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Distance selling

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Hi, my wife purchased a "service" from https://drivinglicence.uk.com i only spotted when i saw the name on my bank statement and told her it was a, erm, i will refrain from calling it a scam so lets call it, an unnecessary service and she had been tricked into thinking it was who she should have been paying....the dvla. Do we have any rights under distance selling? They make out that we don't as they have started work but it still feels wrong and she has been duped.
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  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    edited 11 June 2013 at 10:16PM
    freakin wrote: »
    Hi, my wife purchased a "service" from https://drivinglicence.uk.com i only spotted when i saw the name on my bank statement and told her it was a, erm, i will refrain from calling it a scam so lets call it, an unnecessary service and she had been tricked into thinking it was who she should have been paying....the dvla. Do we have any rights under distance selling? They make out that we don't as they have started work but it still feels wrong and she has been duped.

    The clue is in the huge statement on the home page saying they are not affiliated with the DVLA and that you can get the same service from the DVLA for nothing !

    We are not affiliated with DVLA, the UK government or any official body. The checking service we provide can be obtained from a DVLA office directly at a reduced fee or you can apply without a checking service where there will be no checking fee payable.
  • What meer53 says is correct.
  • freakin
    freakin Posts: 34 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I understand that, but it is not my question. I am not defending her actions for choosing to use them, what I want to know is what are my rights.
  • Exile_geordie
    Exile_geordie Posts: 5,094 Forumite
    freakin wrote: »
    I understand that, but it is not my question. I am not defending her actions for choosing to use them, what I want to know is what are my rights.

    You have the right to complete poayment for the 'service' that your wifey bought.
    Dont rock the boat
    Dont rock the boat ,baby
  • Buzby
    Buzby Posts: 8,275 Forumite
    Yup - you have the right to pay for any service received that you may have been foolish enough to purchase from an ill-advised source. If only we could all have some right that protected us from our stupid decisions - but we don't (unless it is illegal).

    It isn't misleading if they state what the are - and they do!

    You just have to learn, and move on - it's a pretty good lesson for all concerned, however!
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    freakin wrote: »
    I understand that, but it is not my question. I am not defending her actions for choosing to use them, what I want to know is what are my rights.

    In what way do you feel your wife was duped ?
  • freakin
    freakin Posts: 34 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    You only have to look at things like http://blogs.mirror.co.uk/investigations/2013/02/passportukcom-charges-for-advi.html to realise that it is duping people, rightly or wrongly, people are not getting the service they are expecting to get. It may be a case of caveat emptor but it is still wrong and is what the distance selling was designed to protect. So is there anyone with knowledge and experience of the legislation that can offer some advise, case law, extracts of the legislation proving my rights, either way is fine, I just want to know.

    I am not trying to get a refund at any cost. If the legislation says we pay then we pay. Simple as that.

    To be honest it is the first time I have seen a comment such as yours exile on this forum and didn't think it was what this place was about, it is a shame for mse.
  • Hi,

    I have another experience with an apparently known online 'scam' company that advices on immigration and claims to help ascertain visas.
    It had been reported on the bbc website as well as other sites, which I only came to know about after I did the incredibly stupid thing of giving them my money upfront through online banking because they dont accept credit card.

    Anyway on their invoice they state that "you have a right to cancel your contract before the expiry of 7 days provided you have not received any services from the Barrister. By choosing to undergo your professional consultation, (""which in my case was brief, not very valuable and yielded nothing tangible""), you are deemed to have formally engaged the services of the Barrister in obtaining legal advice on your immigration matter.

    Given that this advice was pretty useless and I paid a hell of a lot of money in excess of 2000 sterling and the very next day I had written and communicated to them that I would like a refund, I would like to know if I have a chance through small claims of seeing this money back.

    By the little caveat they have added to their invoice would this invalidate my claim to a refund?
    They also had previously lost their licence to offer immigration advice.

    thank u!
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    But you are getting the service your wife paid for aren't you ? Why is it wrong and what are you expecting to achieve ?
  • freakin wrote: »
    Hi, my wife purchased a "service" from https://drivinglicence.uk.com i only spotted when i saw the name on my bank statement and told her it was a, erm, i will refrain from calling it a scam so lets call it, an unnecessary service and she had been tricked into thinking it was who she should have been paying....the dvla. Do we have any rights under distance selling? They make out that we don't as they have started work but it still feels wrong and she has been duped.

    The link you give takes you to a page that includes this:-We are not affiliated with DVLA, the UK government or any official body. The checking service we provide can be obtained from a DVLA office directly at a reduced fee or you can apply without a checking service where there will be no checking fee payable.How clear does it have to be?
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