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

hpuse

wealdroam wrote: »

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:


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:

@wealdroam,

I still do not understand the point you are trying to make....?

May be it will help you if you think as to what comes/came first from a contract formation point of view? Supply of services OR exemption of cancellation rights since the service is started by the trader the moment someone clicks pay now. In this case of copycat websites all they are doing is copy-pasting few fields to 'service' so they rely on the customer to feed data in order for them to commence 'service' . It is easy for anyone to argue that it is unfairly imposed on the consumer?

hpuse

keith-66 wrote: »

Goodness this thread is moving supersonic....
Bank has confirmed receipt of my dispute form.
Hpuse,
Have a question, do the card issuer contact the trader directly via phone?

It depends on the bank. They will contact the trader directly and hear their side of argument.
In your case, if you have given a notice of cancellation within 7 days of placing the order- then they have to honour it.
Anyone can write and put terms and conditions.......its as easy as that. That is why we have unfair trading regulation in place.

hpuse

transient wrote: »

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

Let's say the consumer realise he paid money to a wrong entity within 7 days, so he requests a refund on 7th day and company gets 7 days to process it and then apply a refund in next 7 days; so totals 21 days still within DSR. .

hpuse

shaun_from_Africa wrote: »

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)



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.

Please enlighten me, for copycats what do you think the 'service' is that starts within cooling off period ?

shaun_from_Africa

hpuse wrote: »

if you have given a notice of cancellation within 7 days of placing the order- then they have to honour it.

Why don't you stop spouting this totally incorrect rubbish. All it is doing is giving false hope to people.

Haven't you read the posts linking directly to the DSR's
http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made
that clearly state that it is perfectly legal for a service to be exempted from the 7 day right of cancellation if the service starts before this period and providing that the consumer is advised of this before agreeing to the contract terms.

(1) For the purposes of regulation 10, the cancellation
period in the case of contracts for the supply of services begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (4).
13. (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has
complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

Now what is so difficult to understand about that?

shaun_from_Africa

hpuse wrote: »

Please enlighten me, for copycats what do you think the 'service' is that starts within cooling off period ?

The service is what is being paid for. The checking of details and the filling in of the required paperwork.

Exile_geordie

Its amazing how many times hpuse has altered their OP through out this discussion.

RosiPossum

hpuse wrote: »

Let's say the consumer realise he paid money to a wrong entity within 7 days, so he requests a refund on 7th day and company gets 7 days to process it and then apply a refund in next 7 days; so totals 21 days still within DSR. .

As far as I'm aware, a change of mind cancellation under the DSRs means that the consumer can notify the company of their wish to cancel within 7 days, then the company has 30 days in which to refund. Where does this 21 days come from?

And that is related to normal circumstances, not where there is a service that has started before the 7 day period has finished.

Exceptions to the right to cancel

13. (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

(from http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made not a 3rd party interpretation)

and

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

(from http://www.legislation.gov.uk/uksi/2000/2334/regulation/14/made)

RosiPossum

Sorry Shaun, just realised you quoted the same. I didn't need to go looking for it!

wealdroam

hpuse wrote: »

@wealdroam,

I still do not understand the point you are trying to make....?

The point I am making is that if the consumer agrees to the service starting 'immediately' then the consumer has waived their right to cancel the transaction.

hpuse wrote: »

In this case of copycat websites all they are doing is copy-pasting few fields to 'service' so they rely on the customer to feed data in order for them to commence 'service' .

That's right, and of course we all know that a) the consumer is paying a large amount for that service, b) probably doesn't need that service, and c) has not noticed what he is paying for.

hpuse wrote: »

It is easy for anyone to argue that it is unfairly imposed on the consumer?

Of course it is.
The difficult bit is satisfying a court that the 'unfairness' is not allowed by law.

As I and others have mentioned several times, with substantiating documentation from authorities like The Office of Fair Trading, if the consumer agrees to the service starting 'immediately' then the consumer has waived their right to cancel the transaction.

Like you Hpuse, I too find it somewhat frustrating that I, and others, need to keep on repeating the same thing over and over and still you don't appear to understand.