Do we have any rigths

the_lunatic_is_in_my_head

Arnold03 said:

He has sent the T&Cs to my uncle on email since

If you are able to ask your uncle to forward the email and post the terms here it might help establish the exact situation but I think you there's a right to the full £2k back, it's just a question of the difficult task of enforcing this sadly. 

born_again

the_lunatic_is_in_my_head said:

Arnold03 said: he goes via the chargeback route is there any legislation that he could quote on the form that might assist his claim?  I really appreciate all this advice.           

Chargeback is separate to consumer rights and is governed by the card provider regulations.

@born_again is the expert here, but in my more limited knowledge you can raise a charge back for not as described (not applicable) or non-receipt but I have a feeling born_again will say the customer looking to refuse delivery will invalidate the chargeback route. 

That said always worth a chat with the bank to see their take on the matter. 

Arnold03 said:

hi thank you so much... my uncle was told by CAB that the DSL   would not apply as that kicks in upon arrival of goods. 

No worries Yes CAB can be inconsistent in their advice and not aways get it right but the regs are clear regarding when the cancellation period starts, it's more a question of what was paid for but without any terms or us looking at a the ad and receipt it's hard to say. Ultimately if the trader won't play ball then it is a case of LBA and small claims which is obviously a headache. 

Normally for £2k it would be worth that headache but with health issues involved it would be understandable if additional stress wasn't wanted at such a time, very much a personal choice on that one  

Letter before action only costs a stamp so is worth a bluff as a last resort. 

You guessed right. Afraid no chargeback rights, as it is buyer cancelling. 

Arnold03

thank you born again and lunatic -

One last thought, as my uncle was not given a contract of sale or any cancellation rights (despite what is now on their website) would the chargeback consider that as a genuine reason for cancelling the sale and then be open to helping? Thank you both - i promise no more questions x

born_again

Arnold03 said:

thank you born again and lunatic -

One last thought, as my uncle was not given a contract of sale or any cancellation rights (despite what is now on their website) would the chargeback consider that as a genuine reason for cancelling the sale and then be open to helping? Thank you both - i promise no more questions x

Sorry, No.
Chargebacks have nothing to do with consumer rights. They are card regulations which are over & above legal rights. So cover certain situations laid out by Visa/Mastercard/Amex.

Only chargeback right would be if they said they would refund & gave a receipt inc, Date, amount & last 4 of card & then never provided the refund.

Questions, no problem 👍

Contract can be verbal.

MeteredOut

Arnold03 said:

MeteredOut said:

Has he asked for proof of the payment to the transport company?

He has sent it, but it looks like it could have been just done, I just didn’t see why he would pay for transport when no dates where agree or mentioned x 

Has he validated that the invoice is genuine, including the "strictly no refunds" policy they imposed on the caravan seller?

Penguin_

Having worked in the industry, the trader wouldn't have booked any transport in for a delivery date that doesn't exist yet, let alone paid the transport company.

Jumblebumble

MeteredOut said:

Arnold03 said:

MeteredOut said:

Has he asked for proof of the payment to the transport company?

He has sent it, but it looks like it could have been just done, I just didn’t see why he would pay for transport when no dates where agree or mentioned x 

Has he validated that the invoice is genuine, including the "strictly no refunds" policy they imposed on the caravan seller?

Could you share exactly how the OP is supposed to validate this.
Do consider that the transport company may very well  have a loose grasp of the concept of telling the truth if they are even willing to discuss the matter with a third party which would be likely be the quickest way of ensuring that the trader does not give them any further business.

MeteredOut

Jumblebumble said:

MeteredOut said:

Arnold03 said:

MeteredOut said:

Has he asked for proof of the payment to the transport company?

He has sent it, but it looks like it could have been just done, I just didn’t see why he would pay for transport when no dates where agree or mentioned x 

Has he validated that the invoice is genuine, including the "strictly no refunds" policy they imposed on the caravan seller?

Could you share exactly how the OP is supposed to validate this.
Do consider that the transport company may very well  have a loose grasp of the concept of telling the truth if they are even willing to discuss the matter with a third party which would be likely be the quickest way of ensuring that the trader does not give them any further business.

Phone the number of the invoice and see what they say. Check the company actually exists. Check the company number on companies house. See if the transport company has any connections with the seller. Check the transport companies website to see if they have a no cancellation policy. Get a friend to phone them and query about transport and ask what their cancellation policy is.

Do you have any helpful suggestions for the OP?

HillStreetBlues

I would be letting the seller know that this "invoice" will be investigated and if fake you will be reporting them for fraud.