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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Guide to the Distance Selling Regs and returns


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There still seems to be some confusion as to what the Distance Selling Regulations (DSR) cover, particularly in relation to returns which is what this guide focusses on. As such I thought a guide would be in order, but before going into that a warning. The most important part is towards the end, but to get a proper understanding, read the whole thing. Remember also that this only covers (for the time being) returns. I will in the future expand it to include other bits as well if necessary. Any comments / amendments / questions please let me know. This is off the top of my head so no specific regulations are used.

 

 

Background and rationale

 

The law implies certain terms into contracts for goods or services by way of legislation, such terms being, for example, that goods are of reasonable quality, as described and that services are carried out within a reasonable time and to a reasonable standard. If these terms are not complied with, remedies, such as repair, refund or replacement are available.

 

The law, however, does not protect from a bad bargain. So if you buy a TV that is too big for the shelf, or some furniture that does not match other furniture, then will be little if anything you can do.

 

When you are in a shop you can pick up items, examine them, measure them or whatever it is to determine whether the item is suitable for your needs. If it is not, you can simply choose not to purchase it.

 

But with distance selling, there is not that opportunity. You only have whatever description is given to you by the seller, be it specifications or a picture. You cannot however determine suitability of an item the way you can do when in a shop with the item in front of you.

 

Because of this, and due to the expansion of distance purchasing (mainly internet sales), the DSRs came into effect to give additional rights to consumers and addresses the imbalance caused by distance selling.

 

 

What the Regulations Do.

 

The primary purpose of DSR is to provide what is in effect a cooling off period when you buy goods or services. They also require sellers to provide certain information before and after purchases, and also provides for time limits, but these are a bit beyond the scope of this guide.

 

When you buy goods, you are given a certain time period (7 days, currently) to decide whether you want to keep them or not. It does not matter whether or not there is anything wrong with the item - it can be simply that you have changed your mind.

 

There are some exceptions to this "cooling off" period. These include, but are not limited to, periodicals, lottery tickets, fresh produce and personalised items for obvious reasons. The same applies for services - usually when the service has started.

 

Also, when returning an item under the cooling off period, the seller can make a charge to cover postage and packing.

 

 

Returning items - cooling off or breach of contract?

 

 

There is a difference between :

1. returning an item under the cooling off period and

2. returning an item that does not conform to the contract (e.g, it is misdescribed, not durable, breach of contract etc).

 

ANY item that is purchased and returned under 2 (above) is done so as a statutory right and as such the exclusions that normally apply (such as personalised items) do not apply to these. Remember, the exclusions only cover returns made under the cooling off period.

 

Further, when an item is returned under 2, THE SELLER, NOT YOU, PAYS THE COST OF RETURN.

 

If however the item is returned under the cooling off period, then the seller can make a REASONABLE charge ONLY IF it is specified in the contract.

 

 

To help things, here are a few examples.

 

Example 1. You order a bunch of roses but 2 days after getting them you decide you do not like roses after all.

You do not have any right of return. Flowers are exempt from the cooling off period.

 

Example 2. You order a bunch of roses but receive lilies.

Here you can return the item. Although it is exempt from the cooling off period, you are returning it due to a breach of contract and not because you have changed your mind. The seller cannot charge you for returning them.

 

 

Example 2. You order a blue table for your widescreen TV. I turns out to be too small.

Here you can cancel under the cooling off period and may have to pay postage.

If however the item is not as described (e.g, it was described as being 50" long but is only 40") then you can return it as a breach of contract and get a full refund. The seller must pay the postage.

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