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Found 16 results

  1. Hi all Firstly I'm going to apologise for not making a proper introduction post, however I will eventually get around to it. I was just wondering if anybody can clarify if Fast Track collection orders (where payment is made online before visiting the store) are covered by the Consumer Contracts regulations (formerly distance selling regulations)?
  2. Hi, I ordered two single beds/mattresses from Ikea which were delivered a week ago. After setting up a bed and mattress, we decided they would not be suitable for us and completed a cancellation form with Ikea within 7 days of delivery. They have advised me that they will refund the bed bases but only provide store credit for mattresses as they have been opened! They were opened to inspect and also to check that there were no undue smells, which can be associated with memory foam. The mattresses are unused, there is nothing in their terms and conditions to state that if opened they would not refund, nor in any of there pre sale advice. We would never purchase anything online without the opportunity to inspect and return for full refund if necessary, so we feel we have been misled here. The only reference I can find that may possible apply is an exception under the new consumer contracts regs with regard to items "received sealed for health protection or hygiene reasons once unsealed" I cannot think that would apply in our circumstances, we have the right to inspect as in a shop and they are unused, also they did not advise us anywhere that we would lose any rights should we open them! I have emailed twice so far and they have refused to budge in their stance so any advice on this matter would be very much appreciated, Thanks Derek
  3. Hi all, it's been a while since I last posted here, but have a bit of a question that I hope someone may be able to help with. My girlfriend has recently renewed her car insurance, although her existing insurance does not lapse until the 1st of Feb (a few days a way yet). The insurance she has just payed for is not due to become active until the old insurance lapses. Basically she has paid for her renewal early. Unfortunately her car has developed a major fault, so she now wants to cancel the policy before it actually begins. She had phoned her insurance company on the 25th and dealt with someone on the phone who took payment on her debit card. She has since phoned to cancel and has been told that she will not get a full refund. They want to charge a fee for legal cover, a fee for making a change to the policy etc etc. I suggested to her that she politely end the call and to say she would look into it and get back in touch with them, which she then did. I was of the understanding that under Distance Selling Regulations, any purchase made on the internet or over the phone that was not a "custom" order must be refunded in full within a 14 cooling off period. I would understand if the policy had already come into force, but it hasn't. Does anyone have any views, experience or advice surrounding such an issue? Many thanks in advance, Loaf..
  4. Hi all, Hope someone can help and I will be sure to come back and update once this is resolved! 6th November - I called EE to upgrade my mobile phone on the . Whilst on the call the rep offered Broadband, checked my current speed with Sky, claimed i was only getting 1mb etc and sold me BB at the same time. I obviously jumped at the chance of having up to 14mb speeds. 8th November - I received my mobile phone on the and email confirming BB was on it's way 12th November - another email confirming BB is on it's way and it would go live on the 19th Nov 16th November - received EE Bright box for BB 19th November - Broadband activated The service is diabolical! They kept telling me over the phone that they need 10 days and the the service would be up and down during that time. It's never up, it's pretty unusable. I'm having to connect my mac to my phone to otherwise I websites don't load at all. After serveral tech calls and a weekend of no internet. I asked many times if they don't get this working can I cancel without penalty. I was told yes. I decided to cancel 23rd November - call to cancel. Told I have to pay £122 penalty charge under the Distance Selling rules. I said that I only went live 5 days ago and didn't receive equipment until 12 days later. Is this how the Distance Selling Regs work? From date of call? Is there any way I can stop EE from taking the money from my bank as I think they will try. Any help/advice much appreciated
  5. I ordered a hard drive from DABS computer supplies and it has yet to turn up after over a week. I contacted them via there email and they want me to contact my local post office depot since sent by Royal Mail. I looked up the number and is an 0844 which would have to pay to call since not covered by my phone contract. I explained this to them but they insist I have to call them. Is it my responsibility to do so or there's as the seller? (also I do not drive so cannot easily get to the depot)
  6. A couple of queries regarding DSR and how they apply to broadband/tv packages. We have recently moved house and as a result had to change provider. 1. Does DSR apply to broadband/tv packages ordered over the phone? 2. Would the 14 day rejection period start from order date or from installation date? Many thanks for any advise.
  7. We purchased a TV wall bracket off Amazon and on opening the box found the item to be damaged. Through Amazon we raised an issue and got notification that a refund would be due when the item was returned. We posted back the item at a cost of £6.70 to us. My card has been refunded, but despite providing proof of postage, the company is refusing to refund the postage costs as per their T & Cs. I was not aware that their T & Cs could over ride the Distance selling Regulations as the goods were damaged. I am not that familiar with requesting refunds through Amazon so can someone please steer me in the correct direction to raise a dispute using Amazon? Thanks.
  8. It's been announced that from June 2014, companies will no longer be allowed to use expensive 084 and 087 numbers when customers call them. Instead, consumers will only pay the same rate they would to call a standard landline number. Other changes announced are also good news for consumers. The DSR are being 'upgraded' to allow 14 days instead of 7 for you to inspect and return goods. And to top it all off, online stores will no longer be allowed to pre-tick boxes for additional products such as insurance or 'add-on' goods. On the flipside, there are changes to refunds under the DSR. Retailers now no longer have to provide a refund until they receive the goods back. The exception to this though is if the consumer provides proof of postage, at which point the retailer must process the refund regardless of them receiving the goods back or not. A slightly 'dangerous' addition is also that retailers can deduct from a refund if they deem that a returned product has been used. http://www.bbc.co.uk/news/business-25355758 Overall, a good benefit to consumers, but there are some things to watch out for when returning goods under the DSRs
  9. Hi guys, I have bought a fridge freezer and it's noisy. I left it for a couple of days to see if it would get quiter but it hasn't. My wife called the company that we bought it from and was diverted to Hotpoint technical team who have arranged an engineer visit. Unfortunately the visit from the engineer will be on the 8th day since we received the item ....would this mean we cannot use the DSR to return the item? I have called the company I bought it from who advised we wait to see what the engineer says and they will call me the following day (which will be the 9th day since we received the fridge freezer). Im concerned they're just fobbing me off in order that I'll pass the 7day cooling off period and then wont have any rights, or would the fact that I have logged my concerns within 7 days still give me the right to return? Should I just email them formally requesting to return the item under the DSR so at least I'm covered? Advice would be greatly appreciated Thanks
  10. Some advice please before I take this any further. I ordered an item from Very which was not suitable and returned the next day. I now notice a charge for delivery which Very say is not refundable if I am merely returning items as not being suitable. I have an email from Very making this quite clear. I was under the impression that ALL charges were refundable under DSR. Am I correct please?
  11. Hi, I received some dog clippers last week, Tuesday 23rd will be the 7th working day after receiving the goods. How do I stand if I have opened the packaging and it's not resealable? The packaging of one of the products in the order was the type that you have to cut right around the edge with scissors to open, really tough sealed plastic. On the website I bought them from they state: Does this mean I wouldn't be entitled to a refund on this part of the order because it's not in a resealable condition or only part refund? I'm worried because on their eBay listing (they sell on eBay too) they say they charge a 25% restocking fee if you change your mind! that could work out expensive. They do not state this anywhere on their website but still worried they'll only partially refund me once they get the goods back. I understand I am within my rights to cancel the order because I'm still within 7 working days and that I can have a refund on the clipper because it's unused but I am not sure how I stand with the opened packaging on set of attachment combs? seeing as I have had to destroy the sealed plastic package they came in.
  12. Hi, I bought some building supplies from an online merchant last month on a Friday, due for delivery on the following Monday. Over the weekend I decided I no longer needed them and rather than sign for them, I refused delivery. I emailed them after the weekend to let them know I was cancelling the order, and wanted a refund. Now they have turned around and said they will charge £80 as I refused to accept delivery. This was quite surprising as the original cost of delivery was only £35 anyway! Can they do that? I never signed for anything, gave written notice of my intent to cancel within seven working days and they have acknowledged that they have received the returned goods. The only thing in their terms and conditions says that if they have to arrange collection, they will charge £80, but the courier just sent them back as undelivered. Even then, compared to the original delivery cost, that seems rather excessive. Thanks in advance
  13. I sent an email to the CS department of the retailer I bought the contract from stating I wish to cancel as delivery took too long. They replied saying I needed to call some premium rate number to do so as for data protection they couldn't verify I was the account holder - yet they can by phone for some reason despite me using both email address and phone number to create the account. I refused and said my initial email will stand as my cancellation notice and now I receive a reply saying 7 days have passed so I cannot cancel anyway - delivery was June 1st and 7 working days later would be June 14th, not today the 8th? Can anyone advise me as to whether my dates are correct and whether my email request to cancel is sufficient?
  14. I am awaiting delivery of a contract phone and am wondering how DSR applies. Am I able to use the phone with my existing SIM card to test the device out? I understand if I use the SIM shipped with the order I am accepting the contract but just wondering how this applies when just using the phone and not the service.
  15. Hi All, Second post in as many days - sticking up for my consumer rights! In brief, I ordered an electrical car component, that turns out I don't actually now require. I emailed the online store asking to return (within 7 days of receiving) and was told as it was an electrical item they could not accept it back, and that this was standard practice within the motor trade. I did a bit of reading up on the DSR and could find no reference allowing a seller to refuse a refund on this basis. I then emailed them to this effect at which point they got a bit stroppy and basically said I could sent it back but would be charged a 15% re-stocking fee and would not get the original postage refunded. Again I replied saying I didn't think the DSR made no provision for re-stocking fees and the original postage should also be refunded. Not heard anything back from this though. What are my next steps? And have I interpreted things correctly from the DSR? (Happy to be told if I haven't!) I could let the whole thing go and just flog said item on eBay, but I'm not sure why I should have to. Thanks.
  16. Quick story: Bought a ASUS laptop last year for £700 from an online retailer. Out of the box all seems fine and shiny, notice something on the cover around the screen but not very noticeable; looked and felt like glue and dust residue from the protective film. On the second week I went on a business trip with the computer and during the trip someone noticed that the 'something' were very minute scratches and not glue/dust residue. The computer also started to act funny, so as soon as I got back home I called the retailer about both issues (the laptop acting funny and the scratches) who passed me onto their repair agent and the laptop was sent for repairs. The repair agent found an issue with the motherboard and that was covered by the manufacturer's warranty but the scratches were not. I discussed with the retailer but they insisted that I accepted and inspected the laptop in the 7 days given and if I did not spot the scratches then it is my problem. What I have done now: Since the retailer will not budge, I considered going to the small claims but instead I used Section 75 of the Consumers Protection Act with the credit card company I used. However, they have just replied back saying that no contract was broken...!?!?! What I believe the law is: Distance selling rules - I like the item and kept it after inspection period given, so no help here. But if the DSR period is over then the SOGA comes in to force. Sale of Goods Act - (1) The goods are 'faulty' and are not of satisfactory quality. (2) The fault was discovered and realised within the first month, in fact, only two and half weeks so well within the 6 year period. (3) I do not have to prove the fault was my doing as the goods were within 60 days - as I only wanted a repair. The scratches are very minute and hard to spot on the glossy frame and you need to be really close to it and tilting it at an angle to actually see it let alone notice it, therefore it was ignored in the first instance. I asked the repair agents for a report of the scratches who also mentioned that the scratches were not 'noticeable unless you are looking for them'. I wish to contact the credit card company once more before going to small claims, so I need help and practical advice. Please, please, please help me to find similar law cases, especially discovering faults after a time period.
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