Fensa certificate and Distance Selling Regulation (refund)

pharao

Hi. I'm purchasing a property and my solicitor asked me to obtain FENSA certificate (for windows) as the seller's solicitors were not really cooperating with that point. I've placed an order online on their website. However, two days later my solicitor has e-mailed me and said he got those certificates from the seller.

I called Fensa asking if I can cancel the order. They refused, saying that it was already dispatched. I also sent them an e-mail and got the same response.

I know there is the Distance Selling Regulation but can it be used in this example? I've told the company I can send back those certificates (when I receive them as I still haven't) and can even supply confirmation from my solicitor of the whole case as well as get a refund less the postage cost they incurred but they don't want to do a refund. Have you got any advise? Does this case apply for Distance Selling?

OlliesDad

pharao wrote: »

Hi. I'm purchasing a property and my solicitor asked me to obtain FENSA certificate (for windows) as the seller's solicitors were not really cooperating with that point. I've placed an order online on their website. However, two days later my solicitor has e-mailed me and said he got those certificates from the seller.

I called Fensa asking if I can cancel the order. They refused, saying that it was already dispatched. I also sent them an e-mail and got the same response.

I know there is the Distance Selling Regulation but can it be used in this example? I've told the company I can send back those certificates (when I receive them as I still haven't) and can even supply confirmation from my solicitor of the whole case as well as get a refund less the postage cost they incurred but they don't want to do a refund. Have you got any advise? Does this case apply for Distance Selling?

As the items are personalised they are exempt from the regulations.

McKneff

Have to agree with Olliesdad,


How much are we talking about here x

pharao

The charge was small (£25 for both) so it's not a big deal but yet, it is still money lost.

I would argue if these are typically "personalised" although obviously those certificates relate to particular property but it's not that they were prepared specifically for me - just reprinted.

pharao

I am looking at the exact legislation at http://www.legislation.gov.uk/uksi/2000/2334/contents/made

Exceptions to the right to cancel
(c) for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

Fensa certificate in my view isn't specifically personalised to myself. It's already there and is just a copy.

None of the points in excepted contracts also applies:

5. (1) The following are excepted contracts, namely any contract—

(a)for the sale or other disposition of an interest in land except for a rental agreement;
(b)for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;
(c)relating to financial services, a non-exhaustive list of which is contained in Schedule 2;
(d)concluded by means of an automated vending machine or automated commercial premises;
(e)concluded with a telecommunications operator through the use of a public pay-phone;
(f)concluded at an auction.
(2) References in paragraph (1) to a rental agreement—

(a)if the land is situated in England and Wales, are references to any agreement which does not have to be made in writing (whether or not in fact made in writing) because of section 2(5)(a) of the Law of Property (Miscellaneous Provisions) Act 1989(1);
(b)if the land is situated in Scotland, are references to any agreement for the creation, transfer, variation or extinction of an interest in land, which does not have to be made in writing (whether or not in fact made in writing) as provided for in section 1(2) and (7) of the Requirements of Writing (Scotland) Act 1995(2); and
(c)if the land is situated in Northern Ireland, are references to any agreement which is not one to which section II of the Statute of Frauds, (Ireland) 1695(3) applies.
(3) Paragraph (2) shall not be taken to mean that a rental agreement in respect of land situated outside the United Kingdom is not capable of being a distance contract to which these Regulations apply.

photome

Not sure why you think you should get a refund, you asked them to reprint and send and they are personal to you.

They have done so, why should they do that for nothing

they cant resell the certificates

EDIT maybe you should reclaim from your solicitor

pharao

photome wrote: »

Not sure why you think you should get a refund, you asked them to reprint and send and they are personal to you.

They have done so, why should they do that for nothing

they cant resell the certificates

EDIT maybe you should reclaim from your solicitor

When you buy any goods or even contract you have a right to cancel it and it even can take more time to prepare the order for sold goods, then for printing a certificate. We have that right, then why we shouldn't use it, even on this occasion? I would imagine that mobile phone contract is also somehow personalised.

They can re-sell the certificate, maybe not now but in the future. We are talking however about the cost of the print and paper, which is probably very small.

In fact, the whole idea of paying for copies of those certificates is quite a rip-off. After all they already earn money for issuing these and could very well send them via e-mail or allow for online download, which would reduce their admin's costs to 0.

My solicitor only advised, not requested. I will send Fensa an e-mail but this time mention Distance Selling Regulations.

P.S. I really wouldn't mind having a bit less for the refund, to cover their cost for sending the item (although that isn't legally required).

bris

It's also a service which once started can't be cancelled, you have no rights and tbh shouldn't expect any, they did what you asked.

societys_child

which would reduce their admin's costs to 0.

Not exactly, most people get paid for working (think they're know as wages) then there are the premises, computers, printers, etc etc which all need to be paid for, so that they could service your request . . .

Do you work for nothing?

Poppie68

It's seems your solicitor was maybe a little impatient, in the time it took for you to order them they were posted and he had recieved them..either the seller had to order a re-print or they were maybe away on holiday or just misplaced them and were looking for them....i would knock the £25 of your final payment to your solicitor.

agrinnall

If you feel that you have a case for cancellation under the Consumer Contracts Regulations (which have recently superseded the DSR, so make sure you are quoting the correct legislation) then perhaps you should just make that case to Fensa and they might agree with you.