Suing Trading Standards for Inaction

[3guesses]

I am planning on taking my local Trading Standards department to court to force them to perform their stated function of enforcing consumer protection legislation. Specifically, they are point-blank refusing to enforce my rights under the Distance Selling Regulations in the instance that a retailer has refused to refund my money after I cancelled my transaction with them. Does anybody have any advice for me or any further useful comments?

Thanks very much.

[natweststaffmember]

Re: Suing Trading Standards for Inaction

I am planning on taking my local Trading Standards department to court to force them to perform their stated function of enforcing consumer protection legislation. Specifically, they are point-blank refusing to enforce my rights under the Distance Selling Regulations in the instance that a retailer has refused to refund my money after I cancelled my transaction with them. Does anybody have any advice for me or any further useful comments?

Thanks very much.

Can you explain a bit more as to the circumstances around this, what response TS gave, etc,etc

EDIT: And a warm welcome to Legal Beagles

[3guesses]

Re: Suing Trading Standards for Inaction

Hi,

OK, basically I emailed the retailer a few days after receiving the item and informed them that I wasn't happy with it and wanted to return it for a full refund. The item has been returned to the retailer but they have refused to refund me. The DSR legislation categorically requires them to do so within 30 days (I believe) of my giving them a notice of cancellation. After a LONG correspondence with Trading Standards, they refused to refer it to the retailer's local Trading Standards department and as a result I am halfway through their seemingly pointless complaints procedure. I don't expect to get TS to reverse their decision, so that leaves me no choice but to force them to execute their duty through the courts.

Hope that helps.

[TUTTSI]

Re: Suing Trading Standards for Inaction

Hi 3 Guesses

I bought some lighting and when we got home we decided that we wanted to return one of the items as we bought to much and promptly returned the next day. They flatly refused to refund or credit and we called the TS and same response as you.

[Amy]

Re: Suing Trading Standards for Inaction

Why don't you simply sue the retailer for your loss?

You must sue for something tangible that you have lost or it becomes a Part 8 claim. Is this what you intend?

[Paule]

Re: Suing Trading Standards for Inaction

What were the goods and what does the traders T&C state with regard to returns and refunds

[3guesses]

Re: Suing Trading Standards for Inaction

Tuttsi:

The Distance Selling Regulations give consumers the right to return an item up to 7 business days after receiving it. This is to allow them an opportunity to examine the item as they would in a shop, but which, by its nature, they cannot when buying at a distance.


Amy:

Why should I have to? That is what Trading Standards is there for: to enforce consumer protection legislation. I plan to sue TS for the time I have spent trying to get them to do their job, and will also ask the court to direct them to do their job. If, once TS have done their job, the retailer still has not refunded the money, I will sue them too.
------------------------------- merged -------------------------------
PKea:

The item was a computer. The trader's T&C's make no reference to returns or refunds, and I was not actually even referred to them at the time of the purchase, yet alone asked to agree to them. Regardless, the DSR's CATEGORICALLY require the retailer to make the refund in the event of a cancellation, without exception. There is no dispute that the retailer is required to refund me; my dispute is that Trading Standards refuse to do anything about it.

[Amethyst]

Re: Suing Trading Standards for Inaction

Do you have the final response from Trading Standards - what reasons have they given for failing to enforce the DSR ?

Also I assume the computer was over £100 - did you pay by credit / visa debit if so you could make a sec 72 claim ?

[Paule]

Re: Suing Trading Standards for Inaction

Was it an 'off the shelf' product or was it bespoke?

Who is the trader?

[3guesses]

Re: Suing Trading Standards for Inaction

Amethyst:

They've tried to wriggle out of it by claiming that I wasn't clear that I was cancelling the transaction under the DSRs. The DSR legislation makes no such stipulation: it states that a notice of cancellation is simply one that indicates the consumer's intention to cancel the transaction. I don't think any reasonable person would dispute that stating I wished to return the item for a full refund was a clear indication of my intention to cancel. The TS guy who initially dealt with the issue came to the decision that he wouldn't be taking any action very early on, and unsurprisingly his serniors are refusing to reverse this decision but cannot justify it.


PKea:

Off the shelf. Trader is CBC Computers.

[Amethyst]

Re: Suing Trading Standards for Inaction

so you bought a computer, had it delivered, decided against it and returned it(or arranged for them to collect) to the seller and requested a refund. Any services etc included in the original purchase?

standard retail transaction ? (ie not an auction or personal spec product) EDIT: answered in last post ta. oh and Returns - CBC Computer Systems Ltd

You are right you don't have to specify you are returning/cancelling under DSR.

So TS havent refused to act, they are just refusing to act yet?

How long has it been since you returned the computer and requested the refund?



This is their T&C

First, contact our Customer Support Dept be emailing us at onlinestore@cbccomputers.com and request an RMA (Return of Material Authorisation) form.
Fill the form in and return it to us as soon as posisble.
Providing the above conditions are met we will then issue an RMA number. Only then may you return the goods to us. Please make sure that the RMA number is visible on the outside of the packaging.
Once we have examined the goods and are happy with the condition of them we will issue you with a refund, minus any delivery charges.
Please note items that are sent to us without a valid RMA number will not be accepted.

But yes thats not a requirement under the DSR. Actually are they even allowed to say they won't accept items without the invention RMA number? A few companies seem to use it tho.

http://www.oft.gov.uk/shared_oft/bus...ral/oft913.pdf
&
http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

3.26 They must tell you in writing, or in another durable medium, if they
want to cancel. This includes letter, fax or email. A phone call is not
enough unless you say in your terms and conditions that you will
accept cancellations by phone.

[natweststaffmember]

Re: Suing Trading Standards for Inaction

Out of interest, did you speak with consumer direct?

[3guesses]

Re: Suing Trading Standards for Inaction

Amethyst;

The DSRs are very carefully worded, and take complete precedence over anything stated in a trader's T&Cs. The computer was returned in the same condition in which it was received. No services or anything else extra. The DSRs give consumers a great deal of power and require the trader to make the full refund within 30 days even if they haven't had the goods returned to do them. This has been ongong since the beginning of January...

TS have said they won't be taking any further action. I am in the middle of their complaints procedure in this respect but don't expect anything to come of it, hence why I expect to have to take them to court to get them to do their job.

[natweststaffmember]

Re: Suing Trading Standards for Inaction

http://www.opsi.gov.uk/si/si2000/20002334.htm

"Cancellation period in the case of contracts for the supply of goods
11. - (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (5).


(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

(3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

(5) In the case of contracts for goods for delivery to third parties, paragraphs (2) to (4) shall apply as if the consumer had received the goods on the day on which they were received by the third party."
I think this is the specific part of the regulation on cancellation which you are referring to.

[3guesses]

Re: Suing Trading Standards for Inaction

nattie:

(re consumer Diect) If memory serves, I think I did but they said they could do nothing.

Yes (re DSRs).

Just to be clear, I am not asking for advice on the DSRs (believe me, I am VERY familiar with them now), I am asking advice on taking Trading Standards to court for not doing their job!