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    • You haven't told us anything about the vehicle in terms of the make model mileage – price paid et cetera. Also where was it advertised and what the advertisement say? On the basis of what you have told us, you should have no problem asserting rights whether or not you are dealing with a trader or a private seller. However it would be helpful if it was a trader – and you say that it is and that you have evidence. The problem is, whether they trade. Do they have any seizable assets? You obviously dealing with somebody who is going to be very slippery even if you get a court judgement against them. Do you know where they live? Do they and their own property? And I suppose it won't be much of a comfort to you but it may be instructive to others when I say that you have managed to acquire all this evidence – but what a shame you didn't go about this before you parted with your money rather than afterwards.
    • Brillliant reply from Caroline Voaden MEP on Twitter.   Who will hold these people to account asks @june_mummery ? She has also asked if she can come back to attend fisheries com mtgs. Thing is June you wanted to leave. You wanted us to have no voice here, to go it alone. You all crow about your ‘win’. This is what it means. Well done
    • Thank you. What you have suggested about a motor trader had occurred and yes she has been naive about this. They were sufficiently satisfied to purchase the car and they did know about the problem. She had been driving it up until the morning of the sale with no problems and she had told them about the oil leak - it's otherwise in very good condition, has a long MOT and has been serviced regularly. There's also the issue of insurance should she accept return (she transferred insurance to her new car )
    • June Mummery, a Brexit Party MEP, has just woken up to the fact that leaving Europe gives us less control over fisheries. From her Twitter feed.   Attending the penultimate session of the #EuropeanParliament’s #FisheriesCommittee #PECHcommittee) with #BritishMEPs. The big question now is, who will be here to hold these people to account while they still control Britain’s waters, but the UK has no representation?
    • I'm afraid my response is going to be a bit more doom and gloom than my site team colleague. I'm afraid the principle of "buyer beware" is a pretty old principle and it doesn't always protect the private seller. However, I think you will have to wait and see what they come back to you about in writing. My understanding so far – as you don't even seem to know their address or who they are – is that everything has been done on the telephone. If they decide to come back at you in writing with a list of defects and am afraid we will have to look at it carefully because although you won't be particularly affected by consumer protection legislation, there are still basic rules of contract which could protect the purchaser. I'm sorry also to give a bit of a slapped wrist here, because the selling of vehicle in the circumstances without even ascertaining the identity of the purchaser and without keeping the necessary documents to inform the DVLA of the new ownership is highly irresponsible. I suppose this is going to put the frighteners on you – but you had better be aware of the possibilities. The first thing that occurs to me is that this vehicle may have been bought by a trader who was anxious not to add any more owners to the vehicle because that would reduce the value even more. Therefore you might have some fairly unscrupulous trader selling your vehicle on to another private purchaser who themselves may not properly register the vehicle so that if it attracts any parking fines or any other attention from agencies, could come back to you as you are the registered owner. You would be able to deal with this problem eventually but it would certainly be complicated. Also an extreme scenario is that the vehicle could eventually be used for unlawful purposes – and once again the registration leads back to you. I think that your daughter had better read the thread and had better take the lesson. As I have said, the use of the vehicle for some unlawful purpose is probably an extreme idea and is unlikely to happen. However, the idea that the vehicle has been bought by trader who wants to conceal the fact that it has had an additional purchaser – him/herself – is a highly possible scenario. You haven't told us anything about the vehicle – what is it, model, make, mileage, condition, price, – and also how was advertised, where was advertise, and what claims did you make for it. I do hope you don't hear anything more about this problem that you better give us all the information and if there is any fallout as a result of what your daughter is done then of course come back here and will it be very pleased to try and help you. In the meantime I would suggest that you contact DVLA and tell them that you have now parted company with the vehicle and that it is no longer yours. Even though you won't be able to give them the address of the new owner, you will be able to give them the name and you had better put it on record. I'm not sure if it's an offence not to have the details of the new owner and to pass them on to DVLA – but I would suggest anyway, that you tell DVLA. Before you start doing this though, standby for maybe one or two other people to contribute to this thread and to disagree with me. I think you need to have a range of opinions on this.   One further thing – you may be tempted simply to take the vehicle back – but unfortunately you won't be able to be certain that it is in exactly the same condition as it was when you sold it. This could give you another problem that may be if you decide to cut your losses and tell the purchaser to return the vehicle, you may not be completely happy when you receive it – and they will simply be a dispute as to what has happened to it during its absence
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willowbella

This voucher is not valid - your payment was refunded/refused - GOODS RECEIVED!

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Hi there. I am new to this so my apologies if there is another question like this.

 

I tried to purchase an offer via Groupon last year (NOVEMBER). I clicked the buy now, entered my details and attempted to proceed however the screen kept returning to the "buy now" page. I contacted groupon several times and they advised that it must be my card (this was not the case as i contacted the bank) or credit issues?!!. After a few attempts i eventually gave up and ordered my product from another company instead!

 

3 weeks later my mum signs for a parcel at her address dispatched to me. After opening it i realised it was the product that i could not purchase. After looking on my groupon account, under the order screen it shows

((((Groupon no. 1 This voucher is not valid - your payment was refunded/refused))

This means i was not issued a groupon code to go to the sellers website and purchase the product.

 

I received a generic email 1 week ago advising that they understand many people tried to purchase the item and due to a processing error the funds were not deducted. Then they ask that we either 1; kindly organise return 2. organise payment.

 

Considering i was told the transaction was invalid and i was under the impression nothing was purchased what do i do now?!

 

Do i have the right to keep the item under the "Unsolicited Goods Act" as part of the distance seller regulations?? Or do i organise return even though i attempted to highlight the fact that it wouldnt let me order it anyways!

 

Any responses (that of a consumer law and not moral :-)) would be greatly appreciated.

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According to the definition in The Consumer Protection (Distance Selling) Regulations 2000 “unsolicited” means, in relation to goods sent or services supplied to any person, that they are sent or supplied without any prior request made by or on behalf of the recipient.

 

You made a request to receive the item. You received the item. The error was in the payment processing. I don't think that you'll be able to argue it was unsolicited.

 

I would write to them, refuse both the item and their offer to organise payment. Tell them they have two weeks to arrange for collection, after which time you'll be keeping the item. You may get lucky, but I don't think there are any legal grounds enabling you to keep the item. So if they kick up a fuss it's best to return it (at their expense) or pay up.

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I would agree with FM post. Don't be out of pocket though, email and ask them to collect or at least send a pre-paid label.

 

Have moved your thread to the Online Stores section.

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