Refused a return

brenda50

I found this template ;


Dear
Reference: [a single sentence summing up your claim]
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
[Provide a summary of the facts of the dispute]
From you I am claiming [state what you want from the party you're claiming from]
I have calculated this sum [state how you have calculated the amount being claimed]
Listed below are the documents on which I intend to rely in my claim against you:

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard.

[Alternatively you can set out details of any ADR scheme that you would be prepared to use]
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 28 days.
Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
Yours faithfully,


I wonder whether I should write a letter in advance of a Notice Before Action according to the one I have written (and edited) asking for a response within 7 days.

brenda50

I have edited my letter.

unholyangel

brenda50 wrote: »

I have edited my letter.

Was just my personal opinion as it made it sound like you were asking them for a favour rather than trying to enforce your rights.

If you want to learn more about DSRs, OFT offer 2 guides (a short guide and just a normal one).

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

And the actual legislation itself can be found here:
http://www.legislation.gov.uk/uksi/2000/2334/contents/made

brenda50

I have got the final draft ready but have a concern about whether the seller will change the wording on the site once he receives my letter. Is there a way I can record the wording as it is anyone please in simple terms




I purchased a Studio single bed, and underbed drawers, online on October 1st 2013 (reference #ORD7946). The items were dispached the same day and were received on the 2nd October 2013.

I emailed your company on October 13th to say that I wished to cancel the order as it was found to be unsuitable due to the internal measurements required for a separate set of slats and followed with a telephone call on the 15th where I was refused a refund.

I have three months plus 7 days to cancel due to your failure to comply with The Consumer Protection (Distance Selling) Regulations 2000 which stipulates in Section 8. 3 that:

“Subject to regulation 9, prior to the conclusion of a contract for the supply of services, the supplier shall inform the consumer in writing or in another durable medium which is available and accessible to the consumer

(2)b information about the conditions and procedures for exercising the right to cancel under regulation 10.

If no such notification is given then your cancellation rights extend up to 3 months and 7 working days."

The supplier must inform the buyer by a durable medium of their cancellation rights under the DSRs. The cancellation period (7 working days) begins the day after the delivery.

Email is durable because it cannot be edited afterwards and a copy can be reproduced. Websites can be edited after the contract has been agreed so are not durable.

Further, you state on the website that “ we offer a no quibble 7 day cancellation and refund guarantee. For up to 7 days after you have received your goods, you can cancel for any reason and receive a full refund.”

[FONT=Bitstream Charter, serif]Your[/FONT] [FONT=Bitstream Charter, serif]statement is not informing customers of their rights [/FONT][FONT=Bitstream Charter, serif]under the DSR, [/FONT][FONT=Bitstream Charter, serif]of a period of seven [/FONT][FONT=Bitstream Charter, serif]working [/FONT][FONT=Bitstream Charter, serif]days, and you are representing the DSR [/FONT][FONT=Bitstream Charter, serif]regulations[/FONT][FONT=Bitstream Charter, serif] as your own "offer" and not presenting them as rights afforded to consumers by law which contravenes Section 3c of the Consumer Protection from Unfair Trading Regulations 2008 which rules against “Presenting rights given to consumers in law as a distinctive feature of the traders offer”.[/FONT]

I hereby give notice of cancellation of the order, under my rights stated in section Section 8.3 of the DSR's , with a refund required without a reduction for damaged packaging, as packaging is not included in the price and herewith give notice of 7 days ie 29th October 2013 in which to respond after receipt of this letter.

If you do not refund me according to my rights, I will have no option but to issue a county court claim against you.




Yours faithfully

Fosterdog

You can take a screen shot of their website showing the current terms by using the screen print button on your keyboard, it captures an image of the whole screen. If I have to do it I usually hover over the time in the corner so the date also shows up.

Once you've done the screen capture just open either an image or document editing program and paste the image so you can print it or save it. Some PCs will autosave a screen shot but you'd have to know the location or file name to access it.

Your last paragraph of the letter has DSR Regulations, as the R in DSR also stands for regulations I would drop the word after it.

Good luck with this

brenda50

Great thanks. I don't have a printer but presume I can do this in the library?

brenda50

I do wonder though whether it is going to be worth taking it to court. The items cost £180 and postage back for such heavy items is going to be costly. If I have court costs on top of that maybe it would be worth it to just sell them locally and then not have the stress involved in a court case. I will send the letter though in case that makes them see I am serious and know the law.

harrys_dad

brenda50 wrote: »

I do wonder though whether it is going to be worth taking it to court. The items cost £180 and postage back for such heavy items is going to be costly. If I have court costs on top of that maybe it would be worth it to just sell them locally and then not have the stress involved in a court case. I will send the letter though in case that makes them see I am serious and know the law.

I feel you need to see this through mow Brenda as you have done so well to get to this point, despite unhelpful and inaccurate initial advice from Trading Standards. We are all with you and will continue to offer advice and encouragement. You are not only fighting for yourself but for all those others who get conned in the same way by firms that ignore DSRs.

Go for it!

bod1467

Please note that any court costs and reasonable other costs associated with the claim (postage costs, perhaps travel costs to/from the court, etc.) are added to the claim and paid by the other side (assuming you win, which you almost certainly would).

brenda50

When you put it like that harrys dad, how can I not!

I have read that these cases are no longer dealt with in local courts.