Am being ripped off

[CheekyKid]

I ordered a satellite receiver which never came nor did they ever reply any of my emails. After almost 3 weeks i decided to buy it from a different store. To my suprise the receiver ordered in the first place arrived and I ended up with 2 receivers even though I had canceled that order with severals emails . I got a copy of the emails sent but I can't access my hard drive through the windows installed in that drive. It has to be done through my current installation so i need to know where does outlook saves it's messages? there must be a folder somewhere.

I immediately returned the receiver back to www.smssat.biz and after 5 days I got a letter which says: For faultless goods returned or cancelled, refunds surcharged by 20%.

The item costs £160 so 20% out of it is a lot especially for an item which first I had cancelled(fact provable) and second how stupid can they be to send an order out after 3weeks passed . Can they surcharge anything they like? what the consumers law says?

I need to find my emails so that i can have a case should this matter end up at a small claims court. Not its not about the money its about principle. I won't get victimized like that by these muppets

[BandWidthJunkie]

Try searching for *.pst I believe that's the extention for Outlook Personal Folders.

HTH

[Joe90sDad]

Don't claim to be an expert here but I don't think showing your emails from your outbox is going to prove much.
Check the retailer's Terms & Conditions about delivery times and also speak to your local trading standards.

[CheekyKid]

Originally Posted by Joe90sDad

Don't claim to be an expert here but I don't think showing your emails from your outbox is going to prove much.
Check the retailer's Terms & Conditions about delivery times and also speak to your local trading standards.

Outlook emails have a enough information in the background that can proves that the email was actually sent.

[CheekyKid]

I believe that providing you cancelled under the Distance Selling Regulations, they are not, emphatically NOT allowed to charge a restocking fee. It is illegal to do so

[neilmcl]

OK CheekyKid, what you should have done was to contact the retailer once you received the item and tell them that you wish to cancel and return it under the Distance Selling Regulations. There is a possibility that if you're still within the 7 days you may be able to invoke this even though you've already returned the item but tbh I'm not sure on that specfic point. However, if you're not covered by the legislation then the retailer will be entitled to charge you a restocking fee.

You may want to try contacting http://www.oft.gov.uk/default.htm or your local Trading Standards for further advice.

[neilmcl]

Originally Posted by CheekyKid

I believe that providing you cancelled under the Distance Selling Regulations, they are not, emphatically NOT allowed to charge a restocking fee. It is illegal to do so

Sorry my posts was a bit late. Have you actually invoked the Distance Selling Regs, what form did that take?

[neilmcl]

Originally Posted by sean5302

If the receiver arrived within the 30 days I think you'll struggle with the DS regs:

http://www.oft.gov.uk/Business/Legal...erformance.htm

No, the DS applies for 7 days AFTER you receive the item.

[CheekyKid]

Originally Posted by neilmcl

No, the DS applies for 7 days AFTER you receive the item.

I received the item 2 of octomber, I called them the same day to say that i want to send it back for a full refund and I send it back by recoerded delivery on the 4th of octomber. They are not entitled to surcharge me 20% nor does their website says anything about it.

[neilmcl]

Originally Posted by CheekyKid

I received the item 2 of octomber, I called them the same day to say that i want to send it back for a full refund and I send it back by recoerded delivery on the 4th of octomber. They are not entitled to surcharge me 20% nor does their website says anything about it.

Did you or did you not state that you're cancelling the goods under the Distance Selling Regulations. If you haven't physically invoked the legislation then you are not covered by it.

[CheekyKid]

Originally Posted by neilmcl

Did you or did you not state that you're cancelling the goods under the Distance Selling Regulations. If you haven't physically invoked the legislation then you are not covered by it.

I havent mentioned that but who can prove what I have or havent said on the phone? Phone is an unreliable way of communicating. What matters is that am within the 7day cooling off period

[neilmcl]

Originally Posted by CheekyKid

I havent mentioned that but who can prove what I have or havent said on the phone?

Which is why the DSR clearly state that you must cancel in writing, unless the retailer accepts another means. I'm sorry but I think you may have problems here. Personally I wouldn't have even tried purchasing from a site that doesn't even provide any form of Terms and Conditions on their site. You may get some recourse on that score, as I said contact OFT or Trading Standards, but I doubt it.

[MPK]

Writing includes email and fax. And the retailer cannot ask you for proof of postage. Also, you don't need to mention the DSR in your notice, as you are acting within your rights of the DSR. Check them out the pdf here. http://www.oft.gov.uk/Business/Legal/DSR/default.htm (that's from the sellers perspective, but it's the same)

[dejongj]

Originally Posted by sean5302

I'm afraid you're in the wrong, unless "time was of the essence" in your contract.

Proof of posting, electronically or otherwise, is not proof of receipt.

If you entered into a contract and defaulted, the other contractor is entitled to charge you damages, I'm afraid.

Sean has made a crucial point here...I have learned a very expensive (lost £3k) lesson last year where I took the supplier to the county court. The judge explained the "time was of the essence" bit in UK law to me. I was waiting for 9 months and still hadn't received anything, but as time was not of the essence according to the contract the supplier was within his right to let me wait another 100 years whilst keeping my deposit.....I don't think it is fair in UK law, but that is the way it is....

It sounds like you cancelled before they supplied, so they are in their right to charge a restocking fee....If you cancelled after they supplied and communicated on grounds of the distant selling act you have have been within your legal right....

I know it is silly, but those are the rules....

Unfortunately there is the common sense element to these situations and it seems your supplier nor mine were bothered about their reputation or customer service.....

[CheekyKid]

Originally Posted by dejongj

Sean has made a crucial point here...I have learned a very expensive (lost £3k) lesson last year where I took the supplier to the county court. The judge explained the "time was of the essence" bit in UK law to me. I was waiting for 9 months and still hadn't received anything, but as time was not of the essence according to the contract the supplier was within his right to let me wait another 100 years whilst keeping my deposit.....I don't think it is fair in UK law, but that is the way it is....

It sounds like you cancelled before they supplied, so they are in their right to charge a restocking fee....If you cancelled after they supplied and communicated on grounds of the distant selling act you have have been within your legal right....

I know it is silly, but those are the rules....

Unfortunately there is the common sense element to these situations and it seems your supplier nor mine were bothered about their reputation or customer service.....

I cancelled before they supplied but as they said on the phone they never got my emails. I placed my order on susat.co.uk and I got my receiver from smssat.biz a website with different landbased address on their site. I sent the cancellation emails to susat.co.uk. Obviously these companies are related. Also their telephone phones on both sites don't seem to be of any good as nobody picks up the phone. This is unacceptable . I have no money and no receiver since I sent it back for a refund.

Would it not be wise to contact my bank and report the charge as unauthorized? because it is as far as am concerned