Quick Question: Consumer Rights re: Refund

[Barneyballbags]

Hiya,

Just a quick question. I recently bought something online, but then cancelled the order straight away (within 5 minutes) as I had been charged for something which had not been made clear at the time I placed the order.

The company have requested the funds from my bank account, and are claiming that they cannot refund me as the goods I bought are perishable (despite the fact that they have not even shipped them to me). I have replied to numerous emails from their customer service department to state that I have cancelled the order and that I do not wish to receive the products. I feel as if they are stalling my refund request so that they can say it's already been shipped to me. I have kept records of every single email to/from them.

I'm pretty sure I'm entitled to a refund under the Consumer Contracts Act 2014..? I've already been in touch with my bank who cannot stop the payment, but who may be able to refund the money themselves and claim it back from the company.. Any advice would be appreciated. Thanks

 

[Bullpup]

Check out the distance selling regulations.

 

[Barneyballbags]

Check out the distance selling regulations.

Distance selling regs were replaced by the Consumer Contracts Act 2014, hence why I'm referencing that instead.

 

[Bullpup]

Thanks for that.

I have just read the regulations and it appears that your right to cancel starts the moment you place the order and last for 14 days. It would seem they are taking the P***. I would ring them stating you are aware of your rights under the system and then confirm it by email. If it is a large firm escalate it.

 

[Barneyballbags]

Thanks for that.

I have just read the regulations and it appears that your right to cancel starts the moment you place the order and last for 14 days. It would seem they are taking the P***. I would ring them stating you are aware of your rights under the system and then confirm it by email. If it is a large firm escalate it.

They don't have a phone number (alarm bells!), just an email address for customer services. 14 emails and 6 references to the Consumer Contracts Act later and I'm still no nearer to getting a refund...

 

[Cavalier]

Re:

It sounds like they have no intention of behaving honourably, what's the name of the company?
Time for a bit of name-and-shame I reckon!

 

[Barneyballbags]

Re: Re:

It sounds like they have no intention of behaving honourably, what's the name of the company?
Time for a bit of name-and-shame I reckon!

It's a training supplements company. Won't name them just yet in case they do end up refunding me!

Although, going by the nature of the emails they've been sending I doubt it very much. They're basically now saying that they've sent the stuff out and that I have to return it to them (to an address in the Netherlands!) before I can get a refund, despite me cancelling the order minutes after I placed it! So they've basically ignored the fact that I cancelled the order, stalled on the refund and are now saying that it's too late :evil:

Luckily, I've already been in touch with my bank who have said that they could more than likely refund the money themselves, and then pursue the company from their end..

 

[Cavalier]

Re:

The good thing is that you seem to have the bank on your side.
You also have the law on your side but I'm not sure what good this is as the company's actual location seems a bit grey. They're probably hoping you'll just roll over on this as the cost of returning the goods to Holland won't be worth your while.
I hope this gets sorted out for you.

 

[Barneyballbags]

Re:

Good news

Just come off the phone to HSBC. They're in no doubt that it's a scam, and have started to process a refund at their end which will be picked up by their payment disputes team tomorrow morning.

Then the supplements company have the pleasure of HSBC knocking at their door to get their money back

 

[mattr]

Re: Re:

Then the supplements company have the pleasure of HSBC knocking at their door to get their money back

Nah. They'll just put a flag against them/their account and see how many more complain. It's not worth their while chasing €50 (or even €500) when it's 5 grand or something, then they'll act. Maybe.

Might be worth waiting until you get your cash and then naming them, so no one else on here gets caught.

(And you do know that unless you have serious deficiencies in your diet, or are racing at the pointy end if international competition, 99.9% of supplements are essentially useless for cyclists, you get more than enough of everything in a normal diet)