Marks & Spencer £99.99 LCD TV - Where do i stand?

hotukdeals.com/dea…e=2

I bought 2 of the TV's from this thread, one for me one for my brother.

I recieved a dispatch confirmation for one TV, which contained the line "Please note, this email indicates our acceptance of your offer to purchase the above."

2 minutes later i got an email from customer services saying they were sorry but had to cancel my order as the TV's were now unavailable (I had placed the order about a week ago)

He went on to say they were refunding me half by refund to my card and half by cheque, which will take up to 2 weeks!


I just wondered if there was anything in the distance selling regulations regarding this, if they've accepted my order and "dispatched" are they obliged to provide me with the TV or suitable alternative? or can they just refund me in this unusual manner.

Thanks in advance for any help/advice and sorry if its a little confusing.

15 Comments

Supermod

Usually they should refund the money back to you by the methods that they received it. If it came to them by payment from your card it should be sent back to this card. Did they give a reason for why they are using this quite unusual way of sending you back your money?

Are you able to copy and paste their terms and conditions to me in a PM so I can review these in conjunction with the Consumer Protection (Distance Selling) Regulations as well as the Electronic Commerce Regulations.

They can just refund you as the product is no longer available. You should ask for the full amount refunded to your card though instead of them missing you about with cheques?

Banned

milesy29

They can just refund you as the product is no longer available. You … They can just refund you as the product is no longer available. You should ask for the full amount refunded to your card though instead of them missing you about with cheques?



Not if there is a contract in place (as indicated above - but not having read everything there might not be), they can't just cancel the contract if they feel like it.
However getting anything from them will probably involve starting court action.

PM MJ as he has suggested.

Have you rang and asked why they want to do it like they say?

Assuming you are using a credit card to purchase, this changes things a lot. You have a deal with your card company and so do they.

By refunding you by cheque, not to the card, they would effectively be giving you a cash advance which is illegal and very much against the T's & C's of the credit card transaction.

You can demand a refund to the car and, if they refuse, contact your card provider.

Original Poster

Used a visa debit card ben,does that apply?

Thanks to MJ he's been very helpful with this

eca07mc

Used a visa debit card ben,does that apply?Thanks to MJ he's been very … Used a visa debit card ben,does that apply?Thanks to MJ he's been very helpful with this



No protection on a debit card, as far as I know. Consumer Credit Act certainly doesn't apply, so you can ignore all the rights I said you might have.

Odd they wouldn't give you a single credit in full though - makes it look like they've got cashflow issues?

colinsunderland

they can't just cancel the contract if they feel like it.However getting … they can't just cancel the contract if they feel like it.However getting anything from them will probably involve starting court action.



^^^This.

Supermod

thesaint

^^^This.



There must be a reason why they have but it looks as though they don't want to say why...! Suspicious.

Chargebacks cover Visa Debit cards also:

info


eca07mc

Used a visa debit card ben,does that apply?Thanks to MJ he's been very … Used a visa debit card ben,does that apply?Thanks to MJ he's been very helpful with this

eca07mc

Used a visa debit card ben,does that apply?Thanks to MJ he's been very … Used a visa debit card ben,does that apply?Thanks to MJ he's been very helpful with this

No brainer then. Cash the M&S cheque and then implement chargeback

Supermod

ro53ben

No brainer then. Cash the M&S cheque and then implement chargeback



Uh oh!!

I really would like to know why they are insisting on this method of payment.

I've never heard anything like this,more so with a company such as M & S why on earth would they refund in this way

Supermod

deb8z

I've never heard anything like this,more so with a company such as M & S … I've never heard anything like this,more so with a company such as M & S why on earth would they refund in this way



That is what I am struggling to understand. I genuinely cannot see any reason why they would want to do this.

magicjay1986

That is what I am struggling to understand. I genuinely cannot see any … That is what I am struggling to understand. I genuinely cannot see any reason why they would want to do this.



Yeah, I hinted cashflow problems above. Maybe they are stalling until pay day?

Supermod

ro53ben

Yeah, I hinted cashflow problems above. Maybe they are stalling until pay … Yeah, I hinted cashflow problems above. Maybe they are stalling until pay day?



Quite possibly!! Subject to the OP not getting a satisfactory response from M&S, and them not minding, I would be quite happy to draft an email to M&S to see what they are up to!!
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