Distance Selling Regs?

Page may contain affiliate links. Please see terms for details.

XmisterIS

Purveyor of fine nonsense
I am after a bit of money law advice here.

The long, short, fat and skinny is as follows:

I bought some building materials for the princely sum of £90 from an online seller.

It turns out that the seller is not actually the seller, they're like an EBay site for building materials, and the physical product is actually supplied by a local company. (local to wherever you are in the country).

Today the local company in question phoned me up and said, "sorry guv, we don't stock that".

When I asked for a refund, they said they couldn't refund me because the transaction is not with them, it's with the company running the website.

There's no phone number on the website (convenient, that is!), but I'd paid through PayPal and on the reciept, the transaction is actually through yet another company!

So ... I got onto Google and found the address and phone number of the people I've actually given money to and I gave them a bell.

The first thing they said was, "we just handle the money, we don't process the order".

"Well, fine", I said, "But my transaction is with you, so you need to give me the money back".

They did seem pleasant and helpful probably because I have a diplomatic approach to these things.

I've checked the distance selling regulations and it seems that I have at the very least 7 days to cancel the order in writing, which can be by email (according to the law) and so that's what I've officially and formally done - I've emailed the person I was speaking to and said, "in accordance with <blah> I hereby cancel the order and request a full refund".

I think that's the most important thing because it puts the law completely on my side.

Now, in the event that I get the old "it's not our problem, it's their problem" with all three parties pointing fingers at each other, what can I do to get my £90 back without getting trading standards involved? If I do have to get nasty, could I get the police involved? I ask because I reckon that taking money for something that doesn't exist is called "stealing" or "fraud".

I am not going to name-and-shame anyone here because they may yet give me my money back ASAP and smoothly too. I hope so!
 

upsidedown

Waiting for the great leap forward
Location
The middle bit
Isn't there a way of doing a chargeback on Paypal ? Failing that if your Paypal account is linked to a credit card your credit card issuer will have to stump up for it as you have not received the goods.
 

ttcycle

Cycling Excusiast
Have you looked on trading standards website? Their may be some useful info on there if you've not checked yet- I have limited knowledge here but I assume the person you contacted first is the one the buck should land with- they are the people 'selling' the item - yes there will be people handling the fee but they technically won't be the ones selling it surely - it's like a seller on ebay trying to get paypal or ebay to deal with the refund when the transaction rests with them.

If all else fails - there is the option of a small claims court. You've done the right thing in emailing them to cancel the order.

Hope the trading standards page is useful - direct gov might also have more info too.

Good luck- sounds like some ridiculously convoluted process - kinda dodgy looking in from the outside!
 
OP
OP
XmisterIS

XmisterIS

Purveyor of fine nonsense
It does all seem a bit convoluted and a little dodgy! Obviously I can't stop the payment now because it's gone through, but I've sent the same email to all three parties concerned and I've opened a dispute with PayPal.

I hadn't thought of chargeback though, thanks, I'll have a look at that. If I can just do chargeback straight off my own bat at no further cost, then I'll do that.
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
If only we could go somewhere near where we live, select what we want, check it's complete and pay for it with a token in exchange, with the ability to return it to the same place if it proves to be faulty...
 
OP
OP
XmisterIS

XmisterIS

Purveyor of fine nonsense
All sorted! They were rather unresponsive until I sent another email quoting the distance selling regs chapter, line and verse ... approximately 5 mins after that full a refund appeared in my paypal account!
 

spen666

Legendary Member
Isn't there a way of doing a chargeback on Paypal ? Failing that if your Paypal account is linked to a credit card your credit card issuer will have to stump up for it as you have not received the goods.
not so re CC company if order is less than £100
 

thomas

the tank engine
Location
Woking/Norwich
Isn't there a way of doing a chargeback on Paypal ? Failing that if your Paypal account is linked to a credit card your credit card issuer will have to stump up for it as you have not received the goods.


It does all seem a bit convoluted and a little dodgy! Obviously I can't stop the payment now because it's gone through, but I've sent the same email to all three parties concerned and I've opened a dispute with PayPal.

I hadn't thought of chargeback though, thanks, I'll have a look at that. If I can just do chargeback straight off my own bat at no further cost, then I'll do that.

Do a chargeback. Paypal seem to always side with buyers (so won't try to dispute it), plus, the dodgy seller will have to pay the chargeback fees which will make them think twice about ripping you off again.
 
Top Bottom