Dabs taken money on out of stock and cancelled order

wazza99

Hi folks can you help me plan a course of action and advise what my rights are ?

Brief summary so far

28/07/14, order placed online for a laptop showing in stock for £780, delivery 1-3 days.

29/07/14 order checked online, now showing no stock, order processing, emailed Dabs for a stock update.

1/08/14 called Dabs, advised awaiting stock from supplier expected delivery now 13/08/14 ! (even tho website now shows 31 in stock) ..i specifically asked if we could cancel order and if money was taken only on dispatch, confirmed yes to both.

01/08/14 i cancelled full order online (status was still processing). Check my pay-pal account Dabs have now taken full amount !

Payment was via paypal linked to my credit card.

I have raised a dispute with paypal and emailed Dabs customer services and will of course call them today.

There own T+C's state no money will be taken until order is dispatched !

Other options Charge-back ? tho will the use of paypal make this invalid ?
Letter of demand before action ?
Small claims if they don't play ball ?
They may ofc just apologise profusly and refund but something tells me not.

frugal_mike

Well obviously you are entitled to a full refund, but since you paid via paypal a chargeback or Section 75 claim would either fail or just upset paypal. I would imagine either Dabs will refund or Paypal will rule in your favour and give you the money back.

If they don't them as you say a Letter Before Action would be the next step. The relevant legislation is The Consumer Contracts Regulations, which give you the right to cancel for a full refund.

robatwork

I have had some nightmare dealings with dabs about 15 years ago. No idea if they are still shady as I vowed to never use them again, and never have.

Keep us in touch with this.

justjohn

just to warn everyone else. BT.Shop uses DABS for fulfilment sometimes.

visidigi

justjohn wrote: »

just to warn everyone else. BT.Shop uses DABS for fulfilment sometimes.

Thats because BT owns DABS

As for the OP, they made an error taking the money, contact them and ask them to refund. Its been a matter of days. Not worth getting all chargeback this (which wont work), small claims blah blah.

Just ask them and be civil about it

Littlestars_2

The reason you have been charged is because you used paypal so anytime you make a transaction the money is taken straight away by paypal where as if you used a card you would not have been charged. Most retailers will pre warn of this when you use paypal.

harrys_dad

Why do people use Paypal for purchases like this? Not sure how it gives them any added protection at all.

visidigi

harrys_dad wrote: »

Why do people use Paypal for purchases like this? Not sure how it gives them any added protection at all.

It doesn't quite the opposite in fact...

wazza99

Thanks for the varied replies :-)

I have called Dabs and they assure me it "should" be sorted by early next week. I shall wait with crossed fingers and toes.

As others have said i mistakenly assumed using my credit card paypal account was the same as just using the credit card....

Wish there was a book on "how not to drop yourself in it" alas we all have to learn the hard way sometimes....we aren't all blessed with all seeing financial knowledge...

boo_star

Littlestars wrote: »

The reason you have been charged is because you used paypal so anytime you make a transaction the money is taken straight away by paypal where as if you used a card you would not have been charged. Most retailers will pre warn of this when you use paypal.

That isn't strictly true, some retailers can authorise via PayPal (and PayPal won't take the money immediately)(usual bank authorisations excepted.))

It's rare but it does happen.

wazza99

Thought things we're too good to be true......just had an email from them 9.40am this morning (odd..) saying they do not have any money from paypal/me to refund !!

I have now sent them a full screen shot of my paypal account clearly showing the £780, payment to Dabs..status completed.

I can see me being back the phone tomorrow.