Consumer Contracts Regulations v DSR
Discussion
Need some clarification on a point of law surrounding the new(ish) CCR versus what used to be Distance Selling Regs.
I buy a car part online for delivery. It comes, it is the wrong part (their mistake).
I let the supplier know it is the wrong part and ask for a refund (have bought alternative locally as car needed to be fixed).
Supplier initially demands I return it to a local store (there isn't one local). Then reluctantly agrees to have it collected/taken away.
Day for collection comes and goes, no-one collects, still no refund.
Am I correct that the old DSR used to separate the refund and the return of the item in these cases? i.e. as soon as you notify them of their mistake they have x days to process the refund and that the return of the goods is a separate issue and the refund cannot be "held" until the goods are returned? Is this still the same with the CCR?
The reason I ask is that I feel the supplier is deliberately not booking the return in the hope I'll go away and to cause me a bit of grief (waiting in for courier) in the hope I'll forget it all.
I buy a car part online for delivery. It comes, it is the wrong part (their mistake).
I let the supplier know it is the wrong part and ask for a refund (have bought alternative locally as car needed to be fixed).
Supplier initially demands I return it to a local store (there isn't one local). Then reluctantly agrees to have it collected/taken away.
Day for collection comes and goes, no-one collects, still no refund.
Am I correct that the old DSR used to separate the refund and the return of the item in these cases? i.e. as soon as you notify them of their mistake they have x days to process the refund and that the return of the goods is a separate issue and the refund cannot be "held" until the goods are returned? Is this still the same with the CCR?
The reason I ask is that I feel the supplier is deliberately not booking the return in the hope I'll go away and to cause me a bit of grief (waiting in for courier) in the hope I'll forget it all.
The DSR used to say that once you notified then you wanted a refund they had to make the refund and it was not reliant on them getting the item back. They have to make the refund with a certain number of days - I think 14.
Current rules are here
http://www.legislation.gov.uk/uksi/2013/3134/regul...
If they have sent the wrong item I would suggest the CCR is the wrong law to go under - go under Consumer Rights Act 2015 and you will not be liable for any postage either as they are in breach of contract. You will need to look at the relevant bit about return rules under CRA.
Current rules are here
http://www.legislation.gov.uk/uksi/2013/3134/regul...
If they have sent the wrong item I would suggest the CCR is the wrong law to go under - go under Consumer Rights Act 2015 and you will not be liable for any postage either as they are in breach of contract. You will need to look at the relevant bit about return rules under CRA.
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