Buy And Sell Car Matching Service - Help!!!!

[make_me_happy]

Hello,

 

I am trying to sell my Corsa and I have advertised into various places and I keep on getting calls from this matching services. My husband got the last call and said to me that maybe it would be a good idea to give it a try. The guy over the phone has promised to sell my car over a period of 28 days otherwise he would give most of the money back. Stupidly I gave him my credit card number before checking anything else. I asked him for a website and when I logged in, in the terms and conditions says that if they do not sell the car in 28 days they give me a CREDIT NOTE to be used with them in advertising again. I phoned within 15 moinutes and asked to cancel the agreement and they said it would not be possible. Is there anyway I could cancel this transaction? Anyone knows of a way to do it?

[lbl]

The cooling-off period and cancellations | Business Link

 

Under the distance selling regulations, you have a statutory 7 day notice period during which you can cancel the contract unconditionally.

[PKea]

You could also contact your credit card company who will be able to help

[make_me_happy]

Thanks lbl, but the cooling off period does not include services that start immediately and that is what they rely on. My credit card company will not do anything I know, because they say that once you give your credit card details you have a binding contract with the seller. I don;t think I will see this money again, unless I ask for a chargeback.

[Guest SH321]

You never know they might sell yor car!

 

I would however put something to them in writing, they might be symathetic.

[lbl]

Had they begun to advertise your car within 15 minutes of you giving over your credit card details?

 

If not, they should have cancelled the order

[make_me_happy]

You never know they might sell yor car!

 

I don't think they will after all I said to them! I was very angry as they lied!

[make_me_happy]

Had they begun to advertise your car within 15 minutes of you giving over your credit card details?

 

If not, they should have cancelled the order

That is what they said!! 'We have already advertised your car and we have got already buyers interested to view it.' Where are they????

[PKea]

I would call them and ask for the buyers details they have, or where the car is advertised so you can check.

Then if not i would contact the OFT and register a complaint

 

YOu could also send a DPA request to find out how thwey have used your details and whether they have actually done anything.

 

What did your credit card company say to you? Did you tell them that you had not been shown the T&C before you paid and was only told about them afterwards?

[make_me_happy]

I haven't contacted my credit card company as yet, but I had a similar situation a few months ago and I lost on the money. Their point is that if you have acquired goods or services over the telephone or internet and if you have given your credit card details you are on a binding contract with the provider. There is nothing they can do they say. The supplier made a point of putting in their website that the 7 days cooling off period is not applicable as their services would start straight after payment. I haven't signed any contract with them, how would they be able to prove that I have requested their services if I dispute the transaction???

[rosiecotton]

Thanks lbl, but the cooling off period does not include services that start immediately and that is what they rely on. My credit card company will not do anything I know, because they say that once you give your credit card details you have a binding contract with the seller. I don;t think I will see this money again, unless I ask for a chargeback.

 

This is what these companies rely on: however the Distance Selling Regulations were amended within the last year to state that companies need to give you a cancellation notice in writing and the consumer needs to AGREE to the service starting immediately.

 

Did this happen?

[make_me_happy]

Thanks Rosie,

 

No it did not happen. I phoned them literally 15 minutes after I gave them my card number to cancel the deal as I have checked in their website and I was not happy with the T & Cs and they said no, too late! I am really p***d off as they took my money and I am sure they are not honest people. I would be very happy if anyone could please leed me in the right directions, so then I could right to them at least.

 

it would be nice if anyone in this site has an idea what should I write to them. I am terrible at writing letters!!! Any help will be appreciated.

[PKea]

This is from the DSR

 

The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel.

 

Therefore as Rosie says, They haven't informed you in writing of this so you can cancel

 

Consumer Direct - Returning or cancelling orders

[make_me_happy]

Thanks PKea you all great!!!

 

Please any of you give me any light of how I should write a letter to them? Any templates in this site?

[rosiecotton]

Pkea has found the info I was referring to.

 

You basically write to them stating that you are cancelling your contract with them in accordance with the Consumer Protection (Distance Selling) Regulations, which give you a seven day cancellation period.

 

State that you did not agree to the service starting straight away, and you have had no notice from them in writing that if you had agreed to this you would lose your rights to cancel.

 

Therefore they have not complied with the requirements of the Distance Selling Regulations and your right to cancel remains. You are now exercising that right.

 

Give them a reasonable date by which to refund your card (say 7-10 days). Keep a copy of the letter.

 

They will probably mess you about - but this is the first line to try. Come back to us with updates!

[make_me_happy]

What is the DSR website? I will go into it and try and put together a letter to them today.

 

Sorry I found it Pkea has a link.

[make_me_happy]

Right, I have not written to them, because I was hoping that the credit card company would be able to help me on this. They have not advertised my car anywhere, they have not sent any paperwork to me, they have not sold my car basically! I have contacted the credit card company and they said that if I have given my card voluntarily I am liable to pay for the service. They are big time crooks!!! I have phone the Trading Standards and they said that they would phone me back after speaking to a supervisor. My question is: Can I sue those b****ards? I am sure there is a way I can make them pay me back this £129.99 that came out of my card as they did nothing for it!!! I was too honest with the credit card company and said that I recognised the transaction, otherwise I could just say that I did not buy anything from them as there is nothing to prove.

 

Any advice, mostly appreciated.

[rosiecotton]

You would need to write to them as per my previous post before starting any court action.

[make_me_happy]

This is basically the letter I am sending them:

 

 

Shiobhan Hayden

Buy and Sell Services Ltd

Rowlandson House

289 - 293 Ballards Lane

Finchley

London

N12 8NP

 

2 April 2007

 

Dear Ms Hayden,

 

I have been approached by one of your employees Tony Hawks on the 13th March 2007, after seeing my car advertised in the Exchange and Mart, who convinced me that you would be able to sell my car in 5 days, the most 28 days, and if not I would have £85 refunded to my card out of the £129.99 you charge for this service.

 

I trusted his words and I gave him my credit card number. After returning to my office, I went into your website and that is when I have realised that I have been lied to and the refund of £85 was not in the form of cash, but in the form of a credit note. I immediately phoned your Customer Services and asked them to cancel my agreement with yourselves as I did not agree with the terms in your website. The lady who answered the call was very abrupt and told me that once I give my credit card number the agreement starts straight away and there was already someone interested to buy my car.

 

It has been now over 2 weeks, I have not received one call from any buyer sent by you, nor have seen my car advertised anywhere. I have not received anything in writing by your company regarding the services you are providing me.

 

I have complained with the Office of Fair Trading and the Trading Standards and there are investigating your company.

 

As per E-Commerce Regulations you as a service supplier over the Internet, E-mail or telephone have the obligation to:

· Provide customers with specified information before the order;

· Provide customers with specified written information in a durable medium period prior to the conclusion of the contract;

· Send them an order confirmation;

· Give them the chance to cancel the contract;

· Make it easy for customers to check orders and correct errors before they complete the order;

· A description of the goods and services in writing;

· Give clear and comprehensive ‘prior information’ to help customers decide whether to buy.

 

It is very clear that you have not complied with any of the above, therefore I request the refund of the amount of £129.99 back into my card. I will give you 14 days to do so. If you fail to refund me within this time, I will commence legal proceedings against your company.

 

I look forward to hearing from you soon.

 

Yours sincerely,

 

 

 

I will take them to court, but I need to find out in which basis I am allowed to do that. If any solictiors in there, please give some advice how to fill the claim form ....!!!

 

Many thanks

[make_me_happy]

Please if anyone in there has got any experience in taking a company to court for non-compliance and not obbeying to the e-commerce rules, help me!!!

 

To have all the details please look through my thread, any help will be very appreciated!

 

http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/73749-buy-sell-car-matching.html

[rosiecotton]

Their response will probably be that the service began immediately and therefore you lost your cancellation rights. It may be worth pointing out further information about the rights they are obliged to give, as per previous advice on this post - just to head them off at the path.

 

I can clarify the legislation if needed, but do not have time tonight.

[make_me_happy]

Thanks Rosie, your help will be mostly appreciated.

[make_me_happy]

I want to take this people to court. Is there anyone out there that can help me by directing me on how to fill in the MCOL in this particular case?

[make_me_happy]

I have started a thread in regards to a buying and selling matching company which took my money and gave no service against it. I have sent them a letter before action and I am really serios in taking them to court. Can someone please advise what is the best way to do it?

 

My thread is:

 

http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/73749-buy-sell-car-matching-2.html#post743650

 

Any help will most mostly appreciated!!!

 

Many thanks

[ManagingDirector]

How much is it for? (what you wish to claim)