Does nobody ENFORCE Distance Selling Regulations?

figgypudding

A few days ago we ordered some tiles online. We'd ordered a sample from a site which couldn't deliver in time for when we'd booked the workmen in, so we took a gamble and ordered tiles described as the same colour but from a different website. The tiles arrived and the colour was not as expected. We decided to return them as they were not what we wanted, but the company said they would charge a restocking fee of 30% on the whole amount, as we'd opened one box and therefore borken a "factory seal". There were 11 boxes in all, and we'd opened one, examined one tile, and put it back. All were completely resellable so we thought 30% was a bit steep and questioned it. They said it was in their t&cs, which is true, but a bit of googling showed that under Distance Selling Regulations, we were entitled to a full refund as long as we contacted them within 7 days, which we had. The tile company contested this, leading to a long drawn out email discussion over several days. We quoted Citizens Advice and various other sources, trying to explain to the tile company that their t&c's do not superced the law. They weren't having it. They said as we'd not ordered a sample it was our fault, and that as we'd opened the box they couldn't resell these. They rescinded their offer to take the stock back and give us a part refund too. We eventually stopped communication and reported it to Paypal, who we'd paid though. Initially on the phone, Paypal said that they would investigate. However they said they could only choose from limited options of how to record the comlaint, and wrote down that the tile colour was not as described. This was wrong. We received an email from the tile company saying we'd raised a false complaint. We called Paypal back to say they'd misunderstood and recorded our complaint wrongly. They then said they can't reinforce Distance Selling anyway and closed our investigation. We are totally disempowered!
Has anyone else had this problem? It seems that no-one enforces these DSRs and companies such as these use that fact to get away with "restocking" fees that go against consumer protection law, and even rescind part-refund offers just as they feel like it!
We've reported the company now to the Office of Fair Trading, but don't expect anything to come of it. Last stop, contacting the bank on Monday to try to reclaim from the credit card payment.
Just curious to see if anyone else had come up against the problem of no-one to help enforce the DSR when a company refuses to comply?!

neilmcl

The DSRs are a legal instrument, therefore the courts are the ones who will "enforce" them. You need to write a Letter Before Action (LBA), templates can be found here and google, outlining your position and that you require a full refund under the terms of the DSRs and if the seller refuses to comply you will take a small claims action against them.

More details regarding the DSRs and obligations of all parties can be found in this http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

agrinnall

If there's evidence that the company are deliberately misusing the DSRs then it's possible that Trading Standards may investigate them. However, I'm not sure that they would ever do anything for you as an individual, as neil says, your right is to take court action to recover your money.

mo786uk

The DSR are enforced by Trading Standards. The problem is that there are so many people not complying its become a wild goose chase and also the resources are not there.

You have the rights under the DSR therefore you can take the company to the court. If you have paid by credit card and its over £100 you will have Section 75 so could sue the credit card company too.

wealdroam

mo786uk wrote: »

If you have paid by credit card and its over £100 you will have Section 75 so could sue the credit card company too.

Section 75 is '£100 per item'.

As the OP purchased eleven boxes, my understanding is that each box must be over £100 for a Section 75 Claim to work.

Read MSE's Section 75 Refunds article for more details.

mo786uk

Fair point

Still worth chancing with the card company I would say.

OlliesDad

mo786uk wrote: »

You have the rights under the DSR therefore you can take the company to the court. If you have paid by credit card and its over £100 you will have Section 75 so could sue the credit card company too.

As the OP paid through Paypal s75 wouldn't apply

unholyangel

OlliesDad wrote: »

As the OP paid through Paypal s75 wouldn't apply

Indeed and even if the cc company did allow it, it would be against paypal, not the retailer. We've had a few threads on MSE where people have done a s75 claim, only to find paypal sending them debt collectors letters further down the line.

arcon5

You should have just left the PayPal claim as it was... PayPal would have insisted you return them tracked then given a refund.

Now your only option is to send a letter before action to seek a refund. The. Moneyclaim online to file a claim

Techhead_2

Aren't we all jumping the gun a little bit; wouldn't a good first step be to assess whether the DSR applies? Before offering advice?

neilmcl

Techhead wrote: »

Aren't we all jumping the gun a little bit; wouldn't a good first step be to assess whether the DSR applies? Before offering advice?

Unless the OP is not telling us the full story we have to assume that he's already established that they do apply. Remember thsi post isn't about whether the DSRs apply it's about who and how to enforce them.