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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I used my UK business debit card to purchase some electrical

Resolved Question:

I used my UK business debit card to purchase some electrical equip online from an overseas company. I didn't realise they were an overseas company, and so decided to cancel the order – which i did via email – within the hour!!! The company responded, but just made 'noises', saying they were dealing with it etc, etc, etc. I also repeated the e.cancellation the following day, and also contacted my bank by phone to advise of the situation. My Bank advised me that there was nothing they could do, until the payment had been TAKEN! So I waited, and guess what... The payment was taken! On phoning my Bank again I was given new advice, which was: that there was nothing the bank could do, because: A) the Company suppling the goods had not actually promised to return my payment at any time, and... B) Because I had simply "changed my mind"... this is not good enough reason for me to stop the order and get my money back! I understand that UK Business law is slightly different from UK consumer law, so what are my rights? Do I have to accept the situation or is there anything practical I can do to cancel this order and get my money repaid. NB: the goods have not been received yet, as they are coming from China, and to be honest, I don't think this company is the type that will give money back, unless they really have too. Thanks, Mike

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

What does it say in their terms and conditions about cancellation please?

Customer:

to be desperately honest, i've not looked at their T&C, but to be honest, i believ this not to be an honest, open company, so have asumed their T&Cs are as tight as a drum!having looked online and found several other disgruntled customers, who tried and failed to get this Chinese company to

Alex Watts :

And to clarify this was on DEBIT card?

Customer:

Apologies fro that last reponse... and yes it is a debit card... a business debit card!

Alex Watts :

And I assume you purchased it as a business?

Customer:

Yes, it's an iPad and I'll be using it for both business and pleasure... However, it will be paid entirely by the company and used primarily by the company. I am self employed, sole trader.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

If you are ordering from abroad then you do not have Distance Selling Regulations as are allowed in the UK

Alex Watts :

This would have given you a 7 day cooling off period

Alex Watts :

However even if the business WAS based in the UK then as a business ordering you do not have protection of the Distance Selling Regulations

Alex Watts :

Therefore in this case it would have made no difference

Alex Watts :

This just leave the terms and conditions

Alex Watts :

As you have not read them even if they were based in the UK and you took this to Court a Judge, as a business owner, would have expected you to have read the terms

Alex Watts :

But sadly you can only rely on the terms to allow you to cancel

Alex Watts :

So things you have against you here sadly are: they are outside the UK, the DSR do not apply, you are a business and also the terms

Alex Watts :

I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

One last thing, IfI were to use a business CREDIT card, would that have mad a difference?...or

in future, should I buy everything with a consumer credit or debit card and get the protection of the cooling off period?

Alex Watts :

No - but it if you had been a consumer AND using a credit card it would have made a difference.

Alex Watts :

Personally in future, be a consumer and buy every big ticket items on credit card

Customer:

So its the fact that I am business that has left me unprotected as it were?

Alex Watts :

Yes and debit card

Customer:

Thanks,

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


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