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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I agreed on the phone to buy some gold coins from a company

Resolved Question:

I agreed on the phone to buy some gold coins from a company called Rosland. I now think I was naive and i am embarrassed. I agreed to pay £5,000 coins. I now smell a rat. I have done some online research and there are very bad reviews.
I have paid a £500 deposit by credit card, but the coins will not be shipped to me until after the balance is paid, which is due to be on 6th Feb. I want to cancel and get my money back, but these people are hard sell types and I fear they will put up a fight.
They have sent me a Customer Agreement, which I have not signed. In this agreement, it says that if I place an order with them by phone, the Customer Agreement that they have sent me after that call is "Order Acceptance" and is a binding contract. They never said that on the phone.
The Customer Agreement says that if I now cancel the order, I will have to pay them the difference between the price I have agreed and the resale price they will get, PLUS a 4% cancellation fee. I suspect that the first part of that charge will be higher than the 4%.
However, it also says in this agreement that I may return the goods within 14 days after receipt and I will get a full refund IF the coins are still in pristine condition when they get them back. That is a subjective condition, and I suspect their standard procedure is to say the coins are sub-standard even if they are not.
I want to get out of this deal. Yesterday, I sent an email to the address given Chief Compliance Officer, telling them that I no longer want these coins, which have not yet even been fully paid shipped to me. I said that I want my £500 back and told them not to charge any more money to my card.
I also said that I am effectively taking them up on their return/refund offer in advance of them sending me the coins. Therefore, the "returned" coins will be in exactly the same condition as when sent out, because they won't even be sending them out.
I have called the number given Chief Compliance Officer three times today, to follow this up with him. Every time, that number gets through to one of their pushy sales team, who constantly say that he is unavailable.
Is there anything more that I should be doing please to solve this matter? Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Did you order them over the phone or online? If so when please?

Alex Watts :

If it was at a distance have they ever given you a cooling off period?

Customer:

I ordered on the phone on 26 Jan. I have not been given a cooling off period.

Customer:

The agreement that I have been sent that tells me about the binding contract and the "suspect" return/refund deal has a signature space on it. Above the signature it says: "The parties have indicated their acceptance of the terms and conditions of this Agreement by signing it". I have not signed it.

Alex Watts :

Did you give them any details ? If so, is it a credit card?

Customer:

Yes. A credit card - as it says in the question I sent

Customer:

Can you please give me some indication of how long this is going to take? I paid urgent service, but you have been offline most of the day.

Alex Watts :

Sorry I was in Court.

Alex Watts :

In reality they can NOT do anything.

Alex Watts :

Under the new Consumer Contract Regulations you are entitled to a 14 day cooling off period. This ONLY starts when they gave you first notice of the cooling off period.

Alex Watts :

As they never gave you the 14 days cooling off notice, it never started.

Alex Watts :

Therefore you can cancel at ANY time and not be liable .

Alex Watts :

In any event you paid by credit card so if they do try and charge you, your card provider will refund it back. They are jointly liable under Section 75 of the Consumer Credit Act.

Alex Watts :

Therefore as there was no cooling off period given you are not liable.

Alex Watts :

If they try and charge you, you should speak with your credit card company and dispute the charges.

Alex Watts :

Can I clarify anything about this today please?

Customer:

No, that's fine. Thank you.

Customer:

I will give you an OK rating, not because I found your answer in any way unsatisfactory, but because I paid service, and it took so long. If you were busy in court, that is not your fault, but JustAnswer should manage the service capacity better.

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