Skirtingboardsdirect

Gismocatgismo

I'm after a bit of advice, I hope that some of you forumites can help.

I ordered a standard oak timber window cill and trim from Skirtingboardsdirect whom I would not recommend (hindsite is wonderful!).
Their website said delivery within 7-10 days. after a week I contacted them about delivery as I hadn't heard anything only to be informed that they hoped to be in a position to send the timber either the end of the follwoign week or beginning of the week after - substantially longer than the claimed delivery times.
I then asked to cancel the order as i needed the timber before then so that the contractor could continue with finishing my bathroom. At this time they informed me that according to their terms and conditions they will need to charge me a 50% re-stocking fee and a £25 admin fee. they also stated that as the board was 'custom' the distance selling rules didn't apply. The order wasn't custom and was picked up off their std online ordering.

Any help appreciated as paid out £131.40 and only got £53.20 back

neilmcl

They're talking nonsense. If these are standard sizes chosen from their website then they are not custom or made to your preference. You need to send them an LBA disputing this and stating that under the Consumer Contract Regulations 2015 these items are not classed as personalised as they are stock, prefabricated goods.

Gismocatgismo

thanks for the response, what is a LBA? Excuse my ignorance

Browntoa

Letter before action

unholyangel

If an LBA doesn't get you a good result, you may also have the option of starting a chargeback with your bank (which you can then refer to the financial ombudsman if the bank decline your chargeback).

Given their T&C's, I'd fully expect the bank (and perhaps even the ombudsman initially) to decline. You'll have to show that the CCRs formed part of the T&C's (which shouldn't be too hard given the CCRs expressly state that xyz "is to be treated as a term of the contract").

You can also report the trader to Trading Standards as they are misleading consumers about their rights (their T&C's also reference old statute, not the current laws).