDONER wrote: »

So what's happened???

Another thread that is several months old.

You must be very very bored ...

iAMaLONDONER

Dogger69 wrote: »

Another thread that is several months old.

You must be very very bored ...

This is a very interesting situation, I genuinely want to find out the conclusion!

Dogger69

iAMaLONDONER wrote: »

This is a very interesting situation, I genuinely want to find out the conclusion!

Then rather than rehashing (multiple) old threads, why not PM the poster in question?