Plea for Help Before I get Ripped Off

[H.A.K87]

I ordered SKY payonce for my mum from Dixons online on 27/09/07 and was told that i will receive my item in 5 working days,
and that it will be delivered via DHL they also sent me a parcel tracking number to track down my parcel on the DHL website
After nine days of watching my Item in the DHL Depot I contacted Dixons and was told that they will contact DHL and see what they can do
The next day I contacted Dixons them again and they said the same thing.
Dixons must have contacted DHL that's why my parcel status changed from being "Arrived At Depot"
to "Received from other delivery agent"
The next day i phoned Dixons again to see whats happening and put the pressure on the matter,
and so the status changed again to "In Transit"
Now i was satisfied thinking i would get my parcel
The next day the status changed to "Out for delivery" and this was on 11/10/07
I then call dixons after waiting up till 5 pm that day and they say the parcel has already been delivered
I was mesmerised, i told them that i have been home all day waiting for my parcel and nothing came
they also said that the parcel has been signed
Upon asking what the signature was i was told it said S***** I told them that nobody has a signature
S***** and i would be the one to sign and i do not have that surname! So it is impossible for them to get a signature like that.
Dixons also Denied to give me a copy of the signature saying they cannot get the signature form DHL. (is this true) ?
Dixons promised to look into it for me.
I then called the next day again and was told that they will send me another Item as a replacement.
The next day i phoned again and was told that they did not send me another item and would not either
I told them I was told I will get another, bt they ignored that ad said they cannot do anything without investigating.
I then claimed for a refund as i did not want to wait for their investigation as they already have taken my payment.
They noted that down and said they will look in to it.
I then sent a formal complaint to via email. (the thing is the people you talk to on the phone are the same people who deal with complaints)
I phoned five days of the week and was told the same thing that this situation was going under investigation.
I also had replies that they will send me anew one just to pacify me
last week I receive a call telling me they will send me a letter requesting a signature to confirm that i did not receive the parcel
here is it below:

Dear miss ....
Re: confirmation of non receipt
I am very sorry to learn that you have not received your order
and appreciate the frustration and inconvenience this has caused.
To enable us to carry our further investigations with DHL please can you complete the atached declaration form
and return within seven days in the envelope provided.

thanking you in advance for your co-operation in this matter.
yours sincerely
dixons direct

DECLARATION OF NON RECEIPT OF GOODS
please sign and print your name below to confirm that you have not taken delivery
of your order placed with Dixons Online. please return this form in the evolope
provided within seven days of receipt.
signature................
Print Name ...................
Date .................
Delivery Address ............
Postcode ....................
Please advise if you would like a refund or if you still require your order.
please delete one of the following-
Refund required / Order Required


they have given me seven days to sign and return it (01/11/07), i am worried they might fraudulently use my signature and claim the signatures match

Also i don't find it my responsibility if they failed to deliver my item, and i think that i deserve the right to be refunded or delievered
anotehr item straight away, for its been over a month now! (01/11/07)
what legal procedures can i take to put the pressure on them , and what other third party (non costly) help can i get
to make the Dixons produce results, in giving my money back?
any help will greatly be apreciated

[jowalshy]

have you tried contacting DHL yourself? The link below I think could possibly help you as you have the tracking number.

DHL: Contact DHL

You could always contact them yourself and ask them for a copy of the signed for sheet.

[H.A.K87]

I have sent an email to DHL as for whenever I phone I am on hold for more than half an hour and then cut... them so much for customer support

[jowalshy]

Have you asked Dixons what address they have on their record for delivery?

[gyzmo]

Use the distance selling regs and just cancel the order becasue they are in breach of it. You do not need to go through all that hassle. dixons are messing you about with complete disregard for the legislation.

[H.A.K87]

Originally Posted by gyzmo

Use the distance selling regs and just cancel the order becasue they are in breach of it. You do not need to go through all that hassle. dixons are messing you about with complete disregard for the legislation.

thanks for that
im assuming its this you were refering to:


3.35

Yes. Where the DSRs give consumers rights to cancel, this right is

unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.
3.36

Where goods are lost in transit from you to the consumer you will

need to either send new goods or offer the consumer a full refund,

including delivery charges. See paragraph 3.20 for more information.


The problem is it has now gone over 30 days, Do I still have the same rights?
It states that it must be withing 30 days. I know I must be eligable to cancel as they have lost the item.
can u suggest to me how I should use this law?
Shall I write to them stating these facts?
Shall I use a third party to help sort this out as i know i am in the right?

[H.A.K87]

Originally Posted by jowalshy

Have you asked Dixons what address they have on their record for delivery?

They say its the same
they managed to send me letters with the address

[Conniff]

As this is an ongoing dispute I don't think they will be able to hide behind the 30 days.

It is also up to them to prove you did not receive the parcel.

Tell them you want a copy of the name and address where it was signed for
.

[gyzmo]

The notice period hasn't even started yet because you have not received the goods! Here is the text (acknowledgement to Her Maj):

Cancellation period in the case of contracts for the supply of goods
11. - (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (5).

(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

(3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

(5) In the case of contracts for goods for delivery to third parties, paragraphs (2) to (4) shall apply as if the consumer had received the goods on the day on which they were received by the third party.

[H.A.K87]

But gyzmo I have not received the goods yet so section 11 does not apply to me does it?

section 3.16 states:

3.16

A contract must be carried out within the time limits agreed with the
consumer as stated in your terms and conditions. If no period has
been agreed, the statutory time limit is 30 days from the day after

the day the consumer sends the order to you.

So does it mean that i have already passed the 30 days of my contract, I hope I am wrong.

[gyzmo]

Sorry, but where are you getting this information from? there is no s. 3.16 in the regs (there are not even sections come to that - just regs but that is pedantry).

In terms of your last point, happily (in this case) you are wrong.

Read my last post again and look at the bits in red. You have not received the goods - you certainly will not have received the information referred to in those red bits (don't worry about it) - that means that the cancellation period has not even started (this is to allow you to inspect the goods to determine whether they conform to the contract).

With all due respect, I think you are reading something and misinterpreting it (unless you have dealings and knowledge of these areas, quite easy to do). You still have the right to cancel as they have not complied with the legislation, never mind their terms!

[H.A.K87]

Thanks gyzmo
I was getting my info from The Office Of Fair Traiding business guideHome shopping: Distance Selling Regulations

I see you are talking about Statutory Instrument 2000 No. 2334, The Consumer Protection (Distance Selling) Regulations 2000

So is it a good idea to write to Dixons again claiming a refund and quoting sections from the Consumer Protection (Distance Selling) Regulations 2000.

shall I direct my letter to the normal complaints office or someone higher in authority? ( I do not know anyone to direct it to in the higher position)

O btw im not learned in this field im only 19 still studiying at uni
thanks again for the help given

[gyzmo]

OK - you do need to write in - it does not have to be on any particular form so long as it is permement (so no phone calls!).

State that as they have not delivered the goods within time, and given the absence of any agreement otherwise, you are cancelling the contract as permitted by regulation 11 and expect to see a full refund within the timescale given.

They may try to fob you off - keep at them and report it to Consumer Direct.

[H.A.K87]

Originally Posted by gyzmo

... report it to Consumer Direct.

as in: www.direct.gov.uk ?

[Michael Browne]

See here:
Consumer Direct