BBC Rogue Trader won't refund my money

DeeDeeS

I made the mistake of ordering a sewing machine online without checking the company's credentials beforehand. Got carried away with a bargain (more fool me). It turns out they've been on BBC Watchdog and Rogue Traders in the past and haven't changed their ways since.

I immediately cancelled my order - same day and my request went ignored. They sent me an email saying they were processing my order. I reiterated that I wished to cancel. They sent me a dispatch notification saying they'll deliver the item Exress delivery.

They did email me back when I stated that I refuse to be liable for delivery charges or adminicon charges as I cancelled 2 days before they sent it out. They said they had upgraded the machine from an ex-showroom model to a brand new one but they'd try and cancel the delivery and get back to me shortly.

I have no doubt they said that to try and get me to accept the delivery and from what I've read on other reviews/forum posts that would be a big mistake!

I refused the delivery and now they won't engage with me at all. All of my 'Support Forum' posts on their website have been closed without response.

I've opened a dispute with the credit card company but I'm not sure it falls within their remit - I didn't take delivery, they did try to deliver, the item wasn't damaged, they didn't charge my card fraudulently... So where do I stand?

It's been 12 days since I placed and cancelled the order. 7 days since I refused delivery and 3 days since they received the item back at their premises. (I have tracking proof).

Any advice would be much appreciated - I'm not sure how to handle this. Thank you!!

naedanger

DeeDeeS wrote: »

I've opened a dispute with the credit card company but I'm not sure it falls within their remit - I didn't take delivery, they did try to deliver, the item wasn't damaged, they didn't charge my card fraudulently... So where do I stand?

Did the company charge your credit card at all? If not then what is the problem you wish resolved?

If they did charge your credit card, you are entitled to a full refund. Provided the price for the item was over £100 then you can hold the credit card company liable. Explain to the credit card company you cancelled the order before the item was dispatched and that the item is now back with the retailer and that you therefore require the credit card company to refund your money.

DeeDeeS

Yes the company charged my card straight away - it's over £100.

My issue is that I can't easily find any rules relating to this kind of situation - where the order has been cancelled before dispatch and refunds not being issued. Of course to my mind it's simple - I've cancelled, I want my money back. But if they refuse to engage with me who do I speak to? The Bank? Small Claims? Action Fraud?

The company's refund policy doesn't mention this scenario and the credit card dispute procedure only relates to issues with the goods being faulty, orders not being received, cards being charged fraudulently etc...

I have contacted the credit card company however I'm concerned they will not agree to get involved in this matter as it's not fraudulent behaviour at this stage. I'm worried that if I'm not following the correct procedure it could go against me - i.e. leaving it too late to send letters/emails etc,,..

I'm being ignored by the supplier I'm afraid I may lose my money because they didn't agree to terminate the order or to refund.

naedanger

DeeDeeS wrote: »

Yes the company charged my card straight away - it's over £100.

My issue is that I can't easily find any rules relating to this kind of situation - where the order has been cancelled before dispatch and refunds not being issued. Of course to my mind it's simple - I've cancelled, I want my money back. But if they refuse to engage with me who do I speak to? The Bank? Small Claims? Action Fraud?

The company's refund policy doesn't mention this scenario and the credit card dispute procedure only relates to issues with the goods being faulty, orders not being received, cards being charged fraudulently etc...

I have contacted the credit card company however I'm concerned they will not agree to get involved in this matter as it's not fraudulent behaviour at this stage. I'm worried that if I'm not following the correct procedure it could go against me - i.e. leaving it too late to send letters/emails etc,,..

I'm being ignored by the supplier I'm afraid I may lose my money because they didn't agree to terminate the order or to refund.

Speak to your credit card company. I think you should find it easy to get your money back from them. If they refuse to help then ask them for a copy of their complaints procedure and a written response from them with their reasons for their refusing to refund.

Also read this article for background information:

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

I am not certain that this (section 75 refund) applies to your case, since your case may be even more straightforward. If you cancelled before the company dispatched the item my guess is the company never had a contract to supply the item and would therefore have no justification for keeping your money. In which case I would again expect your credit card company to refund the money.

DeeDeeS

That has put me at ease. Thank you! Having seen this company in action on YouTube - Rogue Traders I'd hate to think they've got away with ripping me off! Thanks for your advice. Much appreciated.

naedanger

DeeDeeS wrote: »

That has put me at ease. Thank you! Having seen this company in action on YouTube - Rogue Traders I'd hate to think they've got away with ripping me off! Thanks for your advice. Much appreciated.

Good. Speak to your credit card company, explain the situation and ask them to refund. If they ask for more info supply it.

If at any point they refuse to help, say you believe they are jointly liable and therefore you wish to formal complain about their refusal to help and wish their response in writing and a copy of their complaint procedure. Then post back here.

My expectation is they will want to investigate but will pay once they are satisfied you never accepted the item.

Annie1960

DeeDeeS wrote: »

Yes the company charged my card straight away - it's over £100.

My issue is that I can't easily find any rules relating to this kind of situation - where the order has been cancelled before dispatch and refunds not being issued. Of course to my mind it's simple - I've cancelled, I want my money back. But if they refuse to engage with me who do I speak to? The Bank? Small Claims? Action Fraud?

It's nothing to do with fraud. It's a consumer rights issue. It used to be called Distance Selling Regulations, but the name changed in 2013:

http://www.legislation.gov.uk/uksi/2013/3134/contents/made

Assuming you ordered online or on the phone rather than going to their premises, you have a 14 day cooling off period, by law.

The company's refund policy doesn't mention this scenario and the credit card dispute procedure only relates to issues with the goods being faulty, orders not being received, cards being charged fraudulently etc...

The company's refund policy is irrelevant. The Consumer Contracts etc Regulations 2013 gives you 14 days after receipt of the item to cool off. As you have not received the item, you can still cool off.

By the way, I presume it is a Cooper's machine?

I have contacted the credit card company however I'm concerned they will not agree to get involved in this matter as it's not fraudulent behaviour at this stage. I'm worried that if I'm not following the correct procedure it could go against me - i.e. leaving it too late to send letters/emails etc,,..

Nothing to do with fraud, purely a cooling off matter, and you need to use the words 'cooling off' when you talk to your card company and ask them to refund your money. I think the technical term may be chargeback under s75.

I'm being ignored by the supplier I'm afraid I may lose my money because they didn't agree to terminate the order or to refund.

Don't bother talking to the supplier any further. Write to them using a durable medium, e.g. email, so you can prove you wrote to them, and then contact your card company for a refund.