We have found a car that we have been looking for and noticed one at a major dealer 420 miles away. Called the dealer and asked if i could get a video of the car and also asked if they offered a delivery service but they said that i would need to visit the delaership in person due to the distance selling regulations. I have previously bought bikes blind and turned out fine with no problems. Some might say Im crazy buying something that ive not seen but im happy to do this with a major dealer and take the risk and the car is only 2 moths old. So is this just down to individual dealers not willing to sell to someone who cant physically get to their showroom or is this the way things work now? I bought a bike from a dealer around 3 years ago who sent me a video, pointed out and chips etc and i emailed stating i was happy to proceed. Thanks

Hi, Apologies if this is a silly question but my wife and I are thinking about buying a sofa and like the idea of buying online because of the distance selling rights of being able to send it back if it turns out to be unsuitable. Please can I ask if buying in store and then having the goods delivered is classed as distance selling or am I really embarrassing myself here?

Very little point posting anything in the Black Hole area of CAG. In the old days there would be hundreds of Caggers on here every night until the early morning, doing what they could for others and everyone congratulating successes and encouraging others. Those days are long gone, the brave, clever, self taught legal rottweillers who humbled the biggest banks in Britain, wiped the floor with slimy DCAs and helped thousands out of debt all now cast to the wind. Makes me so sad to see this place now, with just a handful of members logged on along with hundreds of guests desperate for the small piece of information which will give a little hope.

Hi, couldn't find an answer to this but apologies if this has been covered before.. I am the owner of a small business and I have purchased an item from a well known online retailer. I wish to return the item I have purchased due to it not being as advertised. they have told me that because I have purchased this for a business that the distance selling rules where the consumer is entitled to a cooling off period do not apply and I am not entitled to return this product for a refund. is this correct? Thanks C22

I recently purchased a 1972 series 3 Landrover from Classic Land Rovers and 4x4s - John Brown 4x4 Ltd - John Brown 4x4 I paid strong money £7500 plus deliver because I believed I was buying a good LR from a professional garage. Looked great on their website and the blurb sounded good. I did not go to view it ( lack of time ) silly me. This was the description, For sale, Land Rover® Series 3 in Light Pastel Green (1972) MOT until April 2015 and tax exempt. Diesel 2286cc. This vehicle has been in the same ownership for 10 years, and was well loved. It has a comprehensive history file, with old MOTs going back 20 years, which suggest that the 33,000 miles is genuine.. ..in 1995 the mileage was 14,000, and the history shows light use year on year.. ..and this makes sense because the diesel engine sounds incredibly fit, and starts with consumate ease. In fact, this lovely Series 3 was driven up from Buckinghamshire! In addition to being tax exempt and having low miles on the clock, there are lots more goodies besides - it has parabolic springs and procomp shocks, free wheeling hubs, overdrive, and a superb (working) Capstan winch. ...this is a real plus, as they are known to be incredibly robust and strong, as they run directly off the engine. They are also sought after and therefore valuable! Finished in Light Pastel Green, the bodywork, as can be seen in the photos, is good. The interior is fitted with rear twin bench seats, and the side windows make it ideal for all the family. This is a pretty, vintage Land Rover®, benefitting from tax exemption, low mileage, and coupled with that winch, plus extras as listed, makes it quite desirable. When the LR arrived I could see it was not originally green it was blue as blue paint could still be scene in places ;-( I looked over the MOT's and noticed 4 years of MOT"S the mileage had not changed this raised suspicions. I tracked down the previous previous owner to ask about the lack of milage and MOT's he confirmed the millage was about 20k out as the speedo had not worked for a number of years. My issue is I am not a trader and have worked out the mileage was not correct. Johnbrown4x4 stated "with old MOTs going back 20 years, which suggest that the 33,000 miles is genuine" Clearly this is not the case. I decided to take the LR to a local LR no-nonsense garage and get them to look it over for me. Please watch this video. http://youtu.be/33lqoV8bAaA I think the video is rather damming given that johnbrown4x4 state that Finally, our in house inspection is far more thorough than an MOT, and we often undertake repairs to vehicles which have been deemed satisfactory by VOSA. As an example, just this week a vehicle came into the unit, having covered 4 miles since the last MOT. Our inspection diagnosed two loose wheel bearings, a loose swivel housing, and more worryingly, a badly worn ball joint, which seriously affected the safety of the steering. Because we are experts, we know where to look for problems, and also have the ability to solve them. In buying from us, you have the added peace of mind that not only has the vehicle had a VOSA inspection, it's had a John Brown 4x4 inspection” What a lot of rubbish. The LR was originally advertised for £7950 big money I offered them £7250 which they accepted but sent me this email "Trade sale (£800 discount on asking price) with no warranty implied or given" I am not a trader and understand that there was no warrantee however I do not think that the LR is fit for purpose given what the specialist has told me. I have asked JohnBrown4X4 for a refund and this is the response to my complaint Thank you for your call. The vehicle was sold with a current MOT until April 2015. The winch works perfectly. T he mileage was only suggested to be genuine as we did not have a complete history on it. It's impossible to gauge the time left on a clutch without removing the gearbox. There is not a Landrover in the land that doesn't leak oil from somewhere. There's bound to be improvements that can be made to an unrestored vehicle that's over 40 years old. The valuation of your garage is ridiculous. We are consulted nationally on setting valuations in National magazines. The vehicle was supplied under your direction as a trade sale at a trade price with no warranty implied or given. Thanks What steps next. I will be getting an AA/ RAC report then submitting this with an application to the small claims court. I shall make sure I post this in as many places as possible so to warn others. Oddly under there sold section the LR I have been sold has been removed.

Hi, Firstly, sorry if this is the wrong section. I wasn't sure if it should go in the retail forum or not. Earlier this year I (an individual) entered into an agreement with a company whereby I rent a web server from them. At the time of entering the agreement the Distance Selling Regulations (2000) were still in force. There was no minimum term to this contract, and there's no obligation for me to renew at the end of each renewal period. I make manual renewal payments each month by logging into their website, and clicking 'Renew' next to the relevant service. The expiry date of the service is listed next to the 'Renew' button and the subsequent page allows for the selection of the renewal duration (1 month, 3 months, etc). If I want to cancel a server, I do not need to contact the company. Non-payment/non-renewal is considered cancellation. An administrative mishap last month led to their systems automatically deleting one of my servers which involves wiping its hard disks to the point where data recovery is impossible. This deletion has caused inconvenience and loss of data. I still have one server with them, but I am no longer able to trust them, and am worried the same mistake may occur with this server this month. I've therefore moved all data from it to another provider. Their current contract is still worded pursuant to DSR and allows a customer to cancel within 7 days without giving reason. I contacted the company informing them that I wish to use my right under the Consumer Contracts Regulations (2013) to cancel the server, and expect a pro-rated refund for the time remaining in this renewal period. They replied stated they did not believe my rights under CCR reply as I am on a "rolling monthly contract". However, it's my contention that every time I manually renew the server, a new contract is formed (for the duration of the renewal period I select) along with all the rights and protections afforded by the CCR. What do you think? Am I within my rights to cancel this renewal? Thanks

Hi all, I bought a pair of trainers off Sole Heaven via their online store with a discount code through my debit card on paypal. However I would like to return them, I went to speak with the sales assistant via phone regarding processing the return to be referred to this on their website: "DISCOUNT CODES If you have used a discount code on your order all sales are final. We do not accept any exchange or refund on items relating to that order. Please refer to specific terms relating to each individual code." Is this definitely 100%? I ask because of distance selling regulations and things relating to that. If it is right I will let it go and will sell them via ebay, however this is the first time i've come across a refund policy like this. Thanks in advance

So after reading previous threads regarding the company ICS I can see I am not the only one with a problem. I thought it was about time to start a new thread. I am currently in the process of what you could call a complaints battle with ICS. I signed up to do an English Literature A-level with them in January and have had many problems. I think they are unprofessional, unhelpful and definitely not worth the £400 I spent on my course. The problem I am currently having is trying to get my complaints answered to a satisfying degree. After a number of previous issues with them and my course which I tried to address and deal with (with very little help from them I might add) I have requested a full refund. They have told me I am not eligible for one as it is past the 10 days cancellation period. Although I understand their policies and reasons for having such a policy, they do not seem to understand that I am not attempting to cancel with them because I have suddenly had a change of heart, I am trying to get a refund based on the fact that due to their staff's incompetence and their inability to provide vital information with regards to the course I no longer feel confident enough to do my english a-level particularly not with them. I would really appreciate any support or advice anyone can offer with regards to this issue and how to proceed. I do not want to let this go as I have paid them almost £400 for services that they have not fulfilled. Thank you.

Last week I purchased a mobile phone case described as distressed leatherbut on receipt it was obviously just plastic. I informed the seller, who is a business seller, that I was returning the goods and required a full refund. The seller replied within minutes apologising and giving an address to return it to. I then received an email from ebay a few minutes later saying I had to return the item within the next 2 days by trackable post and that my money would be refunded on receipt of the item. I sent them an email by return reminding them of the DSR and that I would post it within a reasonable time frame as I have no access to a post office for 5 days and that the DSR quite clearly state that the seller does not have to await the return of the item before a refund should be made. Strangely ebay have not been so quick to reply to this email.

At last, the government have now finally decided on the distance that will be used to measure Enhanced mobility for PIP - it is agreed at 20 metres. This will once and for all weed out those that can walk the width of a football field yet are deemed so disabled that their mobility is seriously compromised and were awarded the highest rate of DLA mobility element. We are now going to see that only those that are truly the most disabled and vulnerable in society, mobility wise, being handed a free car. I can't wait to hear the screams and shouts from those part time walking stick owners and crutch wobblers that you hardly ever see the bottom of the stick/crutch touching the floor. Those that appear to be on their last leg one minute and yet are able to run around with their children the next. What fun we are going to have. As I have said before I will be the first in the queue to have my HRM & MRC taken off me when PIP goes national provided that the 10's of thousands of others do the same so that the money available in the PIP pot is directed only at those with the most serious of care needs and mobility issues. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251631/pip-mobility-consultation-government-response.pdf

This one is for a friend who purchased goods from the UK and had them delivered to an EU country. The goods are two safes, purchased over the phone, so description and transaction were carried out by phone. The safes arrived in good looking condition and have dial lock doors. When my friend tried to adjust the dial locks according to the instructions, they couldn't get them to work (on both). Another person in the company tried following the instructions to the letter and again they couldn't adjust the locks. One of the locks was also stuck. They got in touch with the retailer, over the phone at first and then by email. They forwarded me the email communications which are super clear, the retailer tells them that due to dial locks having issues on transport they sometimes need to dispatch an engineer to re-calibrate. This could be done in the UK but since they are outside the UK (within EU), the seller provided the contacts of a representative. My friend tried all contacts to no avail and none of them was reachable. They got in touch with the seller again to ask for a proposed solution and also expressed concerns over the reliability of the dial locks. The seller wrote on email that they "failed to inform them about this potential issue on transport prior to sale and therefore they would bear the costs of the return". Then my friend proposed to swap the dial lock doors with key lock doors which the seller accepted under no other condition. The doors were shipped back to the UK (paid by my friend but invoice was sent to the seller for a refund as agreed). As soon as the seller received the doors they swapped to key locks and shipped the different doors back. BUT they also replied by email supporting that the doors had no problem at all and that according to them it was the buyer's fault, therefore it would be unfair for them to pay for the return costs back to the UK. I am not familiar with distant sales but I understand that my friend can use both SOGA and EU directive for Distance Selling. 1.According to SOGA the description of the goods was not right, because two people could not operate the safe according to the instructions of the seller (intended to the average user), unless that falls under non-fit-for-purpose? (now the seller supports that two people are "stupid" and they couldn't operate perfectly working dial locks). 2. Then according to the distance sales directive from the EU, they failed to provide full information about the goods during/prior sale, which they admitted openly in writing, so they should bear the return costs. But even if the above was hard to justify,my friend followed the instructions agreed with the seller in good faith, in order to resolve the problem, and the seller changed their mind on an agreement they proposed themselves?! My friend put all the above points in a nice letter to the seller and received no response at all. I feel the seller has acted inappropriately. Your advice is most welcome:)

I bought a Nexus device from Google Play Store recently, but soon changed my mind and decided to cancel my order. I rang up the Google Play customer service to cancel my order, but they said it was not possible, and was told to refuse delivery instead to get a refund after 14 days - which I did. A refund of the £9.99 delivery charge wasn't mentioned so I queried whether this would be refunded, to which I was told it would not be refunded. Am I not entitled to a refund of the delivery charge as well, under the DSRs?

Hi all, I'm looking for a bit of help. My employer has asked me to work one day a week from a different site that I usually work at. The site is 200 miles from my home and takes approx 5 hours to reach (based on traffic for the time I need to get there) and 5 hours back home obviously. Once on site I need to work about 5 hours. This is scheduled to occur for 16 weeks. My contract states that I am required to travel to other sites from time to time. I am compensated for travelling there in my own vehicle (fuel costs, about 30p per mile). I say this is too much on one day. My employer has suggested I could travel to site the evening before to save too much driving, I say this affects my non-work commitments every week. I personally believe: - 10 hours travelling for 5 hours work is excessive - it could be a contravention of my contractual terms (it isn't time to time, it's 4 months) - My personal time would be affected and I have obligations to meet outside work that this would affect Does anyone have any thoughts on this from a legal point of view? Thanks

I have unsuccessfully challenged a parking ticket which relates to parking on the verge or pavement adjacent to a highway (with double yellow lines on it) and now await the 'notice to owner' to continue the challenge. I am aware of the rules (now they have been detailed) of the verge and pavement area being included in the road markings which are adjacent to such. However, how far doe this extend to? I parked on a paved area which; was not on the 5m wide grassed area immediately next to the road; nor the 5m wide footpath which ran alongside the grassed area; but on the next area (also paved) which was separated from the footpath by a raised kerb type edging. This means i parked 10m away from the highway - past the verge, past the footpath - does the rule still apply here and where does it then end. Would the rule apply 20m away? 30? 100?

Hi Caggers, Just a quick question. Can a mail order company ignore the provision of The Consumer Protection (Distance Selling) Regulations 2000 just because they have hidden in their T & C's that they can? I thought the right to a refund including delivery charges for goods was absolute

Say a company has a returns period of 30 days and will collect an item at their own expense. However they charge a 25% restocking fee. If something is returned after the first seven working days, but within the 30 days, are they allowed to charge the restocking fee? Thanks

In June we ordered a sim card only online from O2 and it came with a 12 month contract and got the email to say that a sim card will be sent within the next few days. Waited and nothing arrived so we assumed that we had failed the credit check for whatever reason but weren't too bothered about it. No DD was set up on our account either. At end of July we got an email to say that our bill was ready and that it was zero. No problem we thought. However at end of August we got another email stating that our bill was zero. I contacted O2 via their chat line and after being passed around from pillar to post got to some one who said that they would look into it. I told them that I wanted these emails to stop because as far as I was concerned I had not received the goods. They told me that if I wanted the contract terminated I needed to pay them £93! As I never received the card I told them that I had never activated it and that there was no usage. This seemed to go over their heads and they maintained that a termination fee was due! We were also advised that they activated the card when they sent it out? In essence if someone starts using the card, we would be liable? Seems crazy. We no longer wish to use O2 as we made alternative arrangements when we thought we had been rejected. Surely if I never received the goods at the very least DSR apply, never mind the fact that they never completed the contact in the first place. All I want them to do is to cancel the 'contract' and to stop billing us! Please advise as we went around in circles trying to get across to them that no sim card, no activation, no usage, no contract! Thanks.

I parked in the end space of a long line of bays in Highgate today. I was a bit surprised to find the space, and so I looked carefully for any notice that they might be restricted, but found none. There was a lamppost adjacent to the point I'd parked, and as there was no notice there, I assumed that it was in fact okay. Sure enough when I returned some hours later, I had a PCN (Code 12). I went in search of the notice, which I found fifteen cars along the street, and at a height of about 1m. This seems unreasonable. How far does one have to look for a notice? Is there any restriction on the distance that a notice can be for the governed space? I have photographs and a movie. Thanks for any advice. Paul