Sensory Education Ltd. (Formerly Cheap Disability Aids Ltd)

tinkafairy

Hey folks, this appears to (sadly) be a company that comes up on the consumer forums A LOT. 

Having not been sent goods I ordered, and cancelling them as they had not arrived within time frame (indeed, never arrived) the company failed to refund me - as per the Consumer Rights Act 2015.

Raised a chargeback after no goods and no refund. 

A month afterwards, they are now threatening me and demanding extra fees or I will be taken to court. They then referenced their T&C's which are a masterclass in wrong (citing out of date legsilation plus a lot of incorrect ideas). And adding in their charges if you ask for a refund for either faulty goods or goods that never turned up. 

It is what I think could be described as a masterclass in 'unfair contract terms'. 

I need to share (and if the link does not work, please Google sensory education terms and conditions). 

Some highlights also include charging for a Subject Access Request. 

But some big ones (after incorrectly citing the Sale of Goods Act, which has been replaced by the Consumer Rights Act anyway...)

"Please note performing a charge back is not an acceptable cancellation or escalation process, any charge back undertaken outside of the schemes remit of failure to deliver goods, or damaged goods will incur a charge back processing fee of £75.00 plus VAT plus interest chargeable at 8%

All complaints should be raised in accordance with the sales of goods act or the consumer contract regulations and raised in writing and follow the pre action protocol prior to any chargeback,should a chargeback be raised which is not inline with the terms and conditions we will pursue all legal remedy to recover those funds and legal costs."

Aylesbury_Duck

Have they actually sent you a letter before court action, or similar?  Are you prepared to call their bluff?  I suspect they'll back down, especially if the amount is modest.

tinkafairy

No, and quite frankly I'd be quite happy to defend it in court. Despite being asked mutliple times for tracking info, it was never provided. I never received the items ordered. I cancelled the order (in writing) which they did not acknowledge, but does show in past emails when they responded to me on email, so they got the notification. I never received the items ordered. I made a written request for a refund. They just totally ignored me. I'm not paying for goods that were never received (and I suspect, never sent). I am also not paying invented charges for exercising my consumer rights. 

I have responded to the email, noting that they cannot hold someone to unfair contract terms, that I had raised this with Trading Standards. Who knows if they will respond. 

The total value of goods and postage paid was under £20. They now want me to pay that plus a £10 charge for filing a chargeback. I will not be doing so. 

I understand the court has to notify me if they make a claim. I will robustly defend it. 

Aylesbury_Duck

Good for you.  I very much doubt they'll actually do anything because the court would probably regard a claim of £30 as frivolous.  Be prepared for some more huffing and puffing but they'll almost certainly give up chasing.

ThumbRemote

Aylesbury_Duck said:

Good for you.  I very much doubt they'll actually do anything because the court would probably regard a claim of £30 as frivolous.  Be prepared for some more huffing and puffing but they'll almost certainly give up chasing.

The courts may regard the claim as frivolous because Sensory Education have no evidence, they wouldn't regard it as frivolous due to the amount claimed. One solicitors describe frivolous claims as "unmistakeably without merit".

I don't know where this idea comes from on these boards that there's a lower limit for claims that courts apply. There's never been any evidence of a single case that has been dismissed for being too low, it's purely a form of chinese whispers that someone guesses something then it gets repeated and eventually is treated as fact. 

sheramber

Pre empt them and take them to the small claims court for your money.

tinkafairy

sheramber said:

Pre empt them and take them to the small claims court for your money.

I have my money. Visa refunded me when I raised a dispute. They are trying to make me send the money I claimed via chargeback for non-received goods plus an arbitrary fine for using chargeback. 

eskbanker

tinkafairy said:

Raised a chargeback after no goods and no refund. 

A month afterwards, they are now threatening me and demanding extra fees or I will be taken to court.

tinkafairy said:

sheramber said:

Pre empt them and take them to the small claims court for your money.

I have my money. Visa refunded me when I raised a dispute. They are trying to make me send the money I claimed via chargeback for non-received goods plus an arbitrary fine for using chargeback. 

Merchants generally have the ability to dispute a chargeback within 45 days, so it seems odd that they haven't done so (yet?) and are talking about court instead, unless your card company sided with you after a challenge from the merchant - has your card company confirmed that the matter is closed as far as they're concerned or does the refund remain provisional at this stage?

tinkafairy

Another good reason for not sending them money by bank transfer!

It is all odd. I suspect my card company has asked for proof that the items were delivered, and they have not sent them any. Who knows, they have plenty of time to provide any evidence of they can validly dispute the chargeback. 

That said, according to an article in 2019 on This is Money that they once went as far as filing in small claims (then leaving it) for one customer, and sent obviously faked tracking info with a signature ostensibly from the purchasers niece who was 5 and profoundly disabled. 

This company seems to have more energy to harrass disappointed customers than actually delivering the goods ordered. 

born_again

tinkafairy said:

Hey folks, this appears to (sadly) be a company that comes up on the consumer forums A LOT. 

Having not been sent goods I ordered, and cancelling them as they had not arrived within time frame (indeed, never arrived) the company failed to refund me - as per the Consumer Rights Act 2015.

Raised a chargeback after no goods and no refund. 

A month afterwards, they are now threatening me and demanding extra fees or I will be taken to court. They then referenced their T&C's which are a masterclass in wrong (citing out of date legsilation plus a lot of incorrect ideas). And adding in their charges if you ask for a refund for either faulty goods or goods that never turned up. 

It is what I think could be described as a masterclass in 'unfair contract terms'. 

I need to share (and if the link does not work, please Google sensory education terms and conditions). 

Some highlights also include charging for a Subject Access Request. 

But some big ones (after incorrectly citing the Sale of Goods Act, which has been replaced by the Consumer Rights Act anyway...)

"Please note performing a charge back is not an acceptable cancellation or escalation process, any charge back undertaken outside of the schemes remit of failure to deliver goods, or damaged goods will incur a charge back processing fee of £75.00 plus VAT plus interest chargeable at 8%

All complaints should be raised in accordance with the sales of goods act or the consumer contract regulations and raised in writing and follow the pre action protocol prior to any chargeback,should a chargeback be raised which is not inline with the terms and conditions we will pursue all legal remedy to recover those funds and legal costs."

So they are wanting paying for something never received.

Bet judge is going to like that in court...

 I suspect my card company has asked for proof that the items were delivered

No the company have to provide proof to your bank that they were delivered. It is part of their side to reject the chargeback. Sounds like they never contest any & then send out threating letters.

tinkafairy

Thanks, that was my thought!