Grolier sink to new lows!

[borobabe]

I am in dispute with Grolier Ltd regarding a cancelled account which they say I owe money on.

In a nutshell, I ordered books from them, some childrens tv characters ones, and I cancelled the order in Aug/Sept last year with everything up to date. They continued to send me books which I returned, and then started to hassle me for payment.

After much wrangling I have discovered that the amounts they are claiming for are books I didn't order. I have told them I did not order them, but they are saying I set up direct debit payments for them and made payments against these accounts before cancelling my direct debit agreement (which was when I cancelled the orders I had placed). Hope you are still following this.

Apparently what they have done is taken the direct debit agreements I DID set up and used those details to take payments from my bank for the books I didn't order. I kick myself now for not keeping a better control over what was going out and for what, but this has taken the biscuit!

 

Is this classed as theft? Do I have any comeback on them, where do I stand?

[BankFodder]

Send them an LBA. Set out your position in careful detail.

Give them 7 days.

Send them the good news

[Conniff]

Did you take the minimum amount of books as required by the contract?

[raydetinu]

Claim off the bank if they took payments after you cancelled DD. Bank should not of allowed transaction.

[poppynurse]

I think Conniff has raised the key point here - did you fulfill your committment to purchase x number of books.

[borobabe]

Did you take the minimum amount of books as required by the contract?

 

I must have missed something, I thought with Grolier you just continued to receive books on any series ordered until you cancel. Couldn't find any relevant information in their online terms and conditions either. Surely if I order set A and pay for it, then get sent set B and they take money without my approval this is illegal? I'm no expert but it certainly doesn't seem fair. Unless of course by me ordering set A it was assumed I would want and pay for set B too.

 

Anyway, we have around fifteen of the series we did order, at which point it was cancelled along with the direct debit. The payments for the series I didn't order were taken while the account was still active so I assumed they were for the set we ordered.

 

I just want to know what I should do really.

[IdaInFife]

with the children's tv books that have dvd's with them the is no minimum amount.

 

I had no problems cancelling, the only reason i cancelled as they started phoning me every day to ask if I wanted more books of different types.

 

Ida x

[borobabe]

I have more news and need some advice.

 

Today they have sent me a recorded conversation between my husband and their sales agent, where he agreed to them sending one of the sets of books out. I am concerned that they are allowed to add to my account on the say so of my husband, is this going to cause me a problem with the dispute? Is it right that someone else can order things on my behalf?

 

They have also sent a copy of the direct debit instruction, but this is for the sets of books I did actually order back in may 08 and they have clearly transferred that to all other books they have sent out to me, taking the sum of £38.86 for payment of these books.

 

I do not want to pay for books I did not order but am concerned that I will now have to get proper legal guidance on this. Can anyone on here help at all?

[raydetinu]

Just because they sent them, does not mean you have to pay for them! most of these books are sent on appro. if you dont want them ,send them back, also the DSR regs would apply so you could of cancelled within 7 days and it would have been up to them to pick them up. If anything comes unsolicited, agian just tell them you dont want them and they have pick them up. once you have ste up a dd on an account they attach legitimate costs to it; however if you have previously cancelled it with your bank they cant. they would have to get the money another way. if your bank has let it go through then they MUST return the money to your account. I have done this a few times, latterly with 02 who kept taking the wrong ammounts, so cancelled DD with bank, they did try, but bank just put it bank a few days later, now I pay on line each month and check the bill thoroughly first. To b fair to O2 they did repay all the extra they took about £80 quite quickly.

[borobabe]

I have been in touch with Consumer Direct who have told me that The Unsolicited Goods and Services Act 1971 does not apply to consumers, only businesses. I don't believe this to be correct, especially reading all the advice given on this forum, so I don't hold out much hope of them being able to help. What should I do? One set of books I can return as they are still in the box, but the other set my children have been reading so they are not in a good enough condition to return, and I also don't feel like I should when I didn't even ask them to send them?

 

I'm going round in circles here. Any ideas how to get it sorted?

[raydetinu]

They are obviously wrong see there own site.

Consumer Direct - Consumer Protection (Distance Selling) Regulations 2000 - Unsolicited Goods

 

Also

Unsolicited Items - BERR