Getting money back from supplier

[Del Boy]

Hi Guys,

I did write a pretty lengthy post with the relevant legislation which I think are useful in these cases but it went to the mods I think and hasn't appeared!

I think you are both covered by the Distance Selling Regulations (http://www.legislation.gov.uk/uksi/2000/2334/contents/made). If you google this you will find that unless you agreed a date for delivery, it was deemed that you should have the goods delivered within 30 days. If the seller did not meet this or an agreed date, he needs to agree a new date with you. If he hasn't he should refund you the money.

Also, and extra right you have is to cancel the deal and get a refund up to 7 days after delivery. If you haven't received the goods yet, you are well within this period! You don't have to wait for them to be delivered. They then have to reimburse you asap but definitely in 30 days.

I agree with others that a strongly written letter will help but make sure you notify them you want to cancel under the DSR or you may be too late by the time they reply to your letter!

Hope this limited knowledge helps.

Thanks,

Del Boy

P.S. Scottish law a bit different, did you buy from there?

 

[Somecamel]

Pretty sure distance selling regs only cover 'consumers' not business'.

 

[Del Boy]

Sorry! Yes if you bought it under the company name this is b2b so not covered and you'd have to check the t&cs in your contract with them.

If you bought it individually you'd be covered but I suppose no-one has done that as the vat is a different rate.

I still think it might be worth a try as although they don't have to abide by the DSR they might not know that!

If you agreed a date they are in breach of contract.

 

[Earthstore]

Don't shoot me down on this, but, "Any product or service has to be fit for the purpose that it's intended", if the order was incomplete or the delivery was late then it was not fit for purpose.
If you paid by credit card then you are covered.
These suppliers knew of the urgency, if they could not complete then they should not have taken the order.
Hope this helps and Happy Christmas.

 

[BruceB]

Generally in contract law time is not of the essence unless made specifically so. Therefore late deliveries do not get any specific compensation unless:
- a delivery date had been contractually agreed and an actual loss can be shown; or
- liquidated damages had been agreed in advance.

It is at least arguable that even though as a starting point time is not of the essence, in the run up to 12 Dec both parties were very well aware of the impact of the Government deadlines so time was implicity of the essence even if not made explicity so.

But before rushing to litigation remember the winners of court cases are often the lawyers.....

Regards
Bruce

 

[powervan]

well spoke to them today ! credit note only! i find it strange that ive purchased £16000 worth of kits from them in 1 month but they will not refund money! i canceld 1x kit one week before it arrived so they sold that kit straight on? i will keep on at them and will nome and shame very shortly if no joy!!

 

[powervan]

well lads hope u all had restful xmas!! spoke to said solar company today ! wont refund ! credit note ONLY ! im amazed that you cant get money back for goods you canceled! and they prob sold on for more money anyway! i think its a case of court action !

 

[Somecamel]

Name and Shame

 

[JD6400]

I would get on it straight away if i were you , they may well have gone bust by the time it goes to court at rate things are going !?
Go on name and shame , the toe rags deserve it !!!

 

[bris]

As B2B transaction you will by now know that DSR does not apply. The problem you have is that when you order the goods and either pay for them of even just a deposit, you have entered into a legally binding contract. You have no right to a refund and are at the mercy of the suppliers goodwill.
If you only paid a deposit and if they so desire, it is them who can chase you for their losses. You need to seek professional advice before you take them to court, you can't just simply ask for your money back, contract law is a bit more complicated than that.

 

[dansk]

gutted, get yourself down to the office/warehouse and block the doors till you get your money, its taking the pith, otherwise cut your loss and get the kit delivered. at least you will have the goods you paid for.

 

[Somecamel]

Shall I just say who I think the supplier is....

SolarEuropa by chance?

Never used them but have heard they done a lot of people over

 

[powervan]

Well somecamel u r not far off! BUT just had email MONEY BACK)))))))but it shoudnt be so hard to get money back ESP when youve spent over £15000 already!