Laptop Ordered online has not arrived

mightyquin

I ordered a laptop from saveonlaptops.co.uk an the 23rd of May. They use DPD as a courier. I was due to leave home on the 30th to go and do some contract work so I logged in to DPD and upgraded to expedited delivery. I called DPD and they say they have lost the package.

I called the vendor and they acknowledge that DPD have lost the package but want up to 14 days to investigate.

This laptop is crucial to my work. I am losing clients and money and unable to work until I have it (or one from elsewhere). I can't afford to replace it without a refund.

As the sole provider for our family, I really need to be working.

Do I have statutory rights to cancel the purchase and get a refund? I need to resolve this as soon as possible because without a computer, I am unable to earn.

wealdroam

mightyquin wrote: »

Do I have statutory rights to cancel the purchase and get a refund?

Yes you do.

And they have a statutory responsibility to refund you within fourteen days of receiving your cancellation notice.

Not too sure that helps you though.

Difficult decision: Cancel and wait fourteen days for a refund, or do nothing and wait fourteen days for your laptop.

As the responsible breadwinner in your family, have you not got a credit card?

Cancel this order, order elsewhere on card, get refund to cc card.

By the time you get your cc statement there will be no extra to pay.

neilmcl

As this is a distance sale then yes you can cancel under the Consumer Contracts Regulations (CCRs), although the retailer does have up to 14 days in which to refund you so it's likely to take just as long.

One caveat though is you can't rely on consumer legislation if you're claiming this is a business purchase.

mightyquin

Thanks for the replies. How would the situation change after 14 days assuming there hasn't been a resolution?

wealdroam

mightyquin wrote: »

Thanks for the replies. How would the situation change after 14 days assuming there hasn't been a resolution?

Not too sure I understand that question.

You have the right to cancel the order.
They must refund you within fourteen days.

A resolution?
They must refund you within fourteen days of receiving your cancellation notice. This has nothing to do with whether the laptop is lost or not.

mightyquin

Sorry, I was referring to the 14 day period they mentioned to investigate to loss. If I waited until they investigate (in the hope that they find the laptop and I receive it). Does that affect my rights?

wealdroam

mightyquin wrote: »

Sorry, I was referring to the 14 day period they mentioned to investigate to loss. If I waited until they investigate (in the hope that they find the laptop and I receive it). Does that affect my rights?

Still don't understand.

If you wait and eventually receive the laptop, then all is fine, isn't it?

All you rights are still intact.

mightyquin

I'm just concerned that I may wait the 14 days then lose my right to cancel the purchase and end up with no laptop and also be out of pocket.

neilmcl

mightyquin wrote: »

I'm just concerned that I may wait the 14 days then lose my right to cancel the purchase and end up with no laptop and also be out of pocket.

The cancellation period ends 14 days after the day you received the goods, so no you will not lose your right to cancel.

timbstoke

A few warning signs I can see here. Under the CCRs, they must refund you within 14 days of cancellation. However a) as far as I can tell, you haven't actually cancelled, you're just allowing them to investigate, so that clock hasn't started ticking yet. However, b) CCRs don't apply to you if you're buying it in the course of your business, rather as a consumer. Fortunately for you, chances are they won't know either way and will assume you're a consumer, unless you try and make yourself sound important by emphasizing how much you rely on the laptop for your work.

mightyquin

So if they do know that I am buying it (partly) for business reasons, does that mean that they don't have any obligation to refund me or send a replacement or allow me to cancel?