Refused a refund

Darren07

tinkerbell28 wrote: »

WHO took the money back out?

Did the bank reverse the chargeback, OR did the company retake the whole lot on a different authorisation?

Sorry I missed that in the initial post, please see previous reply to your earlier question

Darren07 wrote: »

The bank initially honoured the chargeback then reversed it in light of new evidence.?

ILW

I the supplier is not playing ball, you may need to go to court. Chargeback on Visa debit is different to a refund on a credit card and is not covered by CCA.

WTFH

How about you take delivery of them, then reject them within 7 days under DSR?

tinkerbell28

Ahh right I see, well what evidence did the bank give?

Your only option would be take the seller you court if the bank disagrees.

ILW

WTFH wrote: »

How about you take delivery of them, then reject them within 7 days under DSR?

Still may have to go to court to get the money back.

wealdroam

Darren07 wrote: »

The "real point" is that I made a distance purchase. I then cancelled, in writing, within 7 days. To that end I am entitled to a 100% refund. The seller has refused to honour that. That, as far as I can tell, is a breach of the DSR. Am I wrong?

You are absolutely right... that is the real point.

Because a significant amount of 'preparation work' was needed, I suppose it could be argued that the goods offered were customised.
But that may not be so.

WTFH wrote: »

How about you take delivery of them, then reject them within 7 days under DSR?

There is no need to do that.

On page 22 of the OFT's guide to the DSRs (quoted earlier by the OP) it says:

Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

OP, have you supplied your bank with a copy of the email to the seller where you cancelled the order?


Having said all that, if the seller does not habitually sell at a distance, then DSRs may not apply.

Page 7 of that same OFT doc says:

If I generally do not sell by distance means do the DSRs apply to orders I sometimes get by email, phone or fax?
2.14 If you normally do business with consumers face-to-face, the DSRs are unlikely to apply to an occasional order that you take in these ways

And of course OP, if you are not acting as a consumer, then DSRs do not apply.

halibut2209

wealdroam wrote: »

Having said all that, if the seller does not habitually sell at a distance, then DSRs may not apply.

Given that the sale was originally on eBay, I would think that they are fine here. Is the eBay seller a business seller?

wealdroam

You have mentioned on another thread that you have "gone down the legal route" with this.

Is that so?

Are we wasting our time?

bris

Charge backs don't always work for a good reason, to stop false charge backs.

The way they work is simple, you initiate a charge back and the bank complies by refunding you. An investigation then starts and the seller is asked for proof it was a genuine transaction, the invoice is proof enough for this so the bank reverse the reversal.

The bank will not charge back in the event of a refund, they see this as a civil matter, their only concern is that it was a genuine transaction at the start and no fraud took place.

bod1467

wealdroam wrote: »

Having said all that, if the seller does not habitually sell at a distance, then DSRs may not apply.

OP initially found the engine on Ebay. Was this a business seller? Do they have / have they had several similar listings on Ebay? If yes then (IMO) DSRs would apply as they would habitually sell at a distance.