Consumer Online Law Question

[marc_conlon]

Hi
My (16 year old) booked an event online with a trader who (when she tried to change arrangement) told her she was too young (needed to be 18+) but refused to offer a refund.
I've had a read of Consumer Contract Law (replaced Distance Selling?) and see no defence for their position.
Any consumer law types here who could point me towards something that might?
I fancy using this as a "teaching moment" about pre-action protocol letter and Small Claims Court Online but wanted to check I wasn't in shakey ground. Eg. Does the £42 min value apply here?
Many thanks for any replies on a Friday PM!
Marc

[echat11]

Hi MARC_CONLON

How did your daughter pay?

[marc_conlon]

Hiya
Thanks for replying.
By debit card. (Were you hoping credit card?)
Marc

[echat11]

Is there any reason why you can't do a charge-back?

https://www.which.co.uk/consumer-rig...k-abZ2d4z3nT8q

[marc_conlon]

I didn't realise chargebacks were permitted on Debit cards - we'll give that a go, thanks.
As the trader has already refused to refund, I imagine given the option by their merchant processor, they will refuse again.
Their positiin is "You knew it was over 18" whereas my argument is that, according to Consumer Contract Law, cancellations are an entitlement and no reason need be given.
https://www.legislation.gov.uk/uksi/...lation/29/made

My concern is that, I believe in previous Distance Selling Regs, a minimum order value of £42 was required otherwise the consumer protections did not apply.

Any idea if this £42 min order value still exists?

Thanks

[echat11]

There isn't a minimum, ask the card provider to refund the charge. If they fail to do so, explain that you will take the matter to the FOS. The card provider will have to pay the FOS the fees for looking into the matter. It will be approximately 10 times what you are trying to claim back, if for example you are trying to claim back £50. Send them the following template (click Start Your Claim):

https://www.which.co.uk/consumer-rig...k-abZ2d4z3nT8q

Please update the thread.