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Yeah its the dogs! ;)

Thanks I was hoping you would give me some facts that I can offer in response to this person who IMO needs to get his facts straight before he offers 'advice'.

I was just going to cut n paste the letter u did for me and see what he thinks of that!

Thanks again for all your help.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Personally I would wait until you have your refund and the item has been collected, then laugh :wink:

 

but that would be the child in me showing...

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Personally I would wait until you have your refund and the item has been collected, then laugh :wink:

 

but that would be the child in me showing...

 

Haha yeah you're right.

Isn't there something in the DSR's which says I can 'dispose of' the items after 21 days if they are not collected or would I have to keep them indefinitely?


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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You do have a duty to make sure they are safe.

But I wouldn't worry about that as they will be collected. No one in the right mind would leave an expensive item uncollected.

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I have a feeling he will dig his heels in and refuse to refund before the item is received for 'inspection'. It's shocking how many if these online retailers are unaware of their obligations.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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I have a feeling he will dig his heels in and refuse to refund before the item is received for 'inspection'. It's shocking how many if these online retailers are unaware of their obligations.

 

yes it is. Not to worry, providing they refund within 30days then all is ok. Inspection or not.

 

Im sure they won't be happy at the email but if they had not tried to circumvent their legal obligations then it would not have be necessary to remind them of them.

Edited by Nagasis

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Hi Nagasis hope you are well.

Today I received the following email which has been copied to a 'mark.smith@glasgow.gov.uk'

 

"

Dear Redletter,

I have taken advise from Glasgow trading standards and have cc this email to them as well. Trading standards have advised that we are being reasonable in our requests in returning the aquarium set

- As stated before the pallet was delivered to you on a pallet and due to health and safety reasons must be used in returning the aquarium set

-Two men are not an option for picking the aquarium set up, as the courier company does not provide such a service or have the resources

- We can only state the day between 8 am and 6pm for pick up for the aquarium set as we have no control over the courier company's pickup schedule.

We do not think this is being unreasonable as when you order the tank our delivery page clearly states it is only delivered to your door and not inside the house, and only one man delivered the aquarium set and you were not given a set time for delivery.

-Also as stated before the aquarium and delivery cost will fully be refunded once we have the aquarium set back.

As you stated before you can only accept a pickup a tuesday or thursday. Please inform us what day you would like the pick up as tomorrow would not be suffiecnt time to organise either thursday 25th october or tuesday 30 october?

Kind regards

J

 

What next?

Thanks.

 

Surely if they spoke to this person and he was from trading standards he would have advised them of their obligations under the DSR's and they wouldn't be still saying the goods have to go back before a refund will be given?

 

I can get access to a couple of pallets and a strapping/stapling machine from work but there is still the issue of lifting the items out of the back door of the conservatory and down 3 steps to the garden.

Do they expect me to leave the goods at the end of the drive unattended the night before or do they exepect my girlfriend to assist the driver!! Ridiculous!

 

Please can you advise me what to reply regarding my only obligation being to take reasonable care of the goods/ original packaging not required under DSR's etc?

 

Thanks

 

I should point out the shop is in Glasgow btw incase you're wondering why Glasgow.gov

 

How can they claim it was delivered to me on a pallet when the driver removed the boxes from the pallet as they were too heavy to lift off the wagon with the pallet attached!


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Ok .

I'm on phone so can't give a long reply.

However I would give a date they can collect, prob thurs now.

I would copy the ta in on the email too.

 

I would state clearly again that the item was not delivered on a pallet and is available to be collected as it was delivered. Going further I would point out that you find it difficult to believe that trading standards would provide them false information regarding your rights under the distance selling Regs and that they are required by law to provide a refund within 30 days.

Also state that if they feel one man can lift the item on to the van then fine but you will not be helping him under any circumstances for safety reasons.

I would also point out that you are disappointed that the company has failed in its legal obligations under the distance selling regs .

 

If you can get a pallet then fine, but I wouldn't wrap it as it will need wrapping after being loaded not before.

 

Either way, you still legally entitled to a full refund and the clock is ticking.

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Ok thanks appreciate it.

Can you just clarify a couple of things please.

 

They say the courier normally delivers to the address not inside the house. At the moment the boxes are in the conservatory.

To give you some idea of size the boxes are approx 3ft x 2ft x 2ft6"high and the aquarium probably weighs 50+kg on its own.

If they are saying the courier is meant to drop the items off then surely he must have the means to get them on WITH the pallets if I provide them?

What did you mean by "but I wouldn't wrap it as it will need wrapping after being loaded not before"

If I leave them in the conservatory on the day of collection, they will probably refuse to take them and I cant leave them outside the house so god knows what exactly they expect us to do!

 

Also is it worth copying and pasting all the email correspondence so this ts guy can see both sides of the story?


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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I meant if you wrap it on the pallet, how is one man going to lift a pallet weighing 50kg plus on to a van. He couldn't so will prob put the empty pallet on van first then the boxes on top.

 

However you can if you wish, put the box on the pallet and wrap it, take photo and email it to company. Then you would have done exactly as requested. How the driver gets it on van is not your problem.

 

You are in thurs so you can get it ready then and put outside.

 

Also is it worth copying and pasting all the email correspondence so this ts guy can see both sides of the story?

Yes.

I presume the company hadn't told ts the truth.

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I'm not here Thursday, or any day for that matter I work nationwide to a random schedule so it would be my girlfriend who will be here but she cant assist.

All I can do is tell them if they can't send 2 blokes or help lift them out of the house then they will have to come on a Saturday when I am available to remove them from the house before they arrive as I work through the week and leave early mornings.

They cannot expect me to lift the boxes out of the house on my own either.

 

I will draft up an email. Would you be so kind as to look in and comment before I send it please?

Thanks.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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I personally would get up early , put boxes outside the door and let gf keep eye on them until collected. Your gf can't help as she is expecting isn't she?.

 

As you've given thurs as a pickup day you should keep to it.

 

I will draft up an email. Would you be so kind as to look in and comment before I send it please?

Thanks.

Yes no probs

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I personally would get up early , put boxes outside the door and let gf keep eye on them until collected. Your gf can't help as she is expecting isn't she?.

 

As you've given thurs as a pickup day you should keep to it.

 

Yes she is as a matter of fact but even if she wasn't she is not the strongest of people!

 

She cant do Thurs now so it'll have to be next Tues.

 

Thanks again


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Ok no probs. Don't forget in your reply state clearly the item was delivered to you in boxes and the driver kept the pallet on his van.

I suspect the company never told ts of this fact.

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"Dear Julie,

Thank you for your email of today regarding the return of the faulty Aquareef 300.

As previously pointed out on more than one ocassion, the delivery driver did not deliver the items on a pallet, he delivered 2 boxes. Therefore, the courier company must still have the pallet and as such, I am obviously unable to return a pallet I do not have!

If the courier company cannot accomodate your requirement to send two men for a delivery of that size and weight I strongly suggest that you use an alternative courier company, as each of the two boxes are clearly marked as "in excess of 25kg-2man lift". The package was not in fact delivered successfully by one man as it required the assistance of myself and my colleague to remove the boxes from the vehicle. Had we not been there I doubt very much he would have been able to remove the boxes either with or without a pallet in the first place!

I do not believe I am being unreasonable in requesting that the driver has assistance. If you require the boxes to be at kerbside then I cannot possibly be expected to leave the boxes outside the property as I would be in breach of my duty to 'take reasonable care' of the items until collected. The alternative to that is that I leave the boxes inside the property and that someone is available to remove them from the property as my girlfriend is the only person available to give access on the day of collection as I will be working. I therefore believe that your request to repackage the boxes exactly as received is not only unreasonable but that you are misleading me as to the requirements of the Distance Selling Regulations 2000.

 

With regard to the Distance Selling Regulations (DSR's), I find it difficult to believe that Trading Standards would provide you with false information regarding my rights under the DSR's. You are required by law to provide a refund within 30 days regardless of whether the goods have been collected or indeed the condition of the goods or packaging.

 

I note that you have copied your email to the Trading Standards advisor, so for the avoidance of doubt I have also copied him in and attached copies of our previous correspondence in order that he may see the bigger picture and my reasonable request(s) for you to comply with consumer law. He will then also be able to advise you of your obligations under the DSR's, and as such to refund as soon as possible, and not to claim that the refund is dependant upon the return of the goods.

 

 

The boxes will be available for collection from the property on Tuesday 30th October. I may be able to obtain a couple of used pallets from work and strap the boxes individually to each pallet but we do not have any large enough to accomodate both boxes.

 

I would advise that if they require wrapping, you ask the courier to bring such wrapping with them upon collection.

 

I trust this is satisfactory and await confirmation of the collection date.

 

Kind Regards,

Redletter."

 

(Attached word document of email correspondence)

 

Please advise.

 

Thanks,

Red.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Excellent.

 

This shows you are being more than reasonable.

I can't think of any more to add to that.

 

It is disappointing that yet again a retailer is unaware of their obligations. These companies should be made to under go compulsive training before being allowed to do business.

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Excellent.

 

This shows you are being more than reasonable.

I can't think of any more to add to that.

 

It is disappointing that yet again a retailer is unaware of their obligations. These companies should be made to under go compulsive training before being allowed to do business.

 

Ah thanks I'm pleased you approve :)

 

Yes I was just saying to my girlfriend that it really annoys me how these people make out they are doing you a favour by agreeing to take things back on their terms!

Maybe I should also attach the link to the BBC news bulletin regarding online traders like I did with my previous problem?

 

Thanks again for you time/advice.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Ah thanks I'm pleased you approve :)

 

Yes I was just saying to my girlfriend that it really annoys me how these people make out they are doing you a favour by agreeing to take things back on their terms!

Maybe I should also attach the link to the BBC news bulletin regarding online traders like I did with my previous problem?

 

Thanks again for you time/advice.

 

Yes do that. Why not.

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Done!

 

Thanks.:-D

 

Just received this today.

As stated previously no-one is available Thursday and I'm not happy about this claim that they will hold me responsible for ANY additional costs.

I think I need a bit of help here please?

Who do they think this Mr Smith is?lol

....

Dear Mr. Redletter

(shop name) have no issues with you sending the correspondence to Mr.Smith as we have made him aware of all circumstances including in one email stating the driver took the pallet away and another stating the aquarium set was not delivered on a pallet? I also made Mr Smith aware that you were returning the aquarium set as faulty/ not satisfactory and that we intend to resell the aquarium once it is back in our possession and the manufacture has also seen your email and is of the same mind as ourselves. We have not argue the reason for return as previous stated you get 14 days to return the aquarium and we're happy to refund the purchase price , delivery cost and return cost. Mr Smith has also been made aware a delivery page states the aquarium is delivered to your address and not inside your house and that you were there for delivery even though it was during a weekday.

You keep stating the aquarium is over 25kg and need two men to lift it ALL large aquariums are over 25 kgs, this in part is one reason the aquarium is delivered on a pallet as it can be transported without injury or damage to the aquarium this along with the chance of the aquarium breaking is why courier insist on pallets.

We have tried to accommodate days that suit you but have stated many times now we can not control courier services.

As for your refund it was Mr Smith that suggested adding the aquarium set would be refunded once the aquarium was received back to us, The issue of refund has never been an issue for us as we have stated many times we are happy to refund it and believe this matter should be well resolved way before 30 days comes near and in fact it is only you who is delaying matters and not ourselves. You are correct that you must have a duty of reasonable care for caring for the aquarium set until it is return to us. By not re packaging the aquarium in the way we have reasonably asked for would invalidate this.

However Mr Smith will not be able to answer you concerns of his advice to ourselves until the end of the week as he informed me yesterday he was out of the office until then, but as you have made it quite clear you are not willing to help with the safe return of the aquarium to our store we have manged to get someone who lives down in your direction to pic up the aquarium this Thursday 25 October before 12:30pm and upon Mr Smiths return we will be taking advise with Mr.Smith about who will be responsible for the extra charges involved in the collecting the aquarium set.

 

Regards

Julie

 

Maybe I should threaten to seek compensation for time off work to sort this out!

 

Do you think something is getting lost in translation to Glaswegian!

Pallet still on lorry = pallet NOT delivered.

 

Just received this today.

As stated previously no-one is available Thursday and I'm not happy about this claim that they will hold me responsible for ANY additional costs.

I think I need a bit of help here please?

Who do they think this Mr Smith is?lol

....

Dear Mr. Redletter

(shop name) have no issues with you sending the correspondence to Mr.Smith as we have made him aware of all circumstances including in one email stating the driver took the pallet away and another stating the aquarium set was not delivered on a pallet? (DRIVER TAKES PALLET AWAY = GOODS NOT DELIVERED ON PALLET!)I also made Mr Smith aware that you were returning the aquarium set as faulty/ not satisfactory and that we intend to resell the aquarium once it is back in our possession(KNOWINGLEY SELLING FAULTY GOODS?) and the manufacture has also seen your email and is of the same mind as ourselves (?). We have not argue the reason for return as previous stated you get 14 days to return the aquarium(NOT TRUE!) and we're happy to(HAVE TO!) refund the purchase price , delivery cost and return cost. Mr Smith has also been made aware a delivery page states the aquarium is delivered to your address and not inside your house and that you were there for delivery even though it was during a weekday.(WE ARE TALKING ABOUT COLLECTION NOT DELIVERY. I RECEIVED NO WRITTEN T&C's THEREFORE NOT MY RESPONSIBILITY)

You keep stating the aquarium is over 25kg and need two men to lift it ALL large aquariums are over 25 kgs, this in part is one reason the aquarium is delivered on a pallet as it can be transported without injury or damage to the aquarium this along with the chance of the aquarium breaking is why courier insist on pallets.(SO TELL THEM TO BRING THE PALLET BACK!)

We have tried to accommodate days that suit you but have stated many times now we can not control courier services.

As for your refund it was Mr Smith that suggested adding the aquarium set would be refunded once the aquarium was received back to us (WELL THEN HE HAS GIVEN ADVICE WHICH IS CONTRARY TO LAW!), The issue of refund has never been an issue for us (GOOD BECAUSE I AM LEGALLY ENTITLED TO ONE!)as we have stated many times we are happy to refund it and believe this matter should be well resolved way before 30 days comes near and in fact it is only you who is delaying matters and not ourselves.(NO I'M NOT I HAVE TOLD YOU TO COLLECT IT TUESDAY!) You are correct that you must have a duty of reasonable care for caring for the aquarium set until it is return to us. By not re packaging the aquarium in the way we have reasonably asked for would invalidate this.(NO IT WOULDN'T THE DSR's STATE THAT IT DOES NOT HAVE TO BE RETURNED IN ORIGINAL PACKAGING NOR IS THE REFUND DEPENDANT ON THIS)

However Mr Smith will not be able to answer you concerns of his advice to ourselves until the end of the week as he informed me yesterday he was out of the office until then, but as you have made it quite clear you are not willing to help with the safe return of the aquarium to our store(WHEN DID I SAY THIS?) we have manged to get someone who lives down in your direction to pic up the aquarium this Thursday 25 October before 12:30pm (NO_ONE IN THIS THURSDAY MADE PLANS NOW) and upon Mr Smiths return we will be taking advise with Mr.Smith about who will be responsible for the extra charges involved in the collecting the aquarium set.NOT ME!

 

Regards

Julie

 

 

 

 

????

 

Dear Julie,

In the abscence of Mr Smith I suggest you take advice from a solicitor who will be familiar with the Distance Selling Regulations 2000, which you have so far chosen to ignore.

 

I am hardly going to allow Mr A Nonymous to take away the aquarium set for which I will then have no proof of return!

 

I said in yesterdays email that I would try and get pallets from work and they could send the courier anytime on Tuesday!

 

If I do allow this person to collect on behalf of the supplier then the goods won't be insured will they? And what if they break it on return journey? It's a long way to Glasgow from Yorkshirelink3.gif!

 

I have drafted this response:

 

"Dear supplier,

Thank you for your email of today.

Please be advised despite your reference to your '14 days no quibble return policy', that my cancellation request is under the Distance Selling Regulations 2000, as previously stated.

These are my statutory rights and as such can not be over-ruled by your terms and conditions. Your 14 days policy is in addition to my statutory rights.

Please find attached link to the Office of Fair Trading guide for business on Distance Selling which clearly outlines your obligations.

Please pay particular attention to the section entitled 'Cancellation Rights (Regulation 10)', also 'Refunds (Regulation 14)' on page 25, and the section entitled 'Return of goods following cancellation (Regulation 17)' on page 27.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

As you can see paragraph 3.46 states a full refund must be given (quote):"As soon as possible after the consumer cancels, and in any case

within 30 days at the latest. You must refund the consumer’s money

even if you have not yet collected the goods or had them returned to

you by the consumer. You cannot insist on the goods being received

by you before you make a refund. See also paragraph 3.64."

 

Please also see (quote):

PAGE 28

Can I insist that consumers who cancel an order within the

cancellation period return the goods as new or in their

original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods

while in their possession as discussed in paragraph 3.44. The DSRs

allow consumers to examine goods they have ordered as they would

in a shop. If that requires opening the packaging and trying out the

goods then they have not breached their duty to take reasonable

care of the goods. In these circumstances you cannot insist that

consumers return the goods as new or in their original packaging.

You may ask consumers to return goods with the original packaging,

but you cannot insist on this.

 

As previously stated the driver of the vehicle did not leave the pallet and in any case I am not responsible for obtaining a pallet nor am I obliged to return the goods as new or in their original packaging. (See paragraph 3.58 above).

 

There will be no-one available at the address on Thursday 25th October as they have made plans and this is why I have indicated that the goods will be available for collection on Tuesday 30th October between 08:00 and 16:00. Should you choose to arrange for your representative to collect the goods, I will not be held responsible for their safe transit. My liability will end on collection of the goods and I will not release the goods without some form of written confirmation that they were received in good order. I will also not be held liable for ANY costs involved in collection of the goods however collected. You do not have the right to deduct any money from my refund.

 

I trust this clarifies my position and I await a refund within 30 days of my initial cancellation request of 15/10/2012, as is your obligation in law as can be seen from the above OFT guides.

As for 'Mr Smith' I suggest if he is not available you contact a professional legal advisor or a solicitor who will confirm the requirements of the Distance Selling Regulations.

Thank you,

Kind Regards,

Redletter."

 

Comments/advice appreciated. Thanks.

 

They just don't get it do they.

 

That letter is fine. They argue all they like but the clock is still ticking for your refund.

 

They have admitted they have no choice but to refund.

 

Remind me never to buy a fish tank from Glasgow.

 

Thanks.

They can't charge me for asking someone else to drop by for it can they? Furthermore is it unreasonable of me to say they can't take it without signing something.

How do I ensure what they sign is going to cover me?

 

Who do you reckon mr smith is?

Surely

If he was trading standards it would say so in the email addy?

What is 'Glasgow.gov.uk'

Sounds like local government offices to me.

Also if he is away surely

Some1 else would deal with it!

 

????

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They can't charge you anything for the return. Not even if they used concorde.

 

You have everyright to request a receipt from the courier.

Don't forget the item is being sent back as faulty so they expect it back with faults. It doesn't affect your refund.

To be honest i wouldn't worry about Mr smith.

The retailer knows their obligations and is trying to delay.

You will get your full refund... And within 30 days.

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Thanks again

 

Hi,

I adapted it slightly and sent this....

 

Thank you for your email of today.

Please be advised despite your reference to your '14 days no quibble return policy', that my cancellation request is under the Distance Selling Regulations 2000, as previously stated.

These are my statutory rights and as such can not be over-ruled by your terms and conditions. Your 14 days policy is in addition to my statutory rights.

Please find attached link to the Office of Fair Trading guide for business on Distance Selling which clearly outlines your obligations.

Please pay particular attention to the section entitled 'Cancellation Rights (Regulation 10)', also 'Refunds (Regulation 14)' on page 25, and the section entitled 'Return of goods following cancellation (Regulation 17)' on page 27.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

As you can see paragraph 3.46 states a full refund must be given (quote):"As soon as possible after the consumer cancels, and in any case

within 30 days at the latest. You must refund the consumer’s money

even if you have not yet collected the goods*or had them returned to

you by the consumer.*You cannot insist on the goods being received

by you before you make a refund. See also paragraph 3.64."

 

Please also see (quote):

PAGE 28

Can I insist that consumers who cancel an order within the

cancellation period return the goods as new or in their

original packaging?

3.58*No. Consumers are under a duty to take reasonable care of the goods

while in their possession as discussed in paragraph 3.44. The DSRs

allow consumers to examine goods they have ordered as they would

in a shop. If that requires opening the packaging and trying out the

goods then they have not breached their duty to take reasonable

care of the goods. In these circumstances*you cannot insist that

consumers return the goods as new or in their original packaging.

You may ask consumers to return goods*with*the original packaging,

but*you cannot insist on this.

 

As previously stated the driver of the vehicle*did not leave*the pallet and in any case I am not responsible for obtaining a pallet nor am I obliged to return the goods as new or in their original packaging. (See paragraph 3.58 above).

However, as a gesture of good will I have managed to obtain 2 smaller pallets on which the individual boxes will fit along with some strapping and wrapping materials. I did in my last email indicate that I would try and do this and at no time have I stated I have no intention of getting the goods back safely. All I have said is that my partner is unable to assist with moving them due to their weight and her being pregnant! Also I am unable to take more time off work.*

I am not happy about leaving the goods outside when I go to work, but if you feel that 1 man will be able to load them back on the vehicle with pallets attached then so be it. Please can you email me some returns paperwork so that I may obtain some form of receipt from the driver.

There will be no-one available at the address on Thursday 25th October as they have made plans and this is why I have indicated that the goods will be available for collection on Tuesday 30th October between 08:00 and 16:00. Should you choose to arrange for your representative to collect the goods, I will not be held responsible for their safe transit. My liability will end on collection of the goods and I will not release the goods without some form of written confirmation that they were received in good order. I will also not be held liable for ANY costs involved in collection of the goods however collected. You do not have the right to deduct any money from my refund. With regard to seeking advice from Mr Smith on the point of return costs please again read the attached OFT guides for businesses which clarifies that, as the goods are faulty you may not charge anything.

 

I trust this clarifies my position and I await a refund within 30 days of my initial cancellation request of 15/10/2012, as is your obligation in law as can be seen from the above OFT guides.

As for 'Mr Smith' I suggest if he is not available you contact a professional legal advisor or a solicitor who will confirm the requirements of the Distance Selling Regulations. I do not believe that I have been unreasonable. I have purely indicated to you the difficulty in packaging the items upon a pallet as the driver did indeed keep that on his vehicle, hence the fact it was not delivered off the lorry!

I do however think you are being very unreasonable in insisting on making misleading statements with regard to my rights to return the items without the original packaging if necessary. Again I find it hard to believe that Mr Smith would advise you to only refund upon return as this clearly puts you in breach of consumer law.

I have been more than reasonable in furnishing you with the relevant guides to the DSR's to enable you to confirm that what I am saying is indeed based upon the regulations in question, yet you still choose to ignore their requirements.

Please make arrangements for the collection to be scheduled for Tuesday 30th October as per my previous email.

Thank you,

Kind Regards,*

Red

 

.....and then got this in response....

 

is not a problem, as the people picking up the Aquarium set on Thursday were doing me the favour of picking it up during the day, but they can certainly pick it up in the evening of Thursday 25th October, and there will no inconvenience to yourself arranging to have someone available, or worrying about leaving the aquarium set unattended. So alls well.

Regards,

Supplier.

 

???!!

 

So slightly bewildered by their lack of attention to detail I just thought sod it and sent this...

 

sorry I think you must have misread. I did say there will be no-one available on Thursday 25th and that is why I had indicated Tuesday 30th.

However, all depends what time in the evening they would plan on arriving to collect the items?

Also what form of transport will it be? The reason I am asking is do you still require the boxes strapping to the pallets?

 

And then again another response which begs the question are they actually reading these emails!...

 

Whatever time suits you in the evening of Thursday 25th of October, will be absolutely fine for pick up.

Regards,

 

When they turn up I will have the boxes waiting on pallets in the conservatory. If they don't want to assist removing them from the property that's their choice. If they want to remove them from the pallets again that's their choice.

Am I within my rights to write something for them to sign on the lines of

"I am collecting 1 Aquarium set boxed and palletised in good condition on behalf of ************ for a full refund of all monies paid and I accept full liability for the goods once collected and will not hold the customer Mr ***** responsible for any breakages during transit."???

 

Thanks

 

Maybe "and we acknowledge that the customer will not be held liable for any costs in connection with the return of the goods..."

 

"for and on behalf of (supplier name)"

Signed.....

 

Print...

 

?

 

I will then email it to the customer and ask if they are agreeable to their representative signing it??


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Personally I would take some time stamped photos and also get a receipt from the courier.

 

I think they have found out there is no point in arguing with you..

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I believe, from the wording of their emails that they have asked a friend for a favour in picking it up so I would imagine there would be no official 'receipt' as such.

Would it be worth writing something out and would it be sufficient if they damaged the goods in transit?

Thanks


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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I don't think they will sign all that above. Maybe if you just wrote something simpler like " item collected in good order on such a date" signed xxxxxx.

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Ok thanks. I have sent this to try and obtain some sort of agreement...

 

 

Hello,

Further to my previous email can you please clarify the following points.

 

1)Who will be collecting the aquarium set?

2)Are they aware that the items will be in pallets in the conservatory and that I will not be able to lift them outside unaided?

3)Do you accept that once the items are collected my liability for their safe return will end?

4)Please confirm that you will refund all monies paid in full and that as per the Distance Selling Regulations you will not be making any deductions.

 

Please can you arrange collection on the agreed date of Thursday 25th October between 18:00 and 20:00

 

Thank You,

 

Regards,

Red.

 

Just received this reply......

 

There will be two people arriving to pick up the aquarium and they*are aware of the weight of the aquarium and are capable on lifting the aquarium.* When they get there they will check over the aquarium set with yourself that it is safe and sound and load it in to their*vehicle at this point your duty of care will stop and will not be liable for the transport of the aquarium set.* We have also worked out the cost of transport and as long as you allow the aquarium set to be picked up between*6pm and 8pm on*Thursday 25th October, we will be happy to refund the delivery charge and purchase price.

I will make arrangements for the aquarium set to be picked up at the agreed time and have forwarded on the paper work for retuning the aquarium with the people coming to pick up the aquarium set. I did not see till now you have asked about putting the aquarium set on a pallet, this will not be necessary but if you have done it, that's OK they will sort it when they get to yours.

*Regards

Supplier.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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