Refund

Bwgan

Hi all
I'm just after some advice please?
Ordered online (Paid in full with CC) a new gate for the house in April and was told at the time of ordering it should be 3-4 weeks. Basically the production date has been pushed back and back and ive decided to cancel the order which ive done by phone and email. I've been told by the company they'll process my refund within 45 to 60 days! (as per their t&cs)
Is there anything I can do to get my money back quicker?
Thanks
Al

visidigi

They should refund within 30 days....if they don't do it by then you can chase them for it.

arcon5

Thank You for your response.

Your terms stating refunds will be issued within 45-60 days is a contravention of my statutory rights and will be considered null and void under the Unfair Terms Act 1977.

Please ensure my refund is issued forthwith, and in any case not exceeding 30 days in accordance with the The Consumer Protection (Distance Selling) Regulations 2000, which states:

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

If you fail to refund within this time frame, please consider this my notice of intended proceedings as I will instigate a claim in the County Court for the recovery of the paid sums, plus associated costs.

With Regards

Bwgan

Thank you very much for that, I'd found the information but the above is great!
I'll let you know how I get on
Thanks
Al

Techhead_2

Bwgan wrote: »

Thank you very much for that, I'd found the information but the above is great!
I'll let you know how I get on
Thanks
Al

Arcon5' s reply assumes that the regulations apply. It would be best to check that they do before responding.

Bwgan

Hi
I'm I right in assuming you referring to these:

They do not cover:
• financialserviceslikeinsuranceor banking. The Financial Services Authority (FSA) regulates financial services businesses
• auctionsales,includingonlineand interactive TV auctions. However, some sales on auction sites, such as 'buy it now' sales, are covered. It depends on when and how the sale occurs. Contact Consumer Direct for more information (see contact details at the back of this leaflet)
• vendingmachinepurchases
• contractsinvolvingthesaleofland
• useofapublicpayphone.
Most of these rights do not cover:
• food,drinkorothergoodsintended
for everyday consumption delivered by regular roundsmen, for example, a milkman (but ordering groceries online is covered)
• contractsforaccommodation,transport, catering or leisure services, which are arranged for a specific date or within a specific period, for example, train, airline or concert tickets or hotel bookings
• timeshareagreementsandpackage holidays.

Which I've had look through and I don't think it does.
Thanks
Al

Valli

Just in case you might want to check how to claim a section 75 refund through your CC.

There's a link onder the Reclaim 1000s tab at the top of the page, near Martin's head

arcon5

There are two lists, excepted contracts and partially-excepted contracts. The latter includes things like personalised goods - but the non-performance clause also covers the second list.

wealdroam

Techhead wrote: »

Arcon5' s reply assumes that the regulations apply. It would be best to check that they do before responding.

The company have accepted the cancellation.
The only problem is the length of time to provide a refund.

Techhead_2

wealdroam wrote: »

The company have accepted the cancellation.
The only problem is the length of time to provide a refund.

That was rather the point of my post. We have been assuming the DSR timescales apply, there is a possibility that they don't . It would be wise for the OP to check this before sending the letter.

unholyangel

Techhead wrote: »

That was rather the point of my post. We have been assuming the DSR timescales apply, there is a possibility that they don't . It would be wise for the OP to check this before sending the letter.

But even if the goods are made to measure, the consumer can still cancel if they dont carry out their end within the period for performance as it is only the unconditional right to cancel that does not apply to made to measure goods.

Items listed under regulations 13 are only exempt from regulation 10. The other regulations still apply in full.

Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—