WARNING and help?: Debenhams and daylight robbery /misselling protection

HillStreetBlues

sheramber said:

The company can also pursue the debt at any time in the next 6 years. 

Which in this type of case wouldn't win
https://www.gov.uk/government/publications/getting-consent-for-additional-charges-when-selling-online/getting-consent-for-additional-charges-when-selling-online

Getting express consent  

If you are offering optional extras linked to the main product you are selling, you should not charge for those extras by default. 

Consumers must have genuine choice over whether to pay for an extra product or service they may or may not wish to choose. You can’t use pre-ticked boxes or other forms of automatic opt-in for optional extras, if that means the customer will have to pay for them unless they take action to opt out. 

Optional extras can include things like: 

• insurance  

• express delivery 

• making donations to charity  

You need to get your customer’s express consent for any additional payment – they must actively choose to make the payment.  

You must:  

• clearly explain any additional payments that consumers can choose to make 

• make sure that customers expressly consent to additional payments before they are charged 

• give customers a way to check and confirm what they are paying for 

A customer can’t provide express consent by: 

• not changing a default option, for example by not removing a tick from a pre-ticked box 

• opting out of an extra, for example if they are required to tick a box to avoid paying

Chutney1275

gov.uk/government/publications/getting-consent-for-additional-charges-when-selling-online/getting-consent-for-additional-charges-when-selling-online

"Example 5: A ticket website automatically adds ‘event cancellation insurance’ to a customer’s basket on the final payment screen. The insurance is optional, but the customer must select a box to indicate that they do not want it.

This is not allowed because adding something automatically to a basket is not express consent."

allotmentman55

I bought something today and had missed that delivery protection added, however the email confirming order has a link to cancel and refund the protection elelment. I haven't tried the link yet!

ellymoo

https://forums.moneysavingexpert.com/discussion/comment/81931977#Comment_81931977

why on earth not? I'd be hopping on that straightaway!

Luckiestgalalive

I made a purchase from Debenhams for fragrances. They stuck an extra £2.99 onto the charge which I know I didn’t authorise. I was incredibly annoyed as I’d gone out of my way to ensure my order exceeded the £30 required for free delivery. I immediately began bombarding them on Instagram and their customer service email. I was repeatedly told that the box requesting “delivery protection” had been checked and therefore I could not receive a refund. I requested a cancellation of the whole order (I was angry) and was suddenly met with silence. It was then I noticed another email from SEEL. SEEL are the supposed 3rd party “company” who mis sell the delivery protection. There was a link on the email to cancel within 24 hours which I clicked on. I initially was told I was too late, so I began emailing them. End result, I received my refund. A lot of work to save 3 quid but it was the principle. I’ll never buy from this unscrupulous company again! How many thousands of people walk blindly into this scam? They’re selling you cover for something you’re already covered for by your consumer rights and they’re doing it in a very unscrupulous way. I’ll probably report them to trading standards as well as it is illegal to add a charge without complete transparency.

BethRobinson

https://forums.moneysavingexpert.com/discussion/comment/81992182#Comment_81992182

Are you ok now after all that?