Hidden VAT in online purchase

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82159184#Comment_82159184

Sorry, yes, I did see your earlier stuff about the fixed CPUTR tariff but OP seems to be asserting a direct correlation between the initially undisclosed extra cost and a right to a refund of this exact amount.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82159195#Comment_82159195

that was later on if it was blackmail, the CPR (as they are more commonly abbreviated to) has fixed remedies for low value (under £5k) transactions where the merchant was unfair.

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/82158834#Comment_82158834

You're demonstrating regulations for the first and last part of your argument but then making huge leaps in between based on how you think it should work.

First part - agree:

I was subjected to ‘drip pricing’ ie hidden mandatory charges that weren’t revealed to me from the start of the purchase. That’s illegal. The fact that the charges were VAT is irrelevant; they were illegally applied, according to the DMCC law. 

Middle part - leap

So the merchant can’t charge me & has to reimburse them. The goods themselves are fine, so Consumer Rights Act doesn’t apply. I don’t have to reject/return them - i just keep them for the original agreed price.

A charge being illegally applied does NOT mean it has to be refunded with no other changes. It may seem logical or something that should be, but that doesn't make it legally enforcible. The remedy could easily be that the transaction is reversed entirely ie refunded and goods returned in full.

Last part - agree IF the seller owes you £x then you can use S75; chargeback is different, unlikely to apply as you did get the final price before paying.

 I paid by credit card & the individual item (inc VAT) was over £100. So if retailer refuses to refund the hidden charge, I could use Section 75 to claim back. But as Martin recommends, I’ll try Chargeback first, which does also apply to credit as well as debit cards. 

What are you basing the middle bit on, eg any regulation or case law where a drip fed charge actually must be refunded regardless of the retailer's preference?

lincroft1710

But I’ve also made clear that if they don’t respond promptly to both, I will sadly have to report them to Trading Standards - for the future protection of other consumers.

You have to report them via CAB and TS will probably do absolutely nothing. They only tend to act when several customers have complained about the same business

highlander58

So…Lumea have now confirmed they do understand the issue - even if some here still don’t. They’ve refunded the hidden cost & confirmed they will change their website/T&Cs to comply with DMCC law on unfair/drip pricing. They’ve also thanked me for bringing it to their attention & handling it so constructively. Shame there's been such an absence of constructive comment here.
As long as future consumers are now protected - I’m happy. No need for me to do any more.