Distance Selling - Cancelling before item received.,

unholyangel

If you dont receive your refund, send them an LBA. Keep us updated though please.

mo786uk

bris wrote: »

Makes no difference what the arguments are the DSR contradicts itself and they are allowed to charge return costs.

I can't see anything in any of the quotes that explicitly denies the seller the right to charge the return fee..

There is a part of the DSR which bans 'contracting out' which basically means where the DSR accounts for something the seller cannot try to override it with a term. IMO the DSR accounts enough for this scenario to say the consumer doesn't have to pay.

lordgaz

Well, I started this thread over one month ago, and thus far I still have not received any refund from the retailer, despite numerous emails to them
Under Distance selling rules, I should be entitled to my money back in full within 30 days of cancellation of order -

So what should I do now? Letter before action? Should I be claiming any interest on the outstanding amount now? -

Any help gratefully received.

wealdroam

Did you get any reaction to the letter before action that you sent?

bod1467

I've not read back through the thread. The OP's latest post suggests that no LBA has yet been sent.

wealdroam

bod1467 wrote: »

The OP's latest post suggests that no LBA has yet been sent.

Oh... well a suggestion to send a LBA was made over a month ago.

lordgaz

wealdroam wrote: »

Oh... well a suggestion to send a LBA was made over a month ago.

Distance selling rules state the vendor has 30 days to refund, so it would have been too early to send a LBA until the 30 days are up - Now it is over 30 days (cancelled on 28th May)..

lordgaz

So - do I write a LBA for the amount paid, or should I advise about interest / costs etc - Any help appreciated.

wealdroam

lordgaz wrote: »

So - do I write a LBA for the amount paid, or should I advise about interest / costs etc - Any help appreciated.

Read this excellent CAB guide:
http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

There's a sample letter before action in there.

p.s. I'm not trying to be evasive, there seems little point in typing the same stuff out.

unholyangel

lordgaz wrote: »

Distance selling rules state the vendor has 30 days to refund, so it would have been too early to send a LBA until the 30 days are up - Now it is over 30 days (cancelled on 28th May)..

But the advice given was to send them an LBA if you didnt receive your refund, it wasnt to send an LBA straight away