Dabs - how do I get them to respond to my problem?

Yes, but....

a) Until the goods get back to Dabs, he won't get hos refund. If they
never lefdt Dabs, he'll be waiting forever.

Is this actually the case, the way the DSR are worded the refund should be
made within 30 days if the goods are returned or not and then the vendor has
to recover the goods and claim back the cost through civil courts - sounds
too silly to be true but the wording could be read as such.

b) Dabs' T&Cs no doubt absolve them (as the DSR allows) from covering
DSR return shipping. So he'll end up paying the shipping charges.

Stating in T&C's is not considered acceptable according to the OFT, a
customer must be informed of the right to cancel and who is responsible for
carriage costs by means of e-mail, fax or on the 'written invoice, at latest
at time of despatch / receipt else the vendor becomes liable for return
costs.
No doubt DABS are aware of this and have it somewhere on the confirmation
e-mail.

Better to get a credit card chargeback. And it'll hurt Dabs a little
more...

AGREED - above points are just Devil's advocate, use the C/Card company, you
get a full refund and DABS get hit with an extra £5 - £15 depending on their
merchant terms, if the goods turn-up in the meantime just refuse the
delivery.

--
Bob Eager
rde at tavi.co.uk
PC Server 325*4; PS/2s 9585, 8595, 9595*2, 8580*3,
P70...

Mike Scott wrote:
On 11 Dec 2003 11:07:40 GMT, wrote:

John Geddes wrote:
Ordered a supposedly in-stock item last Wednesday.

Emailed by Dabs the next day to say "The parcel has physically left
dabs.com."
It was supposedly sent by Parecelforce, for next-day delivery. Dabs
followed up with an email to confirm they have taken the money from my
Credit Card.

Six days later, Parcelforce checked all their systems for me, and tell
me they have still not collected the item from Dabs.
...
You don't actually have to cancel the order, use the DSR and simply
return the goods if/when they arrive. Notify DABS by letter or E-Mail
that you are doing this and they haven't a leg to stand on - they

Use recorded delivery snail mail for proof. email is deniable.

Maybe, but according to the OFT site you don't have to 'prove' you
sent it, just your word will be sufficient. If DABS can't cope with
incoming mail then that's their problem. I guess a copy of the
outgoing mail from your sentmail would help but it doesn't even seem
that that's necessary.

--
Chris Green )

John Geddes wrote:
wrote in message ...

You don't actually have to cancel the order, use the DSR and simply
return the goods if/when they arrive. snip


Thanks - but what is a DSR (and how do I use it), please?

The Distance Selling Regulations.

--
Chris Green )

Bob Eager wrote:
On Thu, 11 Dec 2003 11:07:40 UTC, wrote:

You don't actually have to cancel the order, use the DSR and simply
return the goods if/when they arrive. Notify DABS by letter or E-Mail
that you are doing this and they haven't a leg to stand on - they
*must* refund the cost. The OFT site says they must refund quickly
and at the very most within 30 days. If no refund arrives I would
threaten small claims procedure.

Yes, but....

a) Until the goods get back to Dabs, he won't get hos refund. If they
never lefdt Dabs, he'll be waiting forever.

Not true, if they haven't been delivered and/or he's returned them it
matters not a bit if they haven't got to DABs.

--
Chris Green )

wrote:

Use recorded delivery snail mail for proof. email is deniable.

Maybe, but according to the OFT site you don't have to 'prove' you
sent it, just your word will be sufficient. If DABS can't cope with
incoming mail then that's their problem. I guess a copy of the
outgoing mail from your sentmail would help but it doesn't even seem
that that's necessary.

There are a number of situations where the onus is not on the consumer
to provide proof but on the retailer to provide evidence to counter
the claim. However, when it comes down to it, in the real world
Consumer Protection law provides nothing more than a set of guidelines
for far trading. That is, until the point law is applied as statutory
instruments within in a court of law and, should the matter go that
far, it will be necessary to present some evidence to support the
complaint.

E-mails *are* considered to be legal correspondence, so a print-out of
an e-mail would probably suffice and the burden of proof would be on
DABS to demonstrate they *didn't* receive it, which I would think is
virtually impossible even if true.

--
iv Paul iv

[ Mail: ]
[ WWW: http://www.hopwood.org.uk/ ]

On Fri, 12 Dec 2003 11:07:18 UTC, wrote:

a) Until the goods get back to Dabs, he won't get hos refund. If they
never lefdt Dabs, he'll be waiting forever.

Not true, if they haven't been delivered and/or he's returned them it
matters not a bit if they haven't got to DABs.

I agree...in general. But in that case the DSR would not be appropriate.

--
Bob Eager
rde at tavi.co.uk
PC Server 325*4; PS/2s 9585, 8595, 9595*2, 8580*3,
P70...

On Fri, 12 Dec 2003 16:23:16 +0000, Paul Hopwood
wrote:

wrote:

Use recorded delivery snail mail for proof. email is deniable.
....
far, it will be necessary to present some evidence to support the
complaint.

E-mails *are* considered to be legal correspondence, so a print-out of
an e-mail would probably suffice and the burden of proof would be on
DABS to demonstrate they *didn't* receive it, which I would think is
virtually impossible even if true.

Be that as it may, a signature bars them from even trying the "we
didn't get anything" argument. It also shows you're serious.

--
Please use the corrected version of the address below for replies.
Replies to the header address will be junked, as will mail from
various domains listed at www.scottsonline.org.uk
regards. Mike Scott Harlow Essex England.(unet -a-t- scottsonline.org.uk)

On Fri, 12 Dec 2003 01:32:55 +0000, -=^OmeN^=-
wrote:
....
You don't actually have to cancel the order, use the DSR and simply
return the goods if/when they arrive. Notify DABS by letter or E-Mail
that you are doing this and they haven't a leg to stand on - they

Use recorded delivery snail mail for proof. email is deniable.


This may be of use...

http://www.readnotify.com/readnotify/about.asp

ReadNotify provides these easy-to-use additions to your email:

Full Tracking, so you can reliably find out when your email gets opened,
how long it gets read for, whether or not it gets forwarded to someone
else or published on the internet, where the reader is located, and much
more.
(etc, etc).

Or not. It *cannot* work with all recipient mail systems, which is
what would be needed. I can only imagine it sticks some sort of
tracking html link into a mail message - which would probably, for
example, simply cause the mail to bounce from my own system, or the
link would be ignored should it get through.

Sounds more like a way to build up mailing lists to me......

--
Please use the corrected version of the address below for replies.
Replies to the header address will be junked, as will mail from
various domains listed at www.scottsonline.org.uk
regards. Mike Scott Harlow Essex England.(unet -a-t- scottsonline.org.uk)