Empire Stores surcharge - Can they do it? - HotUKDeals
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#1
The best thing for you to do is contact Consumer Direct who are brilliant, they have helped me on numerous issues, check there web site for details on
http://www.consumerdirect.gov.uk/
#2
Thanks crazy, I'll do that
#3
Ooooooo http://forums.moneysavingexpert.com/images/smilies/new/eusa_naughty.gif

Did you use the card to pay for the items after you received them?
I still think it's out of order. http://forums.moneysavingexpert.com/images/smilies/new/eusa_naughty.gif

Thinking about this, I would contact your Credit Card provider and see what they have to say.
You could also tell them it was a fraudulent transaction and you would like to dispute it.
#4
I paid for the goods at the time of ordering, so they weren't sent, and Empire didn't tell me anything until several days later when I received their letter.

MBNA actually charged me £12, which they kindly refunded after I called them (I honestly thought that once the limit on the card was reached, it would just be declined and that would be the end of it).

I haven't paid the £15 which are still sitting on my account at Empire and, according to them, must be paid by 30 October.

Wonder what might happen after that...:o
#5
ConsumerDirect are reliable when it comes to these "hidden Charges" situations. EmpireStores are just trying to pull a fast one.
[mod]#6
[SIZE=2]Hi Thom, these charges are ridiculous ... have you tried ringing/ mailing empiredirect and asking them nicely to remove the charges this time. It might work and it might not but one thing i would be very careful of is if its not sorted by 30th October they may slap on a late fee?![/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]Hope you get this all sorted :) [/SIZE]
#7
Bank 'penalty charges' were recently ruled illegal, I doubt that similar charges from stores that act as a bank will be looked upon favourable by credit card companies etc.
#8
here's their reply, I'm not convinced...


Thank you for your email.
If a request for payment using information provided by a customer is declined
we reserve the right to add an administration charge. This is as listed in the
terms and conditions of shopping with us as detailed in our current catalogue
and posted on our web site. A letter is then sent to advise the customer.
For further information why this payment was declined please contact the
card issuer as it is they who have made the decision to decline the request.
Kind regards
Angela Horsfall
#9
I have received the following answer from consumerdirect.
Looks like I'm going to have to fork out...
I've also received my statement from Empire Stores requesting payment for the jeans they haven't even sent!:x

Last time I use them, that's for sure...



Many thanks for your enquiry, Consumer Direct (South West) is the Government Helpline funded by the Office of Fair Trading (OFT) dealing with calls and emails to Trading Standards departments in the South West.

A seller is entitled to include terms in the contract which impose a charge should an obligation not be met by the consumer. In your case the obligation was to use a card which would be accepted.

However, if the charge imposed is disproportionate to the actual costs Empire Stores incurs due to the credit card being rejected, that term will be deemed 'unfair' by the Unfair Terms in Consumer Contracts Regulations 1999. Where a term is deemed unfair that term, is void.

If you believe the term to be unfair, I would suggest writing to empire stores highlighting the above. If Empire Stores still refuse to deliver the jeans until you have made payment, you have the option of cancelling your order at any time in accordance with the Consumer Protection (Distance Selling) Regulations 2000. The Regulations give you the right to cancel your order by communicating this in writing (email, letter or fax). The attached example letter may be of use.
#10
If Empire Stores still refuse to deliver the jeans until you have made payment, you have the option of cancelling your order at any time in accordance with the Consumer Protection (Distance Selling) Regulations 2000. The Regulations give you the right to cancel your order by communicating this in writing (email, letter or fax). The attached example letter may be of use.

just cancel the order for the jeans, thus removing the fee
#11
Do what they advised and say to Empire in no uncertain terms that you deem the charge to be unfair under the above act and thus would like it removed from your account. It clearly doesn't cost them £15 to have a credit card denied then send you a simple form letter and thus that's a penalty charge not an admin fee.
#12
All sort of companies are charging you stuff left right and center. I had something like this happening with Studio Cards. Two months on the trot they charged me a late fee of £20!!! Even though the six pounds and pennies I owed them were paid. Mind you I tested them by sending the amount with several cheques instead of one, 20 to be precise. They managed to "lose" half of my cheques, and charged me £20 for non payment of £3.

I rang them up and gave them such hell and threaten to report them to the retail equivalent of Ofcom Oftel etc. They reimbursed me £40. Needless to say I will NEVER get anything again from them Friends have told me that IKEA, and Freemans catalogue do exactly the same. :x
#13
iv got something like that recently... didnt pay much attention... i saw somethign about there being a charge of £3 for something, but i didnt think i got charged... will check my statement

nothing yet... but i didnt just get the letter today so who knows
#14
Result!

After a few (angry) emails, I finally received this answer:


Thank you for your email.
I am writing in response to your recent enquiry regarding the administration
charge on your account.
Details of the charges are printed in the company policy in the back of our
current catalogue.
As a gesture of goodwill, I have on this occasion credited your account with
the charge. Please ensure that all future payments are made by the due date to
prevent further charges being incurred.
I trust that this matter has now been resolved to your satisfaction.


Persistence pays :p
#15
Thom
Result!

After a few (angry) emails, I finally received this answer:


Thank you for your email.
I am writing in response to your recent enquiry regarding the administration
charge on your account.
Details of the charges are printed in the company policy in the back of our
current catalogue.
As a gesture of goodwill, I have on this occasion credited your account with
the charge. Please ensure that all future payments are made by the due date to
prevent further charges being incurred.
I trust that this matter has now been resolved to your satisfaction.


Persistence pays :p


excellent :) one up for the consumers :thumbsup:
#16
I recently received a letter for a second demand of payment and 2nd late fee charge on my account from La Redoute.
Those who are aware it was just after my Credit Card Fraud problems.
When I phoned to say I had never received the 1st demand to pay the first late fee, the lady was very obliging and removed both the fees and allowed me to pay the amount that I owed for the items in question there and then, It was hassle free and I would certainly do business with La Redoute again because of it.
X10

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