Consumer Advice Required - 'net Purchase

[Flamin_Squirrel]

Bit of a long one this, please bare with me.

Back in sept. I bought a new monitor from an online retailer. Once it was plugged in I found the quality to be atrocious so I phoned them up, explained the situation and was told that faulty or not I could expect a refund. I sent it back and got an email shortly after confirming they'd received it and that they'd get back to me in a day or two. In the mean time I ordered another monitor elsewhere.

They never called, so after 5 days or so I tried phoning and emailing but couldn't get a response. Then after a week I get an email from them saying 'item dispatched' - they were trying to send the monitor back to me. Since I didn't need it and didn't want the aggravation and expense of paying to get it shipped back I simply refused it. After more emails and more phone calls without response I give up and contact my CC company, explain the situation and they say they can claim the money back for me. Job done I think.

Now over a month since they confirmed they'd received the monitor back from me, I get another email saying 'item dispatched'. Yep, trying to palm off their shoddy monitor on me again. Again I refuse it, but at this stage I've got my money back so I'm not even bothering trying to contact them.

Then on Saturday (22nd of Dec), three months after I sent the monitor back, I get a letter from my CC company (NOT the retailer) saying the monitor had been tested and checked out to be fine, so the retailer had disputed my claim and that the charge (£350) would be reapplied within seven days :shock::shock::shock: Merry Xmas!

So yesterday in desperation, knowing the CC company wouldn't be answering the phones, I called the retailer and amazingly got through. After arguing the above they basically said they weren't interested and that the charge stood, and that they were going to send the monitor out again and if I refused it that was my decision. Absolutely furious at this point, they finally gave me the option of paying a 'restocking fee'. At 15%, this came to £50 odd, which isn't pocket change, but as I was at the point of having an aneurysm I said ok, I'll pay it if that's all I have to pay and I won't have to deal with anything else. Done and dusted I thought.

But today I checked my CC, and found that the full £350 had been take out on Friday the 21st, before I'd even got the letter let alone the 7 days it was supposed to take :smt013:smt013:smt013 :smt013:smt013:smt013 :smt013:smt013:smt013 :smt013:smt013:smt013 :smt013:smt013:smt013

So, I'm at a loss as what to do. No doubt the £50 pounds fee is going to be taken out of my account later this week too. Perhaps being more patient may have helped, but I don't have the time or money to sit at work on my mobile to an 0870 number, and at any rate it's done now anyway. I have to deal with this, but I don't know how and I've no idea what my rights are. Help!

[600+]

name and shame! this is std practice with such companies - used to work in one and I know

[Stig]

I have no useful advice. But I do hope you get it resolved in your favour.

[the_lone_wolf]

write a letter to the company you bought the monitor from, and carbon copy it to your credit card company, send them both recorded delivery. in the letter outline the entire situation, explain that you have now ordered elsewhere and want a refund, that you were told this was fine, explain that money was taken from your account without notice, which could have caused you more financial problems, give them a reasonable time to refund you, which is something like 3 weeks, give them a date to repay you by and say that if they haven't done so by that date you'll begin legal proceedings against them to recoup the money you're owed, be polite but firm.

whether you think proceeding with legal action is worth it is your choice, you can file in the small claims court for ~£80 or so, and iirc you can claim your costs (day off work etc) from the other side should you win

[tigersaw]

Under the distance selling regulations, you were entitled to return the monitor within 7 days of receiving it - for any reason whatsoever and receive a full refund.http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0051-1111.txt assuming you made it clear you were returning it for a refund and not a replacement / repair, then it should have all ended there.I'm not happy with the behaviour of your credit card company, personally I would be cancelling my card with them, and I would be seeking (free) advise from the CAB. Perhaps you should be naming and shaming them too.Taking the matter to small claims is easy and worthwhile. I took a travel agent to small claims once, mainly because their attitude was 'see if we care, I doub't you can be bothered to take it further' - it was straightforward, you are guided through the whole process, and I won without any difficulty.

[keithd]

flamin' squirrel in "it seems i DONT know it all" confession shocker.

more at 10

ps only jokin' love you merry crinklemas

[Stig]

flamin' squirrel in "it seems i DONT know it all" confession shocker.

more at 10

ps only jokin' love you merry crinklemas

LMAO tis funny that.

[Moffatt666]

flamin' squirrel in "it seems i DONT know it all" confession shocker.

more at 10

ps only jokin' love you merry crinklemas

Gotta love the .org

[SV-net]

Come on name and shame so none of us get nabbed by these fraudsters. they are out of order and from what I have read have broken the law. You can see your consumer rights on the governments website here http://www.tradingstandards.gov.uk/c...11.txtassuming

Name them and shame them!

[Ace-T]

Give your local Trading Standards folks a call re this. They are usually very helpful and can give you appropriate and good advice.

Hope you get it sorted.

Trace :)

[northwind]

The distance selling protections are pretty strong, and they actually seem keen to take action when they're broken too, so do ^^^ this stuff.

And also... Was it Overclockers.co.uk? Because it sounds like them... ;)

[Flamin_Squirrel]

The distance selling protections are pretty strong, and they actually seem keen to take action when they're broken too, so do ^^^ this stuff.

And also... Was it Overclockers.co.uk? Because it sounds like them... ;)

No not them. The unfortunate thing about 'net shopping is no store to walk into with people to yell at, resulting in companies pushing their luck all the more often.

I'll post up any more info when I get it.

[timwilky]

I had problems with a monitor I bought from scan. It had a few dead pixels and they refused to accept that if it ain't perfect, then it is defective and should be replaced by one that is.

So now I don't buy monitors without getting them checked by me prior to leaving.

[phil24_7]

I had problems with a monitor I bought from scan. It had a few dead pixels and they refused to accept that if it ain't perfect, then it is defective and should be replaced by one that is.

So now I don't buy monitors without getting them checked by me prior to leaving.

This all depends on what monitor you buy. Some manufacturers have a zero dead pixel policy, others won't replace the monitor unless there are 2 dead adjacent pixels or more than a certain number of dead pixels.

Tis annoying really as you expect something to be perfect when it's bought new!

[northwind]

That's another job for the distance selling protection, you don't even need a reason to return it, and they have to accept it- with a few exceptions, and monitors aren't one. But it can be hard work.

[Flamin_Squirrel]

I didn't get the monitor back within 7 days. Not quite sure how that affects my rights?

[northwind]

It actually gets pretty interesting then... Y'see, the refund isn't connected to the return of the goods, they have to refund you "as soon as possible" but always within 30 days, regardless of whether they've got the goods back. From the guide for businesses:

"Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel
an order?
3.46 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.
Can I withhold a refund if a consumer fails to take
reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable care."

[Flamin_Squirrel]

Ohhh, cheers Northy, I think that'll do the trick. Is that from distance selling regs?

[northwind]

Aye- well, from the guide for businesses, the regs themselves are in legal so they're just about impossible to read :rolleyes:

[Flamin_Squirrel]

I phoned consumer direct last week. It seems I'm screwed: apparently the right to cancel only applies if you do notify the supplier within 7 days (which I did) but, in writing by recorded delivery only (which I didn't).

So be warned folks - know your rights, because by the time you're found out what they are you've probably run out of time to exercise them.

Not sure what I'm gonna do now. I'm still £350 out of pocket and don't even have the monitor (not that I'd want it anyway - lying scumbags will probably send me the same faulty one). There might be other avenues but I don't know what they are. Ed offered his help a few weeks ago but he seems to have disappeared. Sigh.

[northwind]

I think you've been given duff advice there. Enforcement of the DSRs are from the OFT and Trading Standards... And they say:

"3.26 They must tell you in writing, or in another durable medium, if they
want to cancel. This includes letter, fax or email. A phone call is not
enough unless you say in your terms and conditions that you will
accept cancellations by phone."

and maybe more importantly:

"What does ?give notice of cancellation? mean?
3.28 The DSRs say that a notice of cancellation will be properly given if the
consumer gives notice in one of the following ways:
n by leaving a notice addressed to you at your last address known to
the consumer, in which case notice is said to have been given on
the day on which it was left at your address
n by posting the notice to you at the address last known to the
consumer, in which case notice is said to have been given on the
day it was posted, or
n by faxing or emailing the notice to you on the last fax number or
email address known to the consumer, in which case notice is said
to have been given on the day it was sent.
3.29 You may ask your consumers to keep some evidence of having given
you the cancellation notice, such as a certificate of posting or
confirmation of fax transmission, but you cannot insist on this."

[Flamin_Squirrel]

Excellent. I've got emails that I think should prove that I requested a full refund. Just wish Ed was around so he could make sure everything is in order before I write to them, so they can't poke holes in any arguments I make.

Thanks for that :salut:

[northwind]

No probs mate.

[ThEGr33k]

Excellent. I've got emails that I think should prove that I requested a full refund. Just wish Ed was around so he could make sure everything is in order before I write to them, so they can't poke holes in any arguments I make.

Thanks for that :salut:

Will you not name them so we dont all go and make the same mistake? :thumbsup:

[Flamin_Squirrel]

www.microdirect.co.uk

[phil24_7]

Just barred myself from ever buying anything from them. Cheers FS.