Distance Selling Consumer Contracts - My Rights

George_Michael

Catflan79 wrote: »

It's just very frustrating as I spoke to trading standards and they said the company are wrong and that they should go by the consumer contracts (information, cancellation & additional charges). So don't know where I stand.

But they do appear to be abiding by the Consumer contracts regulations.
It is these regulations that state that the notice of cancellation must be given to the retailer within 14 days of receiving the goods.

One important point is that this 14 day period only applies if you were informed of this in writing. It can have been on an e-mail receipt that you received, a separate letter or on the invoice or receipt received along with the goods when they were delivered.
If you were not advised of this cancellation right then the 14 days doesn't begin until such time as the information is received by you.

wealdroam

Catflan79 wrote: »

I returned it with the return form completed and the original invoice. The company I used are saying that they didn't receive it until the 15th day as they said the 14 days start from the day I received the product and sent me the following from government legislation gov.uk/accepting-returns-and-giving-refunds online sales, mail and phone order sales. Should I go by this legislation?

As you used the form supplied by the seller then you have almost certainly notified them correctly. The fact that they are not contesting this helps.

You appear to be quoting from www.gov.uk/accepting-returns-and-giving-refunds which in my opinion does not make it very clear when the actual starting date is for counting 14 days.

The legislation, Regulation 30 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, actually says:

Normal cancellation period
30. [...]
(3) If the contract is a sales contract [...], the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—
(a)the consumer...

The Department of Business Innovation & Skills have produced some guidance: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

On page 18 of that guide they state:

The 14 days for cancellation start the day after the goods have been received or, in the case of service contracts, the contract was entered into.

The point I am making is that the legislation is quite clear, and I would suggest that you need to count the days and make this clear to the seller.

frugal_mike

One extra bit of information that I did not make clear is that neither the cancellation notice nor the goods need to be received by the seller within their respective 14 day periods. They must be sent within that period.

So if you have any form of proof of postage then you have complied with the regulation.

Also it is perfectly fine to send the goods without explicitly cancelling first as long as the seller can identify that you sent the goods. There is no required form for the cancellation to be in other than it should be a durable medium. Sending the goods back with a covering note identifying you satisfies that.

Catflan79

I received the goods on the 12th sept and they were received by the company on the 26 th. I have contacted the co by email on numerous occasions to explain that by the consumer contracts advice this is 14 days but they are going by gov.uk/accepting-returns-and-giving-refunds and say its 15. Am I right in pursuing this?

frugal_mike

Catflan79 wrote: »

I received the goods on the 12th sept and they were received by the company on the 26 th. I have contacted the co by email on numerous occasions to explain that by the consumer contracts advice this is 14 days but they are going by gov.uk/accepting-returns-and-giving-refunds and say its 15. Am I right in pursuing this?

Again, the day they received the goods is irrelevant under the Consumer Contracts Regulations. The only dates that matter are the day you receive the goods and the day you send the cancellation.

The relevant section is Regulation 32 (shown below):

32. (1) To withdraw an offer to enter into a distance or off-premises contract, the consumer must inform the trader of the decision to withdraw it.

(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or
(b)make any other clear statement setting out the decision to cancel the contract.
(4) If the trader gives the consumer the option of filling in and submitting such a form or other statement on the trader’s website—

(a)the consumer need not use it, but
(b)if the consumer does, the trader must communicate to the consumer an acknowledgement of receipt of the cancellation on a durable medium without delay.
(5) Where the consumer informs the trader under paragraph (2) by sending a communication, the consumer is to be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the period.

(6) In case of dispute it is for the consumer to show that the contract was cancelled in the cancellation period in accordance with this regulation.

I have emboldened the important parts, paragraph 5 and 6. Do you have proof of when you posted the goods back?

However even without that proof, the goods were clearly received by the company within the required time so you are in the right here. And even if they were received by the company one day outside the cancellation period, that in itself would be acceptable proof to me that you posted it in time because the best postal service I'm aware of offers next-day-delivery so you must have posted them in time.

Catflan79

Yes I have a copy of the receipt from collect plus to prove the goods were posted back on the 21st September. Not sure what to do next as they say that no longer will discuss it with me.

frugal_mike

How much do they owe you and how did you pay? (it affects the available options).

Also do they think they get to keep the goods and not refund you?

Catflan79

They owe £92 but are offering me a credit note for £87 as there was a restocking fee.

frugal_mike

Catflan79 wrote: »

They owe £92 but are offering me a credit note for £87 as there was a restocking fee.

If you paid by card you might be able to contact your card provider and do a chargeback, but I'm not sure if it will work in this situation. If not, your other option is to send a Letter Before Action giving them a reasonable period to refund you in full or you will initiate a small claim against them for the money plus court costs.

It's pretty bad customer service to use the law to get one over on a customer, especially when they don't know the law. Very short sighted of them.

wealdroam

I would be sending a Letter Before Action.
Something like:

Dear Sirs,

Letter Before Action - order number ABC123

I returned the <whatever it was> to you on 21st September which is only nine days after I received the package on 12 September. I can provide proof of the return date if necessary.

This is clearly within the time limit specified in Regulation 30 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Therefore I request that you return to me all monies paid, being £nn.nn, within the next 21 days.

If I have not received that refund by <date 21 days hence>, I will have no hesitation in taking court action to recover my money.

Yours etc.

The CAB website has more information on a letter before action.