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Distance Selling Query
Comments
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Just to note a distance contract is defined as:
distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Whilst we never did figure out what the word "concluded" means, I don't believe there isn't anything to stop the consumer examining goods and still creating a distance sale, if you go to JL in store, browse TVs and then go home and order one on their website I don't see how that can't be a distance sale. Otherwise anyone who has ever stepped foot in a JL store couldn't create a distance contract with them.
Of course if you go to a dealer and examine a bike, talk about it, test drive it and whatnot that would be different (although the OP never having seen the bike makes this moot).
The dealer advertising on Autotrader is going to squash any argument about organised distance schemes.
Paid on CC means Section 75, official complaint with credit provider is easiest way, they can't process a chargeback AFAIK as change of mind doesn't fit within the parameters, whilst I'm sure the CC would prefer such they can't do so willy nilly because it suits them, they need to adhere to the requirements laid down by VISA or Mastercard.
In the game of chess you can never let your adversary see your pieces0 -
Thanks for this, my wording was clumsy and I agree that (1) whether it was a distance sale is established solely by the facts of the case and (2) the OP can't sign away his statutory rights.
I should have said that if the OP did confirm to the trader that he had examined the bike before buying that they will probably produce that in evidence, making establishing his claim less straightforward.
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Still waiting to hear back from TSB. I am wondering if they will try a chargeback on the grounds that i paid a deposit by telephone of £250.
The dealer then issued a further invoice (cancellation fee) of £250 and kept the money for this second invoice?
Therefore the money accepted by the dealer in his words was for an illegal invoice and not the original deposit?
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If the dealer is effectively saying that they've refunded the deposit but are recategorising the £250 as payment of a cancellation fee invoice then that puts you in a stronger position if there's no longer any debate about genuine downpayment deposit versus reservation fee and you're deemed to have paid a cancellation charge that's unequivocally unlawful under the CCRs…
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No chargeback for change of mind.
Non receipt of refund will require proof they have actually refunded (which they have said they won't.)
No chargeback that covers your consumer rights. even on a CC, so it would need to be a S75
Life in the slow lane1 -
I have just received the following text message from TSB:
Hello, we have credited your account with a temporary refund, this will show on your statement as DRS********. A dispute has been raised on your behalf and the merchant has 45 days to respond. If the merchant refunds you directly or provides evidence to dispute the claim, we will re-debit your account. We'll tell you when and why we need to re-debit before we do this.
(Now i am even more confused. It looks like TSB agree and have done a S75? but are contacting the dealer for clarification on what happened?)
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They've processed a chargeback. Wait and see if the dealer contests, if they do raise an official complaint with TSB and request they refund under Section 75.
In the game of chess you can never let your adversary see your pieces1 -
What have TSB done wrong? As above, it's still not clear to me what chargeback reason would apply here but given that OP simply completed a disputed transaction form, rather than explicitly making a s75 claim, then TSB effectively has the freedom to identify how best to deal with that, although it remains to be seen whether they'd need prompting to handle it as a s75 claim if chargeback fails.
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45 days is clear this is a chargeback, but like @eskbanker I'm confused just what chargeback they are doing.
Life in the slow lane0 -
I'm not sure they might have done anything wrong, personally I would just raise any Section 75 as a complaint, these regulated companies seem to move a bit faster when one does so 🙂
In the game of chess you can never let your adversary see your pieces0
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