RE: ot Distance Selling Quickie

["Amar Nagi" <groups@xxxxxxx>]

Thankyou Mark

      -----Original Message----- 
      From: Mark Harrison
[mailto:Mark.Harrison@xxxxxxx] 
      Sent: Mon 13/01/2003 09:48 
      To: ukha_d@xxxxxxx 
      Cc: 
      Subject: RE: [ukha_d] ot Distance Selling
Quickie
      
      

      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 the day he informs me about the
act.
      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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