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I ordered a computer at the beginning of April because my old one had "died". However, circumstances prevailed and I wanted to cancel my order on the very same evening I ordered it so I called Cube247. I was told to call back the following morning and they should be able to help. When I did so I spoke to Rob Drye (the director of the company/technical support and customer service department from what I could gather!
When I told him I would like to cancel my order he flatly refused to do so.
I was extremely unhappy about this and called two independent solicitors - I was told by both of them that under the DTi's guidelines for distance sellers, upgraded computers were not deemed to be "bespoke" or "customised" as they were made with off the shelf components. I called Mr. Drye a third time to this effect however, he was rude, surly and he insisted on talking over me. He would not listen to me and at my insistence to speak, he insulted me and put the phone down. telling with regard to the Office of Fair Trading's guidelines, in fact he insulted me when I started to read the guidelines to him and hung up the phone. Before doing so he insisted that the computer would be delivered despite my cancelling the order. I therefore cancelled my order in writing enclosing a copy of the DTi's guidelines for Mr. Drye's information.
He replied to me that night (which I did not get until the next day) informing me that the computer was to be delivered that day despite my cancelling it!!
I sent an email to Mr. Drye informing him that I had cancelled my order and I would like my money refunded immediately and that any attempt at delivery of the computer would be refused and returned as was trying to intimidate me into delivery of a computer I had cancelled. Mr. Drye ignored my email and tried to deliver the computer the following day!!
I refused delivery of the computer on the grounds that I had cancelled the order and promptly sent Mr. Drye another emai. Again he did not reply to this email or even acknowledge it. In fact I have not heard from Mr. Drye since and he has still not refunded my money!!
As I have received no refund from Cube I will now have to sue them and report the company to the Office of Fair Trading in order to get them to refund my money £1776.00! Their treatment of me has been disgusting and now I will have to sue for my money!
will not take up individual cases - that's not its function.
You are free to report the matter to Trading Standards of course, but that may not be necessary. Have you contacted your credit card provider about this? If not, I suggest that you do so immediately, and explain the circumstances to them.
Under the terms of the distance selling regulations you have an automatic right to cancel a contract for the supply of goods provided you do so within seven days of the date of delivery. A supplier may not refuse to cancel on the grounds that a computer which is assembled from off-the-shelf components selected from a list is 'customised' under the terms of the regulations. The DTI guidelines for online traders make this quite clear.
You provided written notice of your intention to exercise your right to cancel, and you did so on the same day you placed the order. On the basis of the information you've supplied it would appear that the supplier may be acting illegally by witholding a refund to your card account, but bear in mind that a supplier has 30 days from the date of cancellation within which to make the refund. If this period has expired the supplier must make the refund immediately, and you should contact your card company and ask them to make a charge-back of the due amount.
Yes I know that the Office of Fair Trading does not take up individual cases, however it will have a look at the terms and conditions and issue proceedings if it deeems them to be inconsistent with the Distance Selling Regulations.
And I probably have a few days to wait until the 30 days so Cube still have a couple of days to proffer a refund.
will not issue proceedings in the light of a single complaint - as I said before, it doesn't take up individual cases, and deals with persistent or flagrant offenders.
As an individual consumer you can pursue the matter by talking to Trading Standards; you can also talk to someone at Consumer Direct, which is the government funded organisation which offers advice on this kind of thing. Consumer Direct acts as a conduit to The OFT, and will pass information on if it thinks action by the OFT is warranted.
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To perhaps resolve the issue faster, do as the forum editor suggests. Contact your credit card or finance provider for help and advice, possibly under section 75 of the Consumer Credit Act. Also contact Consumer Direct and/or your local trading standards for their help. You will find that Consumer Direct will usually pass on the information to your local Trading Standards as a normal procedure.
A simple phone call from Trading Standards or your credit card company to the supplier, might save further headaches and problems in dealing with this company, and get much faster results.Authority usually overrides the individual in matters like this!.
Thanks for your help thats great advice I will speak to the Trading Standards department. I did write to my credit card company however I get the impression that someone less informed of the law read my paperwork and has made a decision based on insufficient knowledge as they do not wish to pursue it!!! Im going to call them and speak to someone with authority to find out what the position is. Failing that I will sue him. Mr. Drye cannot expect to act the way he has without repercussion!
Having dealt with two finance provider companies under section 75, you can perhaps expect the initial "nothing to do with us" reply in the first instant. Not true,it is part of their responsibility, they have equal liability in resolving issues under section 75. They are only trying to pass the buck on the back of the publics ignorance of consumer law. Perhaps similar to the suppliers attitude regarding consumer law, and the problem that is now causing concern.
I would suggest that you telephone your credit card company at the earliest moment, and make your concerns very clear. Also a visit to Trading Standards or Consumer Advice Centre, may result in a quick telephone call to the supplier, hence my suggestion earlier.
I would also refrain from perhaps suggesting to sue the supplier,this is not going to achieve anything at this sage,even in the heat of the moment. If you have to take alternative actions, then do this as a last resort, after you have taken relevant advice and help from the suggestions already provided.
Thanks Spuds I will definitely speak to my credit card company regarding what you have said and also speak to Trading Standards and the Consumer Advice Centre. You've been most helpful. Thanks again.
It always amazes me that retailers are prepared to endure the bad publicity this kind of alleged behaviour generates, rather than stick to their obligations in law.
Aye; I sometimes wonder if these people are aware of just how fast word gets round on the net when they act this way.
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