Fensa certificate and Distance Selling Regulation (refund)

Okydoky25

I had the exact same thing a few months ago. Move on. In the grand scheme of things with all the other stresses of buying a property is it really worth it.

frugal_mike

If they are providing a service rather than sale of goods then check the FENSA terms and conditions. Have you agreed that the service they are providing can be supplied immediately? If so, you have no rights to cancel it. If you didn't agree that then they should not have started the service until the 14 day cancellation period had expired, which started at the moment you requested the service.

pharao

Thanks for all your answers. To give you my comments:

It's also a service which once started can't be cancelled

Why is that? Probably every service can be cancelled.

they did what you asked

The same applies to any Distance Selling Regulations. The usual is people do supply you with the service/goods you require but you have a cancellation period which you can use even without any actual reason (just change of mind).

Do you work for nothing?

That's how the Distance Selling Regulation EXACTLY WORKS like! When you order a package at Amazon, do you think that people preparing it work for nothing??? Yet, you can still change your mind and receive FULL REFUND. I think you have no idea on how the regulation works.

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

The seller's solicitors delay things and it's not a matter of being impatient but lack of enough and proper communication. I looked at the details of seller's solicitor's e-mail and they first refused supplying these but as you can see later did anywa, making extra cost for myself.

then perhaps you should just make that case to Fensa and they might agree with you.

They again refused, even though supposedly Deputy Manager looked at my request. They ignored what I've written to them about the DSR Act.

In the grand scheme of things with all the other stresses of buying a property is it really worth it.

That's the thing. I got so many extra costs that I'm trying to cut on the ones which are unexpected and unnecessary. It may be only £25 but it's still money and also about the principle (especially if I indeed have a right - unless I don't).

Have you agreed that the service they are providing can be supplied immediately?

I don't remember what was there exactly but they don't have any details regarding cancellation in their "legal" bit on the website. I think there was something to "check details as no refunds are given" but it doesn't have to mean that this is actually allowed by law. In fact, after the order they were supposed to send it to me within 7-10 (or something like that) working days period, while they dispatched it on the next day.

I need to contact Consumer Advise then.

bod1467

Just so you know ... services may be exempt from the automatic right to cancel (per the DSRs) IF it was agreed that the service would commence immediately.

So what did the T&Cs of the contract say?

pharao

bod1467 wrote: »

Just so you know ... services may be exempt from the automatic right to cancel (per the DSRs) IF it was agreed that the service would commence immediately.

So what did the T&Cs of the contract say?

There isn't really a proper one as the "legal" bit on their website at link http://www.fensa.co.uk/legal.aspx only says about all other issues, rather than of the contract or similar.

I have spoken with the Trading Standards Institute and was told that in fact they are not in breach of the Act if the goods are indeed "personalised". They couldn't say for sure if these were. As I have now received them, you could argue whether they are personalised or not. On the back of the certificate, there is my name and address BUT that is printed mostly for the purpose of having a postal address (as it's used together with the transparent box envelope). Also, the certificate is "somehow" personalised as it is a specific certificate for specific property and installation.

HOWEVER, the Trading Standards has asked if they supplied me with the pre-contractual confirmation - basically an order's summary sent to e-mail. FENSA only sent me confirmation for the payment (in fact sent by the PayPoint) and such doesn't have all legally required details - see Schedule 2 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

I've passed those details to Fensa but they still refuse to do a refund. I was now advised the only way to take it forward is to send them a letter by recorded delivery and if they again refuse, make a court case..... which is rubbish. The Trading Standards Authority will be told about it but there is no certainty if they will make any action.

So yeah, the company certainly is in breach of the law with one point. Possibly with the order (but nobody can tell me for sure). The authority isn't interested, while the company is ignoring what I am saying. Using Money Claim online costs £25, while they owe me £24. It's getting pointless.... but I may do the case just to prove they are in the wrong. After all, they are breaking the law and don't want to make a silly refund, which they could just for the sake of me pointing out to them they breach the law.

wealdroam

The cost of bring the court case would be added to your claim.

If you are convinced you are right, then start the court action by sending a letter before action.

All you are getting here are opinions.
You need to decide which of those opinions, if any, you want to accept.

Sounds like you won't accept anyone's opinion other than that of a court.

Good luck with whatever you decide.

Just to add: It is also my opinion that the certificate is 'personalised goods' and as such the right to cancel does not apply.

George_Michael

A company doesn't have to give details of the legal right to cancel if that right doesn't apply as in the case of personalised goods.
From the link you provided, schedule 2 showing what info must be provided.

(l) where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

IMO, a court will agree with FENSA that the certificate is personalised as it relates to specific work carried out on a specific property and I don't see how it could be classed as anything other than personalised. After all, it's not as if the certificate could be used by another house owner.

photome

pharao wrote: »

. Also, the certificate is "somehow" personalised as it is a specific certificate for specific property and installation.

.

By you quoting "somehow" does that make it less personalised in your opinion?

Can they send the same certificate to someone else?

I think the answer is no, in which case it is personalised and you are not due a refund.

You could of course try the court route.

pharao

Yes, it could be argued that this particular service is in fact personalised and I wouldn't start a court case just based on that.

However, as I've mentioned, the company has failed to send a pre-contractual information. Well, they did but it was insufficient (for example the confirmation should include their name and address). According to Trading Standards, it is enough to request for the refund.

I won't be taking the case to court though. It's just not worth it and having used Money Claim online in the past, I know there may (and most probably will) be more fees to pay.... while I can't claim any money for my lost time.