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refund query and change of refund policy since purchase

245

Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    fozzeh wrote: »
    If you do get told to jump through hoops, here's who you need to send a letter to (sole director):

    MRS REBECCA FARR,
    186 CHELTENHAM ROAD,
    BRISTOL,
    UNITED KINGDOM,
    BS6 5RB

    Is she a limited company? I couldnt find a company registration number (which must be provided under e-commerce laws) on her website.

    Edit: just checked companies house and she is. naughty
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • fozzeh
    fozzeh Posts: 994 Forumite
    Part of the Furniture Combo Breaker Home Insurance Hacker! Car Insurance Carver!
    Is she a limited company? I couldnt find a company registration number (which must be provided under e-commerce laws) on her website.

    Edit: just checked companies house and she is. naughty

    Company Number: 08470026

    :cool:

    When you get the refund, you need to get onto TS (http://www.tradingstandards.gov.uk/advice/index.cfm) about their T&C's being shocking, disputing the refund and not displaying their company number.
  • tunn1909
    tunn1909 Posts: 14 Forumite
    Thank you Bris, I didn't inform them that i was returning, i just filled in the documentation and arranged for a courier to collect the parcel. I had no idea that i was supposed to inform her of my intent to return.

    Thank you for the name and address, yes it did say on her facebook name that she was limited but i have just checked and she has since removed that. If you hover over the tab when you are on her website it comes up that she is Ltd. I will report her, how many other people is this happening to!
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tunn1909 wrote: »
    Thank you Bris, I didn't inform them that i was returning, i just filled in the documentation and arranged for a courier to collect the parcel. I had no idea that i was supposed to inform her of my intent to return.

    Thank you for the name and address, yes it did say on her facebook name that she was limited but i have just checked and she has since removed that. If you hover over the tab when you are on her website it comes up that she is Ltd. I will report her, how many other people is this happening to!

    Technically if she hasnt informed you of your rights under DSRs then you should still be able to notify her - although arguably thats already happened in this case if you have been in communication with her about it.

    When you say documentation, what do you mean by that?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bod1467
    bod1467 Posts: 15,214 Forumite
    The DSRs talk about cancellation "howsoever expressed" (as I recall). Physically returning the item(s) complies with DSRs as long as the item(s) arrived at the supplier within 7 working days* from initial receipt.

    * Day 1 is the day after receipt. And I'm ignoring whether or not they have complied with the notification of cancellation rights (ref. post #3)
  • tunn1909
    tunn1909 Posts: 14 Forumite
    A returns form which was in the parcel when i received it, i just stated reason for return (too big) and placed in the parcel.
  • fozzeh
    fozzeh Posts: 994 Forumite
    Part of the Furniture Combo Breaker Home Insurance Hacker! Car Insurance Carver!
    Technically if she hasnt informed you of your rights under DSRs then you should still be able to notify her - although arguably thats already happened in this case if you have been in communication with her about it.

    When you say documentation, what do you mean by that?
    The ‘Return’s page doesn’t so I would think the 30 day rule would apply. That would put you on 17/01/14…and, OP, I take that you have contacted before then?
    bod1467 wrote: »
    The DSRs talk about cancellation "howsoever expressed" (as I recall). Physically returning the item(s) complies with DSRs as long as the item(s) arrived at the supplier within 7 working days* from initial receipt.

    * Day 1 is the day after receipt. And I'm ignoring whether or not they have complied with the notification of cancellation rights (ref. post #3)

    “For the purposes of these Regulations, a notice of cancellation is a notice in writing or in
    another durable medium available and accessible to the supplier (or to the other person to whom
    it is given) which, however expressed, indicates the intention of the consumer to cancel the
    contract.”
    Ba-ding! Another key point; 30/12/13 would be 6 working days. If a returns slip was completed, that would be sufficient expression.

    I don't think there is any excuse for no refund really...as long as you returned it as it was sent.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bod1467 wrote: »
    The DSRs talk about cancellation "howsoever expressed" (as I recall). Physically returning the item(s) complies with DSRs as long as the item(s) arrived at the supplier within 7 working days* from initial receipt.

    * Day 1 is the day after receipt. And I'm ignoring whether or not they have complied with the notification of cancellation rights (ref. post #3)

    All depends on how it was returned. Notice of cancellation has to be durable medium also remember. Depending on how OP returned it, it may not be possible to "reproduce" the notice of cancellation.

    However it may be possible as beckys dresses says they (buyers) must obtain proof of posting. Or perhaps OP has kept a copy of the documents she sent back/sent a letter with it.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • tunn1909
    tunn1909 Posts: 14 Forumite
    It was definately returned as sent. Once our children are settled in bed a letter is being drafted. Thank you once again to all of you.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    fozzeh wrote: »
    The ‘Return’s page doesn’t so I would think the 30 day rule would apply. That would put you on 17/01/14…and, OP, I take that you have contacted before then?


    30 day rule for what? You mean the 3 months and 7 working days? If so, websites dont count as durable so even if it was detailed there, it doesnt count for the purposes of DSRs. Its where quite a few companies go wrong (and worthwhile to remember if you ever find yourself in that situation!).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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