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Law people, lend me your ear

Discussion in 'General Discussion' started by PiKe, 3 Feb 2006.

  1. PiKe

    Capodecina

    Joined: 18 Oct 2002

    Posts: 24,675

    Location: Lake District

    I need some advice from students or solicitors that may be reading this

    If a company sends you a cheaper item in place of another, which you aren't informed about, then charged the same as the more expensive item, would you be entitled to be compensated even if the terms and conditions say

    Surely if it went to court the judge would deem that as unreasable and disregard it?

    I'm not going to bow down to this, that's what they are counting on, if I kick up enough of a fuss they'll give in.
     
  2. Nix

    Capodecina

    Joined: 26 Dec 2005

    Posts: 19,841

    *Throws ear at PiKe*
     
  3. DRZ

    Soldato

    Joined: 2 Jun 2003

    Posts: 6,832

    Location: In the top 1%

    Request a full refund immediately. Assuming you bought mail order, they have no choice but to give you your money back.
     
  4. PiKe

    Capodecina

    Joined: 18 Oct 2002

    Posts: 24,675

    Location: Lake District

    Aparently not, they keep pointing me to that clause, you can't speak to these people at all. Is there a law that they must refund all my money?
     
  5. DRZ

    Soldato

    Joined: 2 Jun 2003

    Posts: 6,832

    Location: In the top 1%

    Under the Distance Selling Regulations, yes. Also, if you bought it on your Credit Card, there is the Consumer Credit Act.

    As far as I see it (and I have no legal training whatsoever) they are in breach of contract (you entered into a contract of sale for something and they sent you something else) and so both parties should be put back into the position they were in prior to entering into the contract.
     
  6. PiKe

    Capodecina

    Joined: 18 Oct 2002

    Posts: 24,675

    Location: Lake District

    That's what I like to hear :D
     
  7. WHAT!!!

    Wise Guy

    Joined: 5 Aug 2004

    Posts: 1,784

    Location: S Wales

    would that include postage cost which i would pay them for them to send me the item and then for me to send it back to them ?
     
  8. zain

    Mobster

    Joined: 4 Jun 2005

    Posts: 3,773

    They didnt provide the good as described - Trading Standards violation

    The value was below that of the expected item but did you agree to this?

    It depends on what the amount of the item is and is it worth pursueing. If you didnt agree to having this replacement item and even if it says its ok in their T&Cs its still against the law.
     
  9. sativa

    Wise Guy

    Joined: 1 Jan 2004

    Posts: 1,389

    Location: UK

    Request a refund, if they don't oblige witihn 7 days, ask them who and where papers should be sent for your claim to the Court.
     
  10. Wyrdo

    Capodecina

    Joined: 19 Feb 2004

    Posts: 15,054

    Location: Darlington, UK

    As has been said, distance selling regulations. You're entitled to a full refund if you notify them you are sending the item back within 7 days. you may have to pay the postage fees though, think that might depend on the company.
     
  11. PiKe

    Capodecina

    Joined: 18 Oct 2002

    Posts: 24,675

    Location: Lake District

    They said they'll refund minus postage which is unacceptable.