microland problems

  carolyne 18:53 22 Jul 04
Locked

ok from the begining with a cool frame of mind


my story starts when i ordered from microland 6 weeks ago and the item i wanted was clearly stated to be in stock on there website and showed a 1-3 days despatch time, after they processed my order they then decided to tell me it wasnt in stock,i emailed them and they told me they would have a confirmed date the following monday,i never heard from them again, so i phoned and they told me they didnt know when they would have them again, i asked if i could cancel as it was for a present and my local shop now had stock, they agreed and promised me a refund within 2 working days. this is the very last i heard from them, now they wont answer my emails, ive wrote to them ,and when you phone them theres always a queue of 40 minutes or more. now after repeated attempts to contact them i still have no refund 4 weeks on. if my case was a 1 off you could probably forgive them, but sadly it seems there are many more people like me in the same situation with microland, wich only goes to say they must operate there buisness like this all the time. i have read of 1 or 2 happy customers but it seems the biggest majority are unhappy and some even having to take MT to court, now i have to pay my credit card company to get my own money back, i see this as totaly wrong and can only class them as crooks, they have my money so were's the problem in refunding me?.before you consider buying from microland please read the posts in this forum and others too(pcreveiw)(romulus)and others, i have also contacted bbc watchdog and i believe others have also.

the FE of this forum has asked microland to join us here and to see if they would answer our concerns, but still no word from them, if the FE could please try again i would be most greatful. if this fails then it only goes to prove to others how ignorant microland are.

  Newuser38 20:02 22 Jul 04

I dont understand you when you say ' I have to pay my credit card co to get my money back' On the over £100 responsibility they normally put a freeze on the payment under query and dont include it in the statement until the matter is resolved. A useful site and links is click here.

  carolyne 21:05 22 Jul 04

ive already been informed from my credit company in writing that there is a charge (im not saying how much) if they have to retrieve my money from microland and it will be included on my next statement, i hope that helps you understand

  Newuser38 21:18 22 Jul 04

No sorry I still dont understand. I think you need to check with your local CAB or Trading Standards that your cc company is following the rules. Both organisations will deal with you in complete confidence.and for free.

Read the link I gave in the last thread. If the amount Microland have not repaid is below £100 then it may be that this is why there is a charge.But even in the over£100 and below £30000 there are some cc companies who initially do not accept their responsibility.

  carolyne 21:26 22 Jul 04

ok newuser38

i will look into this also, its not a big charge but i dont see why i should pay it, but firstly i must get my problems with microland sorted, they are holding a much larger amount of money than what my c/c want to charge me. thx for your advice

  Forum Editor 21:32 22 Jul 04

we'll take this step by step with you but I want your promise on one thing - do NOT make any further remarks about people being "crooks" or make references to them as being "ignorant" - the first statement is a libel, and the second is plain offensive, and I'm not going to tolerate either.

That said, let's get on with the facts.

1. Please tell us exactly what you ordered, and what it cost.

2. What was the date of the first call you made to Microland - the one when they told you that they would refund your money within 2 working days? Did you get the name of the person you spoke to? This is quite important, the person you spoke to was acting as the company's agent in law, and if a commitment to make a refund has not been fulfilled we have something to work with.

3. Have you at any time written to the company on this matter, and if so when?

I have written twice to Microland - the first time to suggest that they joined us in the forum. I had a positive reply, the person who responded thought it was "a very good idea indeed" but he had to wait for someone else to return from holiday. That person has been back for four days now. I sent a reminder the other day, but so far I haven't had the courtesy of a reply. That being the case we'll start without them, so to speak.

Whatever happens I would prefer not to see a spate of posts with sweeping condemnations of Microland - that's not what we're here for. We want to help you carolyne, and we will, but please first answer the questions I've asked above.

  carolyne 22:35 22 Jul 04

ok

i ordered a saphire radeon x800 graphics card, with delivery it came to £304.66. my phone call to cancel was on the 22nd of june,sorry i didnt get the name of the person i spoke too(but now i wish i had).and yes i have written to them a couple of times also. i wont say anything else about microland but please understand this is a real bad experience. when you try to buy a birthday present then you end up with nothing, then spend all your spare time trying to trace your own money it sometimes makes you say things you know you shouldent of in forums such as here no matter how calm you think you are, but as i do respect your wish's i will just stick to the facts now

  Forum Editor 23:59 22 Jul 04

This (in my opinion)is the legal position:

1. The contract between you and Microland is governed by the terms of the Consumer Protection (Distance selling) regulations 2000

2. The regulations state that a supplier must either a) specify a date for 'performance' of the contract (which in this case means delivery of the graphics card) or b) accept that the contract will be subject to the delivery being made within thirty days of the day following the date the order was placed.

3. If Microland found it was unable to meet either deadline if should by law inform you before the deadline and repay your money in full within a further thirty days.

4. In that situation there is an option for the supplier to propose a different delivery date to you, or to offer you an alternative item or items - but you don't have to agree to this, and if you don't the contract is automatically terminated, and you must receive a full refund within thirty days.

5. The law clearly states that there must be no 'contracting out' on the part of the supplier. This means that it is illegal for a supplier to insert any clause into a contract which would have the effect of removing any of your legal rights. For instance - "You must return goods within five days of delivery if you want a refund" is an illegal term under the law, and would be void in any dispute.


How does this all work in your case? Well, based on what you've told us I think it can be summed up as follows:-

By law the supplier must provide you with what's called "prior information" to enable you to decide whether or not to make a purchase. This information may be by means of what's called a 'durable medium' and in this context a durable medium includes an e-commerce web site. If you saw information which told you that despatch of the goods would be within 1-3 days that was 'prior information' on which you based (in part at least) your decision to buy.

Subsequently Microland told you that the item was out of stock, and offered you a revised delivery forecast. By law they have the right to offer you this option, and by law you have the right to refuse to accept the revision. If you do refuse then the contract is cancelled, and your money must be refunded in full within thirty days.

You did refuse to accept a revised delivery forecast, and your money must be refunded - within thirty days of the date on which you made the refusal.

Now for the tricky bit. In normal circumstances you have the right to cancel a contract under the distance selling regulations within 7 days. You don't have to give a reason - you have an automatic right. This didn't apply in your case because you were outside that period when you cancelled - the 7 day period begins as soon as the order is placed. The reason I mention it is because the regulations state that cancellation must be made in writing - either by post, by fax, or by email - a telephone call is not enough.

You didn't use the 7 day rule, but you told Microland their revised delivery forecast wasn't acceptable by phone - as far as I can make out you didn't confirm it in writing. The regulations aren't clear about whether the written cancellation rule applies in the case of an unacceptable revised delivery forecast, but I would imagine it does. Did you send an email confirming your cancellation?

In any event - any distance selling contract must be performed within thirty days of the date of the order unless you agree otherwise. You didn't agree, you haven't received the goods and the orginal order was placed more than thirty days ago, so the contract is automatically cancelled anyway. That means that whatever happens you must receive a full refund within thirty days of the cancellation. In the worst case scenario this would mean 60 days after the order was placed.

I hope all that makes some sense - I have deliberately delved into it in some detail so you have the information you need to contact Microland. I suggest that you write to them immediately ( by special delivery, not recorded post) and tell them that as they have failed to deliver the goods to you within thirty days of the order, and as you didn't agree to an extended delivery date they must fulfil their promise of a full refund immediately. Tell them that unless they do this within 7 days of the date of your letter you will report the circumstances to the Trading standards office, and may proceed against them using the small claims procedure. Write the words 'Without prejudice' at the top of the letter, under their address.

Come back to this thread if you need more advice or help.

  carolyne 00:14 23 Jul 04

thankyou peter
1 other thing that i did forget to mention is i do have an email from microland confirming the cancelation, dated the 22 june, it does state they have a 28 day preriod to refund me and says they dont aim to take this long, but as you know now that 28 day period has past. does this change any of the above mentioned? . and in your opinion what do you think the chance of them coming here and talking to us is, i know you have done this before, and thank you for taking to the time to supply the above info
caz

  Forum Editor 00:35 23 Jul 04

is 30 days after the expiration of the period within which the goods were promised for delivery. If no delivery promise was made the goods must be delivered within 30 days of the order, and if they aren't the refund must be made within 30 days after that.

That's why I said that in a worst case scenario the refund might not be received until 60 days after the order was placed. In practice it doesn't often take that long, after all, why should a supplier wish to drag it out once it's clear that the contract is at an end - the money isn't theirs any more.

Send that letter carolyne, but resist the temptation to make any derogatory remarks in it - keep it strictly business-like and polite. Your sole objective is to get your money, not to conduct (or join) any campaigns.

  Ollieole 08:31 23 Jul 04

My own legal advice has been that the seller, in not fulfilling the contract, must restore the buyer's position to how it was prior to the order being made. This would include interest (though in carolyne's case she paid by C/Card so unless she can show she paid her c/card bill she may not have suffered any loss) and costs of 40 minute + phone calls, stamps, time etc which she would not have incurred had the goods been delivered on time.

FE, do you have any experience of this?

I am intrigued as to why Microland have not taken up the offer to make any comment through the forum. If someone questions my customer service (which I consider to be the backbone of any business) they get a response by return.

This thread is now locked and can not be replied to.

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