RE: ot Distance Selling Quickie

["Mark Harrison" <Mark.Harrison@xxxxxxx>]

Well, I'm not a lawyer, but a retailer. As such this should be taken as
a layman's understanding and you are, of course, advised to speak to a
qualified lawayer.


1: I think you lose nothing by taking the pictures along. You can,
AIUI,
attempt to present them. If the defence objects, then it will be up to
the court to decide whether to take them into account.


2: In cases where the supplier has not notified the customer of their
right to cancel, the Distance Selling Directive sets the period of this
right to cancel at 3 months and 7 days.

If, as you say, this has been going on for 2 years, I think the only
case in which it would help would be if you could show that you
attempted to invoke this right WITHIN that 3month+7day period, but were
refused.

It is worth noting that the DSD only passed into law in 2000, and I
don't know the exact date. If the transaction happened before that
date,
however, it will not be covered.


Regards,

Mark


-----Original Message-----
From: Amar Nagi [mailto:groups@xxxxxxx] 
Sent: 13 January 2003 09:25
To: uk Automation 
Subject: [ukha_d] ot Distance Selling Quickie


hi guys I know there are some guys that know 
about this act that may be able to help me.

I have a county count small claims court
date on wed where I am taking a bed supplier
to court cause he will not take back his
faulty bed and mattress. He has been trying
to put it right for over 2 years without no success
and then he just refused to give me a refund. 
My questions are the following 

1 ) I have pictures of the state of the bed and mattress which 
I will take into the court as proof. Can I do this ?

2 ) Can the distance act also work in my favour
as he never told me about it in writing and I have
only just found out about it. Do I have 7days 
>from
I never saw the bed and mattress b4 I bought it 
except in a picture and it was mail order 

thankyou very much


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