PLEASE help me!!

sourcrates

IAmWales wrote: »

sourcrates you're missing a fundamental issue here, cancelling the credit does not cancel the order placed, all it means is that you have to find another way to pay.

sjoyce, you're fine to cancel the credit, but you need to address the other issues too. You've not received what you originally paid for, so you need to contact the seller and ask them to rectify this. You then need to look at your rights to cancel the pictures, what does your contract say about this?

sourcrates is also wrong about who to complain to, as Trading Standards do not deal with individual disputes. The CAB Consumer Advice Line should be your first port of call.

I'd also suggest you look up the service provider and see if there is feedback from others, there most likely will be. This will give you an idea of how likely they are to pursue this if you fail to pay. Keep in mind that this could result in you receiving a CCJ if you simply cancel the finance and hope the rest goes away.

OP states there were :

“pressurised into buying a digital,package of 10 photos”

Under those circumstances I would think it reasonable to either cancel the entire transaction, or receive what the OP was originally promised.

Trading standards services are accessed through your local citizens advice centre or helpline, they may do one of three things, Trading Standards will decide whether to investigate your problem. If they do, they might contact you for more information and evidence. Depending on what they find out, they might take action to stop the trader from acting unfairly. For example they might educate the trader about the law or take legal action against them to stop them from trading completely.

Even if Trading Standards don’t contact you, they might use your evidence to take action in the future.

Robisere

I cannot help with legal advice or your position, OP, but I can tell you about my own much better experience in a similar situation.

For my 70th birthday, my family put together a package of a family meal and a photo shoot at a local small but very professional studio in Louth. We were 'shot' so may times, in so many groupings, that I lost count, but the results were wonderful and cost just a little over £150. We received full access to the studio website, with password. That enabled us to look at all the 200+ images and decide which ones we would like on a CD. All the family with internet access was allowed to do this and choose together.

This led to 110 images on a CD, which was copied to several family PC's. We were also given 6 copies of the main family grouping, in large format. One of these adorns a mantelshelf at 3 family homes and 3 bedroom walls.

I have no objection to you using these details to remind anyone that this is how it should be done. I think you have been given abysmal treatment by this studio and I hope you manage to get redress.

System

sjoyce2050 wrote: »

This is all jargon to me, so does this mean that if I cancel within the 14 days cooling off, I can get out of it? I will send the CD back and not post any of the pics online because I understand that they have the rights, is that correct @sourcrates?

It means you can get out of the credit agreement but you will still owe the money.

Jenniefour

OP, amounts to aggressive and misleading sales practice. As sourcrates has said, trading standards may be interested in hearing about this outfit.

sourcrates

IAmWales wrote: »

sourcrates you're missing a fundamental issue here, cancelling the credit does not cancel the order placed, all it means is that you have to find another way to pay.

I'm not missing anything IAM Wales.

Whatever the item may be (with certain exceptions for bespoke items/personalized items etc) if you opt to pay by credit, then change your mind and cancel within the cooling off period, the company concerned must cancel that agreement, you must return any goods received under that agreement, once this is done, the order is treated as though it never existed.

Should you wish to pay using another payment method, you are free to do so, but are under no obligation, you do not have to find another way to pay, its all clearly set out in the consumer credit act, and in my post above.

OP needs to carefully check her paperwork, all cancellation rights will be listed there.

JJG

sourcrates wrote: »

I'm not missing anything IAM Wales.

Whatever the item may be (with certain exceptions for bespoke items/personalized items etc) if you opt to pay by credit, then change your mind and cancel within the cooling off period, the company concerned must cancel that agreement, you must return any goods received under that agreement, once this is done, the order is treated as though it never existed.

Should you wish to pay using another payment method, you are free to do so, but are under no obligation, you do not have to find another way to pay, its all clearly set out in the consumer credit act, and in my post above.

OP needs to carefully check her paperwork, all cancellation rights will be listed there.

You are missing something. From your own post above

For credit card the 14-day cooling off period starts from when you receive notification of your credit limit.
While the credit agreement can be cancelled, the contract for the item or service itself won't be affected so if you used credit to finance the purchase of a car you would need to find some other way to pay for it unless you have some other right to cancel that contract.

The only way they don’t have to still pay for the items is if the credit agreement was signed at a distance/off premises. The OP needs to be clear where they signed the agreement, but I imagine it was at the studio so they still need to pay for the photos.

sourcrates

JJG wrote: »

The only way they don’t have to still pay for the items is if the credit agreement was signed at a distance/off premises. The OP needs to be clear where they signed the agreement, but I imagine it was at the studio so they still need to pay for the photos.

No, i was just sick of repeating myself.

The fact the OP felt pressured into taking out the finance should be reason enough for cancellation of the order and the agreement..

Shakin_Steve

There are provisos on quite a lot of online stores, e.g. Blinds 2 go, stating that once an order is placed, it cannot be cancelled, for obvious reasons. I would lump personal photos into the same category.
The only way out, as far as I can see, is if the goods are not what you ordered or of a substandard quality. But......the seller must be allowed to make good or agree to cancel, I don’t think you can just ‘change your mind’.
The pressure selling is subjective, we only have the OP’s word on that.

I really don’t think it’s a simple case of cancelling the credit agreement and returning the goods, not in this case. I hope the OP tells us the outcome of this so we have a future reference.

Shakin_Steve

Just as an aside, £495 for 10 digital photos seems way too expensive. Nearly 50 quid a shot!

Integroo

sourcrates wrote: »

No, i was just sick of repeating myself.

The fact the OP felt pressured into taking out the finance should be reason enough for cancellation of the order and the agreement..

A claim of feeling pressured into buying something is not a get out of free jail card. We have only OP's word for this, and it is likely just a case of buyer's regret. Yes, the finance can be cancelled, but as noted above, this doesn't cancel the contract of sale, just the finance contract - the goods still have to be paid for. They can of course try and enforce their CRA15 rights if the goods are not of satisfactory quality or not as described, and if they do so within 30 days, they are entitled to a full refund. However, they cannot do so simply because they changed their mind - the goods have to not be of satisfactory quality or not be as described.

Pragmatic advice: write to the vendor, tell them you think the goods are not of satisfactory quality, and that you are exercising your right to reject and would like a full refund. I wouldn't cancel the finance contract before having a response, as if you do so and are refused a refund, you will have to find 495 from elsewhere (and presumably you don't have it, or you wouldn't have taken out the finance). If a refund is refused, you can go to trading standards and ask them to investigate. The nuclear option is raising small claims proceedings.