Online Retailer Didnt Give Full Refund!

[S8NDS]

Hi, below is an email I wrote to online retailer Furniture In Fashion. They have not replied so I am thinking of taking them to a small claims court. Whats does everyone think...I havent really looked in the laws they are breaking so I was wondering if someone could kindly give me a head start?

 

It not the the fact that they have taken £10 - its the principle. I have wasted so much time and money trying to contact them. Thanks for your help.

 

Hello,

 

I am writing this email as this is your complaints procedure. I have also submitted a ticket complaint. I requested a refund for a product I ordered in Nov 2009. I have received my refund - however I am not happy that a £10 cancellation fee has been deducted - afterall I only cancelled because after waiting 2 months I had not received my order. There has also been poor customer service, the customer service number phone is always on BT answermachine. When I do manage to get through to someone I get promised that someone would call me back but no one ever does. Also I have an email from 23/11/09 informing me that my delivery would arrive in 10-15 days time - a delivery did not materialise and subsequently I was informed that a delivery would arrive on 23rd Decemeber 2009.

 

Still nothing arrived! This is not my fault that I have had to cancel my order. I have had no lighting except a lamp in my room for nearly 2 months. I would like a refund for the £10 that was deducted as I cancelled as your company has not met their own terms and conditions. I have since sent an email reply to the email address which informed me of the refund intially. I have not heard anything. I also rang many times and when I fianlly got through I left a message with one of your employees. She promised I would get a call back but I never received one. I am now using your complaints procedure to request my refund. If I do you do not respond satisfactorily within 7 days I will have no choice but to take this to a civil court to proove my point. You are breaking the sales of goods act 1979.

 

I look forward to hearing from you soon

[just_jue]

Hi, I think you should also look at the Distant Selling Regulations, I am prettry sure that they should keep any of your money.

 

Good Luck

 

JJ

[perplexity]

If you cancel a distance contract the relevant legislation is indeed The Distance Selling Regulations according to which

 

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

 

14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

Statutory Instrument 2000 No. 2334

 

A key point is whether or not the supplier informed the consumer that the right to cancel the contract exists, as is required by section 7 of the Regulations.

 

In so far as the effect of a supplier's practice is rather to persuade the average consumer that the right to a full refund does not exist, it could well be the more effective tactic is to threaten a criminal prosecution under the Consumer Protection from Unfair Trading Regulations 2008.

 

The Consumer Protection from Unfair Trading Regulations 2008 No. 1277

 

The legislation is relatively recent, so it is not so unusual if a supplier is not yet aware of the possibility.