30 working days or 30 days for refund

  dralend 22:17 22 Apr 2008

I noticed on a thread that there is reference to 30 days for a refund to be returned to customers who have cancelled.

I cancelled an order for a pc on 1 April, and have not had my card refunded. Under the PC seller's terms and conditions it refers to refunds within 30 working days. But distance selling regulations (right?) refers to 30 days. The difference is waiting up till 30 April for a refund or 13 May.

I wouldn't be here, but the seller referred to refunding my card last Monday (debit card, drat!) and then said would chase getting the refund made on Friday last week. When the payment still hadn't arrived today and I chased, the owner said it's 5-7 working days for a refund but it can take up to 30 working days. Quite out of keeping with his emails. But what is the law 30 days or 30 working days?

I don't want to give the company name, right now. Let's see how it goes. The difference in waiting is that my bank account will go into the red without this £870 or so repayment.

  beeuuem 22:29 22 Apr 2008

click here
You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

That is 30 calendar days not working days.

  dralend 22:38 22 Apr 2008

Thanks beeuuem. But what's the source of this info - is there a weblink and does anyone know if the PC seller's T&C's which mentions 30 'working' days trumps the 30 calendar days requirement in law?

  djsigma 23:02 22 Apr 2008

I think you missed the link in beeuuem's post, dralend. The source is the Office of Fair Trading.

  Horik 23:27 22 Apr 2008

I'm a Citizen's Advice adviser. I can tell you that if you have written terms or a contract, stating that you have 30 working days, issued to you by the company then they are bound by that, no arguments.

For definitive sourcing of this info, check out the Adviceguide website run by Citizens Advice or Consumer Direct, the public arm of the Office of Fair Trading, who also have their own website.

  Horik 23:38 22 Apr 2008

My mistake, I hurriedly read your post and missed the point - beeuuem is correct, the refund must take place within 30 calendar days.
No contract terms can take away your statutory rights as quoted on the OFT website. In fact the OFT would be very interested to hear that the company is attempting to infringe upon your rights in this way....

  wjrt 10:00 23 Apr 2008
  dralend 20:34 23 Apr 2008

Thanks again beeuuem and everyone. I think this is resolved in that I've got the answer I wanted, but I'd like to keep the thread open to relay the outcome by Wednesday/Thursday next week which is 30 calendar days since cancelling the order. I would rather have my money back before starting to get shirty about my rights, but I'm likely to raise this with the OFT because of the stress of this.

  K_elt 18:37 24 Apr 2008

Out of curiosity, when you say you cancelled, was this before or after the computer was shipped to you, if you bought over the internet or by 'phone, or did you order in person from a shop?

  Forum Editor 07:27 25 Apr 2008

deal with individual cases - that's not its function. If you have reason to think that a supplier is flouting consumer law the place to take your complaint is the Trading Standards office in the area where the supplier is based.

The advice you've been offerd is quite correct, by the way - the period within which card refunds must take place under the terms of the distance selling regulations is 30 calendar days, and not thirty working days. No supplier may introduce contract terms which reduce your rights in law, regardless of what your supplier's terms and conditions might say.

  dralend 10:36 25 Apr 2008

I've now received a partial refund. This might be a supplier error, or might be intentional, but the refund doesn't include £13.95 for shipping. The order was cancelled early on 1 April and about 4pm I had an email saying the PC was despatched. In discussion with the company owner there was no mention that I'd still have to pay for delivery, and I didn't expect to. I've called the co. and emailed the owner to ask for this to be refunded too. Seems cut and dried and I have the email records, but interested to hear if anyone thinks the supplier has a case to levy the shipping charge 7 hours after receiving an email cancellation.
I bookmarked the supplier's local trading standards office to contact them if needed.

This thread is now locked and can not be replied to.

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