Know your Rights (DSR)

[Borris]

The original Which? article: Source, as quoted by the Beeb.

Based on the percentage of adults in the UK who have a current account, we grossed up the total amount charged to the whole market.

*ahem*

Lies, damned lies and statistics

 

[antijoke]

Distance selling laws stipulate that a consumer has 7 days to accept the goods, and they can be returned with-in this initial 7 day period!

 

[DRZ]

Ok so the numbers might be a bit off but they must still make a killing

To the best of my knowledge a case of this nature has never made it in front of a court because if it did it would open up all sorts of legal questions afaik. They always pay up out of court.

EDIT: anyway, this is WAY off topic - sorry!

 

[cavemanoc]

Distance selling laws stipulate that a consumer has 7 days to accept the goods, and they can be returned with-in this initial 7 day period!

That's 7 working days - and you only have to inform them of your decision to return within the 7 days, not actually get the goods back.

Interestingly, the act stipulates that it is not your responsibility to return the goods to the seller, you must merely make the goods available for the seller to reclaim (obviously since this will be at your expense, it cheaper to fed-ex them yourself - but worth noting the sublty )

Edit: (that article did make interesting reading - with the crackdown on usury (loan-sharking) it would be interesting to see whether the example quoted falls foul - £50 'borrowed for 3 days, interest accrued £95, apr=23116.667% (?) if there is no compound interest or further penalty clauses!)

I suspect that if you simply presented a summons to small claims court next time your £2.50 'overdraft' incurs a £25 fee they would quietly stop!

 

[Amleto]

That's 7 working days - and you only have to inform them of your decision to return within the 7 days, not actually get the goods back.

Interestingly, the act stipulates that it is not your responsibility to return the goods to the seller, you must merely make the goods available for the seller to reclaim (obviously since this will be at your expense, it cheaper to fed-ex them yourself - but worth noting the sublty )

I don't think this is necassarily the case. The company must add a clause in their t+c that return post is at the consumers expense. If they don't add this in, then the consumer is not responsible for that cost.

 

[cavemanoc]

I don't think this is necassarily the case. The company must add a clause in their t+c that return post is at the consumers expense. If they don't add this in, then the consumer is not responible for that cost.

That is correct - this comes under commercial advantage - obviously the firm that waives the charge would get more business

When consumers exercise their right to cancel they are under a duty to take reasonable care of the goods and to “restore” them to the supplier. The term “restore” does not permit the supplier to demand that the consumer send back or deliver the goods, but only that the goods are made available to the supplier for collection.



The Regulations permit the supplier to include in the contract a term requiring the consumer to return the goods to the supplier at their own cost. The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection. Once the consumer has cancelled the order all money paid must be returned within 30 days of the date of cancellation.

The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective) or if the term requiring the consumer to return the goods is an ‘‘unfair term’’ within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 and The Unfair Terms in Consumer Contracts (Amendment)

 

[Borris]

The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection.

Unfortunately, some companies consider this part to permit the charging of restocking fees.

Which they are not allowed to do.

Nawty.