Any legal eagles amongst us? [Archive] - Beer and Bollocks

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Jase

01-09-06, 09:09 PM

Am in a dispute with a retailer over some car parts and need some clarification on the legal position under Distance Selling Regs etc - can anyone give me some guidance?

Tks

Jase

01-09-06, 09:10 PM

Did you pay by Credit card?

Jase

01-09-06, 09:11 PM

Nope paid using a debit card via paypal

Jase

dvtimes

01-09-06, 09:12 PM

Its simple, if you have not been sent the product or service that you paid for, then they have broken the contract.

What is the info

dvtimes

01-09-06, 09:13 PM

How much for?

01-09-06, 09:15 PM

As some of you know I had a problem with an American website some time ago. So I looked up what I could. Try here as a starting point http://www.dti.gov.uk/ccp/topics1/guide/distsell.htm

Jase

01-09-06, 09:19 PM

Goods ordered and paid for on 6th December for £711 - was quoted 6 days leadtime so said to send it all together to keep down on postage costs plus had to be fitted in one go anyway.

Asked for it all to be shipped to parents house in Ireland as I was home for Xmas and my brother could do the work - as of today still nothing has arrived. Retailer is claiming they tried to deliver 3 times to my address in the UK (which they havent or they didnt leave a card plus it was meant to go to Ireland and I paid extra carriage for the delivery to go there).

As far as I understand the contract is not complete until I have takne delivery and I can cancel at any time up till 7 days after delivery - furthermore if delivey has not occured within 30 days again I can cancel. Retailer is claiming as he had to order in parts that I cant cancel and that his T&C supersede all government regulations (hmmmmmmmm) - I have read up on the regs and the only exceptions are:

• goods made to the customer’s own specification such as custom-made blinds or curtains. But this exception does NOT apply to upgrading options such as choosing alloy wheels when buying a car; or opting for add-on memory when ordering a PC, for example
• goods that by their nature cannot be returned
• goods or services where the price depends on fluctuations in the financial markets which cannot be controlled by the supplier
• perishable goods like fresh foods or fresh flowers
• DVDs, CDs, software or audio or video tapes that the customer has unsealed
• newspapers periodicals or magazines
• betting and lottery services.

None of the items were custom or bespoke and the fact that he didnt have them in stock is nothing to do with me so am I in the right?

Jason

01-09-06, 09:22 PM

Jase

01-09-06, 09:24 PM

Im pretty sure your in the right, but if they are from another country the UK authorities cant help and any legal action has to be taken there not here. So thats why I mentioned credit cards. Because with a credit card the card company is joint supplier, so liable to sort the mess out. My next bet would be to phone pay pal

They are from the UK - I thought about contacting Paypal but in the past it has taken months and I just dont have the time to piss around with it so I have issued papers against them online on the courts service website because I was sure I was ok but just wanted to check and at least sleep a little easier tonight!

Thanks

Jase

dvtimes

01-09-06, 09:24 PM

morefodder

01-09-06, 10:19 PM

If you had paid by cc, it would simply be a case of telling your cc firm.

If it was me I would write to them to say that you expected the goods by now, but if they are not delivered in 7 days you wish to cancel the order and money returned.

I would also contact pay pal about this too.

I can't believe it, only 9 days in to this year, and I'm already agreeing with DVTimes !!

Jase

01-09-06, 10:22 PM

If you had paid by cc, it would simply be a case of telling your cc firm.

If it was me I would write to them to say that you expected the goods by now, but if they are not delivered in 7 days you wish to cancel the order and money returned.

I would also contact pay pal about this too.

I did this between xmas and the new year but they ignored it completely - this week after more chasing emails they finally acknowledged it and then refused to refund.

Will let you know how it all turns out!

dvtimes

01-09-06, 10:39 PM

I did this between xmas and the new year but they ignored it completely - this week after more chasing emails they finally acknowledged it and then refused to refund.

Will let you know how it all turns out!

My advise is anything over £40 pay with a credit card.

xcite-tv

01-09-06, 10:53 PM

Don't Paypal have a non delivery of goods protection thing going on

01-09-06, 11:29 PM

Don't Paypal have a non delivery of goods protection thing going on

Yes, but often dealing with disputes with pay pal can be horrible

xcite-tv

01-10-06, 12:00 PM

Yes, but often dealing with disputes with pay pal can be horrible

didnt know never had a dispute but then i NEVER pay for goods delivery from outside UK unless its on a CC

and i am shocked that being in the business we are that anyone would do anything different

lesson learn't i suppose

01-10-06, 12:11 PM

didnt know never had a dispute but then i NEVER pay for goods delivery from outside UK unless its on a CC

and i am shocked that being in the business we are that anyone would do anything different

lesson learn't i suppose

Allthough he bought his goods in the UK not outside. You dont need to pay for anything anywhere to get in to disputes with paypal. I recently got in to one with them when someone stole $1000 out of my account. In fairness to them they fixed it. But Im always hearing horror stories with paypal so I was worried.

Here are a few sites dedicated to paypal :)

http://www.paypalsucks.com/
http://www.paypalwarning.com/
http://www.aboutpaypal.org/
http://www.suepaypal.org/

But I never buy anything now anywhere if its not on credit card. Especially over the net. Especially after my recent camera purchase, for which Im still waiting for my credit card company to get me my £840 back :onguard: