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    distance selling help

    bought a new tv on thursday from a company called prcdirect
    they emailed me on froday saying i must call them as they had tried to phone

    after hours on phone trying to get through on saturday morning the reason they call is to try to get me to upgrade warranty buy extras and pay for the premium postage !

    i was told that the tv would not be posted for at least 5-7 working days if in stock so i told him i wish to cancel .

    over the weekend i did a bit of research and the reviews for the company are very poor so i emailed yesterday morning to say i no longer wanted it and wished to cancel my order .

    now ive just received a reply to my cancelation saying it was posted today

    i know i can cancel 7 days after receipt but as i cancelled before despatch do i reject delivery ?

    23 Comments

    call you citezen advise in the morning and find out your rights, that way its not peoples opinions

    your right to cancel as for rejecting delivery ask the company what to do? but i wouldnt accept it because some companies might say after if you didnt want it why did you accept the delivery? and you might be committing to accepting the order this way?
    Edited by: "MR1123" 10th Jan 2011

    Supermod

    Reject delivery and they will send it back. You would have the 7 working days cooling off period from the Distance Selling Regulations 2000 to fall back on if it is sent to you again.

    Supermod

    Wirley

    call you citezen advise in the morning and find out your rights, that way … call you citezen advise in the morning and find out your rights, that way its not peoples opinions



    The law is clear. It doesn't matter about opinions.

    PRC direct. Local boys, they done very well for themselves

    Original Poster

    seems dodgy to me are they hoping if they send anyway ill keep it ?

    as ive cancelled before they posted im not paying any cost incurred

    Banned

    I thought you cancelled on the phone call. Why did you email after researching the company to cancel again?

    Supermod

    mini0ne

    seems dodgy to me are they hoping if they send anyway ill keep it ?as ive … seems dodgy to me are they hoping if they send anyway ill keep it ?as ive cancelled before they posted im not paying any cost incurred



    Well you need to ensure you make them aware and return it before the expiration of your 7 working days.

    Original Poster

    master_chief

    I thought you cancelled on the phone call. Why did you email after … I thought you cancelled on the phone call. Why did you email after researching the company to cancel again?


    because i didnt think he'd action it all he was interested in was selling me more stuff
    i thought if i reply to the email as well id have my own record of when i requested cancellation of the order

    as i said i know i can cancel the order for 7 days after receipt and i paid with a credit card so i can file a claim with them

    the question im asking is

    even though ive requested it cancelled they have decided to despatch anyway so does that legally make me liable for return costs ?

    Original Poster

    magicjay1986

    Well you need to ensure you make them aware and return it before the … Well you need to ensure you make them aware and return it before the expiration of your 7 working days.



    i have made them awair i didnt know if i can reject the delivery or if im expected to cover return costs even though i cancelled order before they posted ?

    Supermod

    mini0ne

    because i didnt think he'd action it all he was interested in was selling … because i didnt think he'd action it all he was interested in was selling me more stuff i thought if i reply to the email as well id have my own record of when i requested cancellation of the order as i said i know i can cancel the order for 7 days after receipt and i paid with a credit card so i can file a claim with them the question im asking is even though ive requested it cancelled they have decided to despatch anyway so does that legally make me liable for return costs ?



    You need to prove that you purported to cancel the contract on the telephone and therefore the item was sent in error.

    The only way that you are required to cover the return costs of postage would be if you didnt cancel the contract and a term of this is that the buyer is responsible for covering the cost of postage for returning the item.

    I think, if what you say is true, you should not have to pay the postage costs if you can prove that you cancelled before the item was posted (or it was not possible to stop the item being sent).

    DSR is quite clear,

    u recieve the item, within 7 days of reciept, you can return the item (postage costs will be refunded).

    all you have to do is notify the company that you wish to return under the DSR, either by phone or email but email is better as there is a physical trace of you doin so.

    when they recieve it they should refund your money within 30 days. as for postage, you will need to scan and email a photo of the postage reciept, the cost of which (if viable) will also be refunded.

    items can be opened but must be all back in original packaging with all accessories etc.

    though your best route may be to refuse delivery, to avoid postage costs, but this way you may find it hard to fight for your money back..
    Edited by: "DudeyGeeza" 10th Jan 2011

    Original Poster

    i cant prove that i cancelled over the phone though can i? wouldnt my email yesterday count ?
    they replied to my email today never mentioning my request to cancel just stated it was posted

    i was told as i cose not to upgrade to premium postage it would not be despatched for 5-7 working days so how come they despatched in 1 day?

    im gonna reject the parcel and contact my credit card company i think

    Original Poster

    DudeyGeeza

    DSR is quite clear,u recieve the item, within 7 days of reciept, you can … DSR is quite clear,u recieve the item, within 7 days of reciept, you can return the item (postage costs will be refunded).all you have to do is notify the company that you wish to return under the DSR, either by phone or email but email is better as there is a physical trace of you doin so.when they recieve it they should refund your money within 30 days. as for postage, you will need to scan and email a photo of the postage reciept, the cost of which (if viable) will also be refunded.items can be opened but must be all back in original packaging with all accessories etc.



    thanks that's what i thought

    Supermod

    DudeyGeeza

    DSR is quite clear,u recieve the item, within 7 days of reciept, you can … DSR is quite clear,u recieve the item, within 7 days of reciept, you can return the item (postage costs will be refunded).all you have to do is notify the company that you wish to return under the DSR, either by phone or email but email is better as there is a physical trace of you doin so.when they recieve it they should refund your money within 30 days. as for postage, you will need to scan and email a photo of the postage reciept, the cost of which (if viable) will also be refunded.items can be opened but must be all back in original packaging with all accessories etc.though your best route may be to refuse delivery, to avoid postage costs, but this way you may find it hard to fight for your money back..



    The rules are different for return postage under Distance Selling Regulations 2000 (in particular Paragraph 3.55 and 3.10).

    When exercising their right under the DSR and, at the point of contracting, the consumer is made aware that they will be responsible for covering the cost of returning the items that will stand.

    Original Poster

    magicjay1986

    The rules are different for return postage under Distance Selling … The rules are different for return postage under Distance Selling Regulations 2000 (in particular Paragraph 3.55 and 3.10). When exercising their right under the DSR and, at the point of contracting, the consumer is made aware that they will be responsible for covering the cost of returning the items that will stand.



    surely they cant expect me to pay for return postage after they despatched after receiving my cancelation request though?

    Supermod

    mini0ne

    surely they cant expect me to pay for return postage after they … surely they cant expect me to pay for return postage after they despatched after receiving my cancelation request though?



    Which goes back to my question of how you prove you cancelled the contract. Are their calls recorded? Who did you speak with? What time did you speak with them?

    Was it possible for the item to be stopped from leaving.

    This could be irrelevant in any case if they did not make you aware of the return postage obligations.
    Edited by: "magicjay1986" 10th Jan 2011

    Original Poster

    They never told me anything
    i called all morning saturday finally getting an answer at 10.30am
    i can prove i sent the email

    what is annoying me is i was told it was arranged for 5-7 working days minimum now because ive cancelled it was posted on a next day ?

    Supermod

    mini0ne

    They never told me anything i called all morning saturday finally getting … They never told me anything i called all morning saturday finally getting an answer at 10.30ami can prove i sent the email what is annoying me is i was told it was arranged for 5-7 working days minimum now because ive cancelled it was posted on a next day ?



    I can only imagine they said that as a worst case scenario to make themselves look efficient with it arriving the next day.

    What did their employee say when you said that you wanted to cancel the item?

    Original Poster

    magicjay1986

    I can only imagine they said that as a worst case scenario to make … I can only imagine they said that as a worst case scenario to make themselves look efficient with it arriving the next day. What did their employee say when you said that you wanted to cancel the item?




    something along the lines of i cant deal with that you need to do it in writing tbh honest i couldnt understand half of what he said as he had a very strong asian accent
    Edited by: "mini0ne" 10th Jan 2011

    Supermod

    mini0ne

    something along the lines of i cant deal with that you need to do it in … something along the lines of i cant deal with that you need to do it in writing tbh honest i couldnt understand half of what he said strong asian accent



    Then you might have a problem if you did not cancel as per their requirements. However, this is irrelevant if they did not make you aware of returns postage procedure.

    I very much doubt you would have problems when refusing delivery.

    Banned

    DudeyGeeza

    DSR is quite clear,u recieve the item, within 7 days of reciept, you can … DSR is quite clear,u recieve the item, within 7 days of reciept, you can return the item (postage costs will be refunded).



    Obviously not that clear as thats not the case at all.


    magicjay1986

    This could be irrelevant in any case if they did not make you aware of … This could be irrelevant in any case if they did not make you aware of the return postage obligations.



    In their T&C's they state

    You have 7 working days from the day after delivery during which you may … You have 7 working days from the day after delivery during which you may notify us in writing, by email ([email protected]) of your intention to cancel the sale contract and return the goods. Returned goods not complying with this will be rejected and returned to you at your cost. Please note email notification is preferred. Please note that you are responsible for the cost of the return of the goods and that the goods must be in a merchantable condition. The cost of any items missing will be charged to you directly.

    DudeyGeeza

    DSR is quite clear,u recieve the item, within 7 days of reciept, you can … DSR is quite clear,u recieve the item, within 7 days of reciept, you can return the item (postage costs will be refunded).all you have to do is notify the company that you wish to return under the DSR, either by phone or email but email is better as there is a physical trace of you doin so.when they recieve it they should refund your money within 30 days. as for postage, you will need to scan and email a photo of the postage reciept, the cost of which (if viable) will also be refunded.items can be opened but must be all back in original packaging with all accessories etc.though your best route may be to refuse delivery, to avoid postage costs, but this way you may find it hard to fight for your money back..



    lol
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