Steps to take if you have been ripped-off by a copy-cat government website

powerful_Rogue

hpuse wrote: »

@wealdroam; Point right. So that means I have to add f) as well.

e) confirmation that the 'victim' has ticked a box agreeing to the terms displayed.

f) Looking at terms and displayed, the bank will be in a postion to make an informed decision about the unfair trading practice applied - which disallows the consumer to cancel within 7 days of distant selling. Bank will consider the nature of the trading and why they would really want an exemption from DSR or not to service this consumer. Plainly speaking, rip-off starts there.

Put it simply, banks have more powers that OFT to sort this out at a single consumer level.

By using the word "victim" you do a real dis-service to real victims of crime.

Please explain how this is in unfair trading practice when it is an exception allowed under the distance selling regulations!

The bank will:

- Look at the website and see all the plain, legible warnings which the buyer failed to read.
- The will look at the terms and conditions that the buyer agreed to at the time of purchase
- They will conclude that the buyer had ample opportunity to see what they were buying, but failed to take reasonable care.
- They will refuse the chargeback, as has already been proven numerous times in this thread.

powerful_Rogue

hpuse wrote: »

I am going to click ingore on Pollycat from now on simply becuase do not have time to respond.

Can you add me to your list as well! That way I can correct your ramblings without fear of you ever replying!

wealdroam

hpuse wrote: »

So that means I have to add f) as well.

f) Looking at terms and displayed, the bank will be in a postion to make an informed decision about the unfair trading practice applied - which disallows the consumer to cancel within 7 days of distant selling. Bank will consider the nature of the trading and why they would really want an exemption from DSR or not to service this consumer. Plainly speaking, rip-off starts there.

Your point f) appears to show that the bank are going to reach a decision which is actually contrary to the law.

In other words, you are suggesting that the bank will decide that the consumer waiving his rights to cancellation so that the service can start immediately is unfair.

That is a really dangerous stance for the bank to take, and leaves the bank themselves open to charges of unfair practices, and possibly other malpractices.

Is that the point you intended to make?

wealdroam

powerful_Rogue wrote: »

By using the word "victim" you do a real dis-service to real victims of crime.

PR, in fairness it was I that used the word 'victim'.

Hpuse is simply re-quoting what I said earlier.

I used the word 'victim' because I do actually believe these people are victims of their own haste, carelessness, naivety, etc.

Of course we all* know that they are not victims of crime.




*well most of us.

hpuse

wealdroam wrote: »

Is that the point you intended to make?

@wealdroam, sorry, this was the point intended to make:

link

transient

hpuse wrote: »

I am starting to get frustrated and this is my last and final attempt, pollycat.

A banks or credit card companies and dispute department works like this. They expect the customer to contact the merchant directly and resolve the matter before opening a dispute..

If the consumer haven't done so - they will simply ask them to do so first..

The dispute really starts when step a) is over and consumer has waited for 7 days. This means refund has not arrived or a reply justifying why the trader is not giving a refund . In the mean time, consumer is expected to collect enough justification and evidences to strengthen their side of arguments. Bank will also look into the traders side of argument.

After a dispute is raised. Banks have a supreme authority in decision making. As I said, this is done based on evidences the consumer collects and files along other investigation outcomes from the Bank's end.

The above is the process followed for Online/CNP (Card not present) transactions.

Was that helpful ?

Why does the dispute start after 7 days? They are not breaking DSR.
A Company has upto 30 days to refund?

Pollycat

hpuse wrote: »

I am going to click ingore on Pollycat from now on simply becuase do not have time to respond.

Yea! Result! :T

If you can't conduct a reasonable discussion about conflicting points in your posts (posts which are designed to help people), put the person on 'ignore'. Or as hpuse puts it - 'ingore'.

shaun_from_Africa

You seem to have missed this bit from the link you provided hpuse. (or maybe you didn't miss it, just didn't want to post it as it clearly contradicts what you are saying)

For services, the cancellation period runs for seven working days from the day after the customer agreed to go ahead with the contract or received notice,whichever is later. However if the service starts during the cooling off period, the consumer must be informed (in a durable medium) that they will not be able to cancel once it starts.

Even that isn't entirely correct as there is nothing in the DSR's that states that this information must be given in a durable medium.

wealdroam

hpuse wrote: »

@wealdroam, sorry, this was the point intended to make:

link

Ah, I can see now where you have made your mistake.

That list you have quoted, details those transactions that are exempt from DSRs.

We are discussing, or should be discussing, those service purchases that are covered by DSRs but where the right to cancel is somewhat restricted.

If you were to read more of that overview document (produced specifically for GCSE Home Economics course), you would've found:

For services, the cancellation period runs for seven working days from the day after the customer agreed to go ahead with the contract or received notice, whichever is later. However if the service starts during the cooling off period,the consumer must be informed (in a durable medium) that they will not be able to cancel once it starts.

By necessity, that document is very much an overview, and there is a pointer at the bottom to the OFT's guide to The DSRs.

In that more comprehensive guidance, the OFT tell us on page 22:

Instances where cancellation rights do not apply (Regulation 13)

Can consumers cancel an order in any circumstances?

Unless you have agreed that they can, your consumers cannot cancel if the order is for:
services where you have had the consumer’s agreement to start the service before the end of the usual cancellation period and you have provided the consumer with the required written information before you start the service, including information that the cancellation rights will end as soon as you start the service

bod1467

Has hpuse had to move to a new bridge yet? He must be getting too big for the current one he lives under.