Unlawful Charges

  jaycup 20:17 01 Dec 2006

took delivery yesterday of a new LCd 32" TV on setting it up today i decide i might be better with the 37" model which i would buy from the same company. I telephoned and explained that i would rturn the TV under the Distant Selling Regs. I was met with a tirade of 'threats' and told that i would be responsible for all costs re the return of the item, (this i expected) and that there would be an additional charge (15%) to cover 'depreciation' of the article and an administration fee of £25.00. I pointed out that these charges were illegal 'under the Act' irrespective of the fact that they were (hidden) in their 'conditions of contract'. I got no-where and in the end am left to make a decision as to whether I am prepared to take the matter all the way to Court if I have to.
This company is a big supplier in the field of elecronic consumer goods and advertises extensively in all the relevant magazines.
How does one bring this 'illegal' behavour into the public domain and shame this company into treating there customers in a fair manner.

  oresome 20:38 01 Dec 2006

How does one bring this 'illegal' behavour into the public domain ?

You seem to have answered that half of the question.

I would back up your telephone call with a written confirmation that you have rejected the goods under the distance selling regulations.

The retailer has the opportunity to exchange the goods at extra cost for the larger model or to refund the full purchase price within 30 days.

Whilst you may get some verbal bluff over the telephone, it's unlikely that a reputable retailer will knowingly break the law and I wouldn't expect it to go to court. But you may have to demonstrate that you mean business.

  Vangeliska 20:56 01 Dec 2006

You don't say how you ordered or bought this unit, it might well be relevant as to whether you can reject it because you've changed your mind.

  GANDALF <|:-)> 21:02 01 Dec 2006

You decided to return a TV because you are unable to make your mind up. The tV will now be second hand so IMHO the company have every right to charge. If the set was faulty, no charge, for people who cannot make their mind up...charge.


  Dizzy Bob 22:09 01 Dec 2006

GANDALF <|:-)>, whilst morally i probably agree with you, jaycup is correct in saying that he can reject the goods ubnder the DSR, in fact, exactly the scenario the DSR's were designed for as you do not have the chance to inspect the goods prior to purchase.

Jaycup is also correct in stating that a restocking fee cannot be charged, no matter how the company dresses up the charge (admin charge etc)

Is the company UK based? and you ask how do i name and shame, without naming the company!!

Good luck


  Vangeliska 22:23 01 Dec 2006

It depends on how jaycup purchased the item, we don't know!

  jaycup 22:42 01 Dec 2006

thank you for the helpful responses. I purchased this item over the Internet last week. The DSR were set up so that people like me would have seven days to consider their 'purchase' and if they so wish to cancel the contract within seven days this applies to any item bought 'at a distance' such as Mail Order for example. If the goods are faulty or 'not as described', then a full refund is entitled including the cost of returning the goods. In a case like mine's then a full refund is entitled but I should expect to pay return costs, although I have come across cases these costs were waved as the purchaser re-ordered other items, there is no question of 'morality' involved here, the Law is on the Statute Books. I should add that i have recently retired from the CAB where I was an advisor for many years and took particular interest in consumer matters. It really upsets me to see consumer's rights ignored in such a bullying and 'ignorant' manner and i suspect that this company gets away with it 99.9% of the time. there terms and Conditions of contract are in breach of the law and yet they quote these like some 'mantra'. When I tried to persuade them re the error of there ways, they were extremely rude and aggressive.
I'm afraid that some of the responses to my 'posting' only prove that there are still people who are not aware of there 'statutory rights'.
Finally re my 'problem' my wife has decided that the 32" size is perfectly alright for our room size
so I will withdraw from the 'battlefield'. I would have so much enjoyed taking up the challenge.

  Forum Editor 22:47 01 Dec 2006

or over the phone you are legally entitled to return it within 7 days of delivery, and you do not have to provide the retailer with a reason.

The retailer may NOT make a 'depreciation' charge, or charge you a restocking fee, or penalise you in any other way.

  Vangeliska 22:47 01 Dec 2006

It helps to know the whole story when a case of "statutory rights" is invoked.

  spuds 22:56 01 Dec 2006

For those in doubt about The Consumer Protection (Distance Selling) Regulation 2000 click here

  BRYNIT 23:01 01 Dec 2006

Correct me if I'm wrong but if you wanted to reject the good under the distance selling regs you should return the good as received, ie unopened.

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