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Is this legal?

(7 Posts)
Autumnmumm Wed 24-Oct-12 21:20:44

I got a quote from a company and rang up with my debit card details. They took 50% of order as deposit. I hadn't signed anything and the next day realised that thy handy included fitting in the price.

So I rang them straight away and cancelled the order.

Ten days later I received refund less a 2% admin charge.

Is this legal? They did nothing for that money.

Autumnmumm Wed 24-Oct-12 21:21:00

They hadnt

Ginda Thu 25-Oct-12 08:58:48

It depends if they told you before you placed the order that they would take an admin charge if you cancelled. If they didn't then that term was not incorporated into your "oral" contract with them. It is not enough for them to rely on their standard Ts and Cs if they didn't provide these to you.

Under the Consumer Protection (Distance Selling) Regulations 2008, companies have to provide you with certain information within a specified period of placing the order, including info as to how to cancel etc. Did they send you anything? Di it include any reference to the admin fee?

If not, and if it wasn't mentioned when you placed the order, then they can't charge it.

Ginda Thu 25-Oct-12 09:00:08

Sorry, just noticed you got the quote and then rang up. Did the quote have terms and conditions, maybe on the back of the page?

Autumnmumm Thu 25-Oct-12 13:23:39

No t and c on the quote.

Their website has t and c and mentions 2% charge for credit cards but I paid by debit card. The website does mention a cancellation admin fee of 1%. My agreement was verbal and they did not mention a charge when they took card details.

Ginda Thu 25-Oct-12 18:46:45

Ok. What is on the website is irrelevant. It's not a question of whether or not you were "aware" of the admin fee (and you haven't said whether you were or not but I assume not). It also isn't a question of whether or not they have done any work to "earn" the admin fee. An admin fee/restocking fee is quite a common feature of contracts for goods actually. But the key issue is whether or not the admin fee requirement was incorporated into the contract. To be incorporated, your attention would have had to be drawn to it - either verbally or in writing - before the formation of the contract i.e. before they took your money.

So on balance it appears the term was not incorporated and they can't rely on it. However, do check your quote. Does it say "terms and conditions on our website"? If it does then that would probably be enough to incorporate their terms and conditions.

Autumnmumm Sat 27-Oct-12 06:28:46

Thank you for this info.

Well I went back to them quoting your bit about consumer goods act. They've replied saying their legal team say its a bank charge which i have to pay and they can legally take it as cost incurred.

I actually think I hate them.

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