How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I signed up to Farmer's choice deliveries of

Customer Question

Hi
I signed up to Farmer's choice for regular deliveries of food. However I have no moved areas, and they only deliver to my new area during the week when I am at work. There is no alternative address or safe place to leave a delivery. I have asked them to cancel the agreement and refund me my credit balance (of around £2000 - my orders have been very infrequent). However they refuse to do this, saying that I have to place orders to redeem my credit. However, they cannot deliver any order I place - so I cannot put in an order.
What can I do to get my money back please?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Do you have a written contract with them?
Customer: replied 1 year ago.

Hi Jenny

I do have a pack at home setting out payment terms etc. I'm not back until tomorrow night now - but will check it then. As I said above I'd be quite happy to continue - it's just that they cannot deliver to me now as they only deliver during the week when I am at work and I have no safe place to leave a delivery now. Work does not accept parcels and my neighbours work, and there is no one else I can ask to take a delivery for me. I have stated this to Farmer's choice - and pointed out that they cannot fulfil their end of the agreement, but they have just come back to say that if I gave it a bit more thought then I could come up with a suitable solution to place an order. I think they are being very unreasonable. I want to redeem my credit, but am unable to do so.

Many thanks

Sian

Expert:  Jenny replied 1 year ago.
Hi Sian, whether you can take action will depend on the terms of the agreement. Please can you come back to me when you have got them.
Thanks
Customer: replied 1 year ago.

Hi Jenny

Here are the terms of the contract (from their website)

Ending this Contract.
4.1 In addition to your rights under clause 8 (only applicable to contracts made during a visit to your home - details of clause supplied with original contract), you can end this contract at any time by giving 10 working day’s notice in writing to Farmer's Choice and cancelling any standing order.
4.2 You must clear any debit balance upon their account within 10 working days.
4.3 Unless you cancel the contract within 10 working day's after signing (when you will be refunded all sums paid), credit balances are not refundable and you must take any credit balance by ordering further items to the amount of the credit.
4.4 If the Contract is ended after an order is placed but before it is delivered, you may cancel that order and you will be credited with the price less 25% by way of compensation. If the account is in debit, then clause 4.2 shall also apply.

I am trying to order to use up my credit - but I am unable to do so....

Expert:  Jenny replied 1 year ago.
well the terms are clear in the sense that they do not normally refund a credit balance. Is there a clause that deals with moving home and deliveries?
Customer: replied 1 year ago.

Here are the full terms and conditions. There is no mention of moving house and deliveries. As I said I would be happy to continue to use up the credit - it's just that their delivery times for my new address do not suit me, and I can't provide any alternative solutions.


Terms & Conditions


Food & Drink Products from Farmer's Choice Free Range Limited (Farmer's Choice)
Sales Contract for Monthly Payment Plan and other sales

Monthly Payment Customers Benefits
1. Monthly Payment Customers who agree to pay a monthly sum to Farmer's Choice by Direct Debit or Standing Order receive the Following benefits:
1.1 Fixed prices on orders for the first twelve months from the date of your contract date.
1.2 Free delivery for orders above the minimum order value stated in Farmer's Choice price list otherwise a delivery charge as stated in the price list will apply.
1.3 Free credit to order up to your credit ratio times the amount of your monthly payment plus the balance on your account. See your scheme package for credit ratio.
1.4 Details of special offers sent by email.

Orders
2.1 Orders may be placed on the Farmer's Choice website www.farmerschoice.co.uk or by telephone to 01489 583828 or by fax to 01489 577759 from a current brochure of Farmer's Choice but at the prices set in accordance with clause 1.1.
2.2 Orders given by the website, email, fax or letter will be acknowledged by Farmer's Choice and confirmed within 24 hours (ignoring weekends and public holidays). The contract between us will only be formed when we send you this confirmation or, in the case of telephone orders, when we confirm your order at the end of the call.
2.3 In the case of the first order, delivery can only be made once Farmer's Choice have received cleared funds for the first monthly payment and you have delivered to Farmer's Choice a completed a banker's monthly payment form.
2.4 Where items are sold by weight, Farmer's Choice will endeavour to deliver them as nearly as possible to weight specified and they may be over or underweight. You will only be charged for the weight actually delivered.
2.5 The price for the items ordered shall be in accordance with the price list current at the date of your first order and shall apply to all items ordered during the subsequent period of twelve months.
2.6 The price for items ordered during any subsequent period of twelve months shall be in accordance with the price list current at the date of beginning of that twelve month period.
2.7 Once we have confirmed an order pursuant to clause 2.2, there is no right to cancel as the items sold are of a perishable nature.

Delivery
3.1 To ensure delivery of any pack on a particular day, you should place your order at least 10 working day's before. A 'working day' is any day other than a Saturday, Sunday or public holiday.
3.2 Subject to clause 3.1, you must select a date and approximate time for delivery from the given choices with your order which is to be confirmed by Farmer's Choice.
3.3 Deliveries may be subject to charge depending upon order value and any other special delivery requests.

Ending this Contract.
4.1 In addition to your rights under clause 8 (only applicable to contracts made during a visit to your home - details of clause supplied with original contract), you can end this contract at any time by giving 10 working day’s notice in writing to Farmer's Choice and cancelling any standing order.
4.2 You must clear any debit balance upon their account within 10 working days.
4.3 Unless you cancel the contract within 10 working day's after signing (when you will be refunded all sums paid), credit balances are not refundable and you must take any credit balance by ordering further items to the amount of the credit.
4.4 If the Contract is ended after an order is placed but before it is delivered, you may cancel that order and you will be credited with the price less 25% by way of compensation. If the account is in debit, then clause 4.2 shall also apply.

5. Farmer's Choice may end this agreement by giving you notice in writing if any cheque is not paid on presentation or if any payment by debit or credit card is refused by the card provider or any Direct Debit or Standing Order shall be cancelled or not otherwise paid by the bank.

Cash or Card Customers
6. Terms for Monthly Payment Customers apply except:-
6.1 115% of the anticipated order price will be debited after the order is accepted this allows for section 2.4 (Where items are sold by weight, Farmer's Choice will endeavour to deliver them as nearly as possible to weight specified and they may be over or underweight. You will only be charged for the weight actually delivered).
Any order price overcharge will be credited back using the same payment method once it has been weighed, packed and the order is dispatched for delivery.
6.2 Where payment is made other than by credit or debit card it shall be made in cleared funds.
6.3 The price of items shall be at the price list current at the date of the order.

General
7.1 Farmer's Choice guarantees the quality of its products. When received, you must inspect them and notify us promptly in writing, by email or by calling us with any dissatisfaction with your order. We will promptly and fully refund the price of any items that do not meet with your reasonably satisfaction or arrange for the delivery of replacement items but you must notify us within 10 working days of the original delivery.
7.2 As a consumer, you have legal rights in relation to goods that are faulty or not as described. Nothing in these terms affects these legal rights.
7.3 This Contract is subject to the Law of England and Wales

Expert:  Jenny replied 1 year ago.
Hi I have to go away on something urgent. I am opting out. A colleague will pick this up. Please do not respond otherwise it will come back to me and others will not be able to see it.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. You can also claim the agreement is unfair in breach of Regulation 5 of the Consumer Terms in Contract Regulations 1999
Can I clarify anything for you about this today please?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice