Distance selling

freakin

meer53 wrote: »

But you are getting the service your wife paid for aren't you ? Why is it wrong and what are you expecting to achieve ?

It seems she will be getting the service they sold her, she will not be getting the service she thought she was buying, as I said it may well be caveat emptor in this instance but nearly 25 comments on the news story linked shows others are in the same situation, which I acknowledge with more careful reading is clear what is being purchased. It is a lesson for her for sure, but I still want to understand the legal perspective on it.

Looksguywalker

Legally did you wife buy and pay for a service that she got?
In what way was it not the service she thought she was getting?

meer53

freakin wrote: »

It seems she will be getting the service they sold her, she will not be getting the service she thought she was buying, as I said it may well be caveat emptor in this instance but nearly 25 comments on the news story linked shows others are in the same situation, which I acknowledge with more careful reading is clear what is being purchased. It is a lesson for her for sure, but I still want to understand the legal perspective on it.

A company advertises a service on the internet.
Your wife chooses to use the company (without reading what they actually offer) and pays them.
They provide the service.

The link you have provided relates to the Passport website and people claimed that they weren't aware that this was not the official Passport service website, as this information was hard to find. This is not the case on the website your wife visited, it's made perfectly clear on the first page, hardly misleading is it ?

ILW

freakin wrote: »

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.

What was the service your wife was expecting that was not delivered?

freakin

She expected that by clicking a button that says"click here to apply for your license now" that by clicking the button that she was applying for a driving license not a button that says click here to apply to our checking service

meer53

"Apply for, renew or change your driving licence online, safely and securely. Our online service provides a complete checking and application service and this service will fill out the form on your behalf and send it to you."

"Please carefully read the following information regarding your Application Fee. You must agree to this before continuing. The online application fee is made to help with the submission of a Driving Licence Application to the DVLA. In addition to the charge incurred by us for this service, you may also need to pay a fee to the DVLA itself when you return your completed application to them."

This is what your wife signed up for.

Looksguywalker

freakin wrote: »

She expected that by clicking a button that says"click here to apply for your license now" that by clicking the button that she was applying for a driving license not a button that says click here to apply to our checking service

So she skipped by/didn't read the paragraph before the apply for your licence button (LICENCE).

freakin

I have acknowledged what you have stated three times and I have stated the information I am now after. If you are unable to help further then I thank you for your time and for trying to help.

wealdroam

Freakin, the answer to your question is that you cannot cancel a transaction for the provision of a service under DSRs if you agree that the provision of that service can start before the usual cancellation period is up.

I've not looked at the website you used, but I bet in their T&Cs it says something like "you agree to us starting the service as soon as you request the service".

On page 18 of the OFT's guide to the DSRs...

Where you have supplied the required durable information before the service starts and the consumer agrees to the service starting before the end of the usual cancellation period, their cancellation rights will end when performance of the service starts

As you only spotted the 'error' when looking at you bank statement, I can only imagine that any cancellation period had long passed by then.

When was the order placed?

Exile_geordie

freakin wrote: »

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.

Im sorry if what I posted wasnt what you wanted to hear, unfortunatly for you, it is correct. Your wife used a website for aservice adn they have fulfilled that service have they not?

If yes, then thats it.

If they have not provided a service then you may actually have some rights.

I fail to see why you think that this is not what this place is for.I think you are trying to use this place and the DSR's for getting out of an error that your wife made.