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Refused a refund
Darren07
Posts: 13 Forumite
Hi,
I'm new to the forum so I hope I am putting this in the right place and I hope someone is able to help me.
I required a replacement (and very expensive - £1800) part for my car which I am lucky enough to be able to fit myself, but the part is not easy to find. I did find one on eBay but the price was including fitting and was several hundred miles away.
Tuesday 28th May 2013
I phoned the seller and asked for a price for it supply only as I could arrange my own courier. He gave me a price and told me it would require some preparation. I agreed in principle and explained that I would need the engine to be ready for collection by Thursday 30th so it could be delivered by Friday and fitted on Saturday. This was a strict timescale as I would not have another opportunity to fit it for quite some time. We both needed to make arrangements to ensure this could happen so agreed to talk again the next day.
Wednesday 29th May
I called again to confirm the plan of action. I was told the part would be ready for collection on Thursday and at this point I handed over my card details, explaining again that I was only willing to purchase the part on the condition that it was ready on time. This was agreed on the phone by both sides. I then go and arrange my courier to collect on Thursday.
Thursday 30th May
I call in the morning to confirm that it is ready and find that it is not. I had to cancel the courier at the last moment and luckily was not charged. I was promised the part would definitely be ready for first thing Friday morning. I then went ahead and arranged a more expensive courier who could deliver at short notice to collect it on Friday.
Friday 31st May
I get a call from the courier to say that delivery had been attempted but the part was not ready for collection. I call the company supplying the part and was initially told the courier had not been yet, then they changed their mind and told me that the courier had been but was unwilling to wait an hour. I thought it seemed unreasonable to expect a courier to wait an hour, no doubt they have busy schedules too, but nonetheless, the fact was that the part was still not ready. I told them on the phone at that point that I was no longer interested in the part and they had no sale. At this point they had not yet taken any payment from me and I was convinced that was the end of it.
Monday 3rd June
I discover an unexpectedly low balance in my account and, on investigating, discover that the company who had failed to supply my part on time had taken the full amount on friday night, AFTER I had told them I was no longer interested in their goods. Their offer was to deliver the part at their own convenience or refund me 75% of the payment. They seemed undecided on whether the 25% was to cover their time spent preparing the part or if it was a restocking fee. They also seemed to keep changing their mind over whether they were supplying a part or a service, which seemed odd. I sent him an email (durable medium) on this date in order to comply with the cancellation requirements in the Distance Selling Regulations.
Anyway, by this time I looked into the Distance Selling Regulations in detail and found a document which can be found on the website of the Office of Fair Trading. I am not allowed to post links as I am a new user but I bring special attention to the following quotes
from page 6
Where the DSRs give consumers the right to cancel an order,
this right is unconditional and begins from the moment the
contract is concluded. Unlike when buying from a shop the
first time that a consumer will have an opportunity to examine
goods purchased by distance means is when they receive
them. When a consumer cancels a contract to which the
cancellation provisions apply they are entitled to a refund of
any money they have paid in relation to the contract even if
the goods are not defective in any way.
from page 10
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.
If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.
Now to me that looks like he should have offered me a full 100% refund of the amount he had taken from me. I tried to negotiate with him but he was unwilling to budge, and expecting me to pay 25% of the value of a product I had never received because it could not be delivered on time seemed both ridiculous and illegal.
After about a month of getting nowhere I contacted my bank for help who explained I could invoke a chargeback as I had paid with Visa Debit. They sent me some forms which I filled out, along with my evidence and after a long wait they eventually debited the amount back into my account. It seemed like a long drawn out process but I was elated to finally receive my refund after several months of waiting at the edge of my seat.
All seemed well... until...
Last Thursday, 31st October, I went to an ATM to widthdraw money and couldn't, to my horror the full amount had been taken back out again. I spent an hour on the phone to the bank trying to figure out why and got nowhere. I took the following day off work to go to my bank and speak to someone face to face, another two hours later I was no further forward. Since then I've been passed from manager to fraud investigator to manager to customer service assistant and back to manager again and feel like I'm going round in circles and getting absolutely nowhere.
I've been back in touch with the seller who didn't take long to start getting abusive and aggressive. He even threatened to sue me for libel because of a message similar to this one that I posted on another forum, which is why he is not named here.
I went to the police who told me it was a civil matter and I should get in touch with a lawyer. I have tried to contact a lawyer who was recommended by a family member but they haven't even bothered to return my calls. I've emailed BBC Watchdog and they haven't replied to me either.
I have no idea where to turn next. I feel like I've had my money stolen and nobody is interested.
Surely someone can help
I'm new to the forum so I hope I am putting this in the right place and I hope someone is able to help me.
I required a replacement (and very expensive - £1800) part for my car which I am lucky enough to be able to fit myself, but the part is not easy to find. I did find one on eBay but the price was including fitting and was several hundred miles away.
Tuesday 28th May 2013
I phoned the seller and asked for a price for it supply only as I could arrange my own courier. He gave me a price and told me it would require some preparation. I agreed in principle and explained that I would need the engine to be ready for collection by Thursday 30th so it could be delivered by Friday and fitted on Saturday. This was a strict timescale as I would not have another opportunity to fit it for quite some time. We both needed to make arrangements to ensure this could happen so agreed to talk again the next day.
Wednesday 29th May
I called again to confirm the plan of action. I was told the part would be ready for collection on Thursday and at this point I handed over my card details, explaining again that I was only willing to purchase the part on the condition that it was ready on time. This was agreed on the phone by both sides. I then go and arrange my courier to collect on Thursday.
Thursday 30th May
I call in the morning to confirm that it is ready and find that it is not. I had to cancel the courier at the last moment and luckily was not charged. I was promised the part would definitely be ready for first thing Friday morning. I then went ahead and arranged a more expensive courier who could deliver at short notice to collect it on Friday.
Friday 31st May
I get a call from the courier to say that delivery had been attempted but the part was not ready for collection. I call the company supplying the part and was initially told the courier had not been yet, then they changed their mind and told me that the courier had been but was unwilling to wait an hour. I thought it seemed unreasonable to expect a courier to wait an hour, no doubt they have busy schedules too, but nonetheless, the fact was that the part was still not ready. I told them on the phone at that point that I was no longer interested in the part and they had no sale. At this point they had not yet taken any payment from me and I was convinced that was the end of it.
Monday 3rd June
I discover an unexpectedly low balance in my account and, on investigating, discover that the company who had failed to supply my part on time had taken the full amount on friday night, AFTER I had told them I was no longer interested in their goods. Their offer was to deliver the part at their own convenience or refund me 75% of the payment. They seemed undecided on whether the 25% was to cover their time spent preparing the part or if it was a restocking fee. They also seemed to keep changing their mind over whether they were supplying a part or a service, which seemed odd. I sent him an email (durable medium) on this date in order to comply with the cancellation requirements in the Distance Selling Regulations.
Anyway, by this time I looked into the Distance Selling Regulations in detail and found a document which can be found on the website of the Office of Fair Trading. I am not allowed to post links as I am a new user but I bring special attention to the following quotes
from page 6
Where the DSRs give consumers the right to cancel an order,
this right is unconditional and begins from the moment the
contract is concluded. Unlike when buying from a shop the
first time that a consumer will have an opportunity to examine
goods purchased by distance means is when they receive
them. When a consumer cancels a contract to which the
cancellation provisions apply they are entitled to a refund of
any money they have paid in relation to the contract even if
the goods are not defective in any way.
from page 10
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.
If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.
Now to me that looks like he should have offered me a full 100% refund of the amount he had taken from me. I tried to negotiate with him but he was unwilling to budge, and expecting me to pay 25% of the value of a product I had never received because it could not be delivered on time seemed both ridiculous and illegal.
After about a month of getting nowhere I contacted my bank for help who explained I could invoke a chargeback as I had paid with Visa Debit. They sent me some forms which I filled out, along with my evidence and after a long wait they eventually debited the amount back into my account. It seemed like a long drawn out process but I was elated to finally receive my refund after several months of waiting at the edge of my seat.
All seemed well... until...
Last Thursday, 31st October, I went to an ATM to widthdraw money and couldn't, to my horror the full amount had been taken back out again. I spent an hour on the phone to the bank trying to figure out why and got nowhere. I took the following day off work to go to my bank and speak to someone face to face, another two hours later I was no further forward. Since then I've been passed from manager to fraud investigator to manager to customer service assistant and back to manager again and feel like I'm going round in circles and getting absolutely nowhere.
I've been back in touch with the seller who didn't take long to start getting abusive and aggressive. He even threatened to sue me for libel because of a message similar to this one that I posted on another forum, which is why he is not named here.
I went to the police who told me it was a civil matter and I should get in touch with a lawyer. I have tried to contact a lawyer who was recommended by a family member but they haven't even bothered to return my calls. I've emailed BBC Watchdog and they haven't replied to me either.
I have no idea where to turn next. I feel like I've had my money stolen and nobody is interested.
Surely someone can help
0
Comments
-
Was the part custom made?
Did you ever receive it?1. Have you tried to Google the answer?
2. If you were in the other person's shoes, how would you react?
3. Do you want a quick answer or better understanding?0 -
It was not custom made. It is a stock part which was originally made by Ford. The part is second hand which is why it was so much cheaper (new from Ford would be around £6000). Their explanation for the delay was that it was disassembled at the time that I first called and they needed to reassemble it.Was the part custom made?
Did you ever receive it?
I never received the part, they are still holding it, but I do not want to receive it, I will only be happy with a full refund.0 -
Why did you not use Paypal?
Protects you from all this sort of thing.0 -
If they have taken the payment, then demand the part (whether you want it or not) - if they're not giving you your money back then you should at least get what you paid for.
And if they refuse, then take them to court.1. Have you tried to Google the answer?
2. If you were in the other person's shoes, how would you react?
3. Do you want a quick answer or better understanding?0 -
They are offering the item or a 75% refund. But I am entitled by law to a 100% refund and I don't understand why the bank is not helping me.If they have taken the payment, then demand the part (whether you want it or not) - if they're not giving you your money back then you should at least get what you paid for.
And if they refuse, then take them to court.0 -
I was not buying it on eBayIt was thru ebay.
Always get suspicious when a seller does not want to use the Ebay/Paypal process.
The listing on eBay was for supply & fit. I only wanted it supplied so would be a bit silly of me to pay the full amount. I phoned them to ask for a price for supplied only which they gave me and I agreed to as long as it could be ready before my deadline.0
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