RE: Dabs "not exactly helpful"

["Rob Mouser" <rmouser@xxxxxxx>]

Go get em Ian!

Many thanks

Rob Mouser
rmouser@xxxxxxx
rob@xxxxxxx

> -----Original Message-----
> From: Ian Lowe [mailto:ian@xxxxxxx]
> Sent: 03 January 2003 13:21
> To: UKHA Mailing List
> Subject: [ukha_d] Dabs "not exactly helpful"
> 
> Okay, it looks like Dabs wish to become the new "scam".
> 
> I had no response, so mailed them again today, and received this
bland
> email
> in return:
> 
> "Hello, Unfortunately as the part has been opened we are unable
to
sell
> that
> again with no loss to ourselves so we cannot comply with the
Distance
> Selling Regulation and sell on used parts.
> 
> We cannot accept that part back for a full or partial refund or
> exchange.
> 
> For full details of the directive please see
> http://www.legislation.hmso.gov.uk/si/si2000/20002334.htm
"
> 
> Which is pretty ironic, as they don't seem to have actually *READ*
that
> link. The distance selling regulations seem (for once) to be
really
good
> from a consumer's point of view.
> 
> I have now sent this the following. Let's see if they see sense!
> 
> email to dabs Customer Service (!)
> 
> 
> In fact, I have already read the Distance Selling Regs, and your
> interpretation of them is incorrect. Rather than simply posting
that
link,
> I
> suggest you actually READ it. Your position is not valid, and your
duties
> under the regulatiosn are quite clear.
> 
> The Consumer Protection (Distance Selling) Regulations 2000 are
not,
as
> you
> seem to think, a carte blanche for resellers to use any excuse
available
> to
> deny basic consumer rights.
> 
> I will state again: As an individual consumer, I have a LEGAL RIGHT
to
a
> cooling off period of seven days from receipt of the goods:
> 
> "Subject to regulation 13, if within the cancellation period set
out
in
> regulations 11 and 12, the consumer gives a notice of cancellation
to
the
> supplier, or any other person previously notified by the supplier
to
the
> consumer as a person to whom notice of cancellation may be given,
the
> notice
> of cancellation shall operate to cancel the contract."
> 
> I have considered my options, and wish to exercise this right.
> 
> Whether you can resell the goods without financial penalty is not
my
> concern, nor is it part of the regulations. The regulations state:
> 
> "Exceptions to the right to cancel
> 13.  - (1) Unless the parties have agreed otherwise, the consumer
will
not
> have the right to cancel the contract by giving notice of
cancellation
> pursuant to regulation 10 in respect of contracts -
> 
> (a) for the supply of services if the supplier has complied with
> regulation
> 8(3) and performance of the contract has begun with the consumer's
> agreement
> before the end of the cancellation period applicable under
regulation
12;
> 
> (b) for the supply of goods or services the price of which is
dependent on
> fluctuations in the financial market which cannot be controlled by
the
> supplier;
> 
> (c) for the supply of goods made to the consumer's specifications
or
> clearly
> personalised or which by reason of their nature cannot be returned
or
are
> liable to deteriorate or expire rapidly;
> 
> (d) for the supply of audio or video recordings or computer
software
if
> they
> are unsealed by the consumer;
> 
> (e) for the supply of newspapers, periodicals or magazines; or
> 
> (f) for gaming, betting or lottery services."
> 
> It is clear that none of these conditions apply.
> 
> My obligation as a consumer is to take care of the item (which I
have)
> 
> "The supplier shall make the reimbursement referred to in
paragraph
(2)(b)
> as soon as possible and in any event within a period of 30 days
beginning
> with the day after the day on which the period for performance
expired."
> 
> I suggest you review your position, RESPECT THE LAW, and make
arrangements
> for the return of the goods immediately.
> 
> I note that in contrast to your statement on www.dabs.com, I am
under
no
> obligation whatsoever to pay for return carriage:
> 
> "The consumer shall not be under any duty to deliver the goods
except
at
> his
> own premises and in pursuance of a request in writing, or in
another
> durable
> medium available and accessible to the consumer, from the supplier
and
> given
> to the consumer either before, or at the time when, the goods are
> collected
> from those premises."
> 
> I Lowe.
> 
> 
> 
> 
> 
> http://www.automatedhome.co.uk
> Post message: ukha_d@xxxxxxx
> Subscribe:  ukha_d-subscribe@xxxxxxx
> Unsubscribe:  ukha_d-unsubscribe@xxxxxxx
> List owner:  ukha_d-owner@xxxxxxx
> 
> List of UKHA Groups here -
http://groups.yahoo.com/group/UKHA_Grouplists/
> 
> Your use of Yahoo! Groups is subject to
http://docs.yahoo.com/info/terms/
>

Yahoo! Groups Sponsor

ADVERTISEMENT

http://www.automatedhome.co.uk
Post message: ukha_d@xxxxxxx 
Subscribe:  ukha_d-subscribe@xxxxxxx 
Unsubscribe:  ukha_d-unsubscribe@xxxxxxx 
List owner:  ukha_d-owner@xxxxxxx
List of UKHA Groups here - http://groups.yahoo.com/group/UKHA_Grouplists/

Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.