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#11
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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... |
#13
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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 ) |
#14
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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 ) |
#15
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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/ ] |
#16
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#17
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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) |
#18
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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) |
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