DSR - restocking fee on 'partial returns'- flooringsupplies.co.uk

sh500

Thanks for all the useful information.

So I guess it comes down to how much time I wish to put in to this. I am pretty confident that the company will not budge (on their own accord) on the issue.

If I do send them a letter of action. What happens next, I have to wait for a reply back? And if they still refuse to change their mind, I have to make a 'small claims'? I am guessing the fee charged for this is greater than the '25%' (£11ish) that I am losing out on?

sh500

unholyangel wrote: »

They don't even mention that you have rights under DSRs in their T&C's.



Then we have this from OFT:




As for no one challenging their terms for 7 years.....prior to it being challenged, we (humans) used to believe the world was flat. As a result of it being challenged, we now know differently.

Unchallenged is not the same as correct/factual/truthful.

Oh of course, I was definitely not defending the company by that statement. It was just the way the Operation Manager said it -'if our legal has passed it over and it hasnt been challenged, it must be right'

unholyangel

sh500 wrote: »

Oh of course, I was definitely not defending the company by that statement. It was just the way the Operation Manager said it -'if our legal has passed it over and it hasnt been challenged, it must be right'

I know. I didn't get the impression you agreed with him

As for small claims, if you have to file at small claims for the return of your money.....you can also claim costs - which should be awarded providing you win and are reasonable in your conduct (ie so you aren't just filing at small claims straight away without trying to sort it out with them). For the amount involved though (£11), it simply may not be worth it. However an LBA can sometimes kick companies into action by itself.

I'd also contact trading standards - and hopefully others have complained so that TS will intervene and tell the company they're in breach of DSRs (they do sometimes act on a single complaint but its extremely rare so even if it doesn't help you, it may help others in the future).

sh500

unholyangel wrote: »

I know. I didn't get the impression you agreed with him

As for small claims, if you have to file at small claims for the return of your money.....you can also claim costs - which should be awarded providing you win and are reasonable in your conduct (ie so you aren't just filing at small claims straight away without trying to sort it out with them). For the amount involved though (£11), it simply may not be worth it. However an LBA can sometimes kick companies into action by itself.

I'd also contact trading standards - and hopefully others have complained so that TS will intervene and tell the company they're in breach of DSRs (they do sometimes act on a single complaint but its extremely rare so even if it doesn't help you, it may help others in the future).

Yes, due the the small costs involved, I would simply be doing it to 'actually' make the company full aware of the issue in their wrong doing, and as you say, to hopefully help others.

Once again, I would like to thank everyone for their thorough and detailed replies. Much appreciated :T

zaax

Do in online at https://www.moneyclaim.gov.uk

wealdroam

Another point that doesn't appear to have been mentioned is that DSRs do not apply to business to business transactions.

This means Sh500, if you made the purchase as a business then they can charge the restocking/admin fee as described.

sh500

wealdroam wrote: »

Another point that doesn't appear to have been mentioned is that DSRs do not apply to business to business transactions.

This means Sh500, if you made the purchase as a business then they can charge the restocking/admin fee as described.

Yep, I did read up on this myself too. The items were purchased a personal consumer.

frugal_mike

I would love to see them try and explain this to a judge. The DSR's are rather explicit in this area.