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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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I ordered an Isabella awning from Camping International on

Customer Question

I ordered an Isabella awning from Camping International on 27th March 2013. My payment ( paid by debit card) was deducted from my account on 2/4/13 for £2,225.00 GBP.
The awning was delivered on 10th April 2013.
On 4th May i informed Camping international that I wanted to return the awning which hasn't been taken out of the box.
On 7th May Camping International informed me that They couldn't refund me as this wasn't a stock item and that they could only refund me if Isabella would take the awning back.
I have offered to pay for the return of these goods and asked Camping International which courier they would prefer me to use. The goods were sent from Gillingham in Kent where Camping International are based. I have an e-mail trail of the events as described above. What are my rights to return this unsed item please.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Can I presume that you ordered this item over distance?
Customer: replied 3 years ago.


For JOMO 1972


Yes I order it over the internet from Camping International based in Gillingham Kent. I live in West Wales.

Expert:  Jo C. replied 3 years ago.
Thanks for that.

You are absolutely right. You do have a right to cancel.

This is a distant sale and, whether they like it or not, they are bound by the distance selling regulations.

You do have to show that they routinely sell by distance but since they seem to have a website capable of accepting orders that should not be a difficulty.

Under the distance selling regulations, you have 7 days to cancel unconditionally. Actually the 7 days runs from the date of delivery of the item not the date of the order because the whole point of the regulations is to allow people to inspect the goods that they have bought to see whether they are suitable.

You do have to cancel in writing. An e-mail is adequate but if you have done this over the phone then you should follow up in writing.

Their argument that this is not a stock item does not assist them. They may very well take the view that it is unfair but sometimes the law is unfair. That is their problem rather than yours.

If they will not comply then you may have to sue. This is a Small Claims Court sum and so it will be cheap and quick to issue against them. You can do so here

www.moneyclaim.gov.uk

It would be advisable to send them a letter before action warning them that if they do not pay then you will sue at the Small Claims Court.

Hope this helps. Please let me know if you need more information.

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