Thank you for your enquiry to Consumer Direct dated 25/02/2011. Your reference number for this case is ....... and should be quoted in all further correspondence regarding this case.
We understand that you cancelled an order that you made with a UK trader but that you have not received a refund.
Based on the information you have provided the key legal points in response to your enquiry are as follows:
Your contract is governed by the Distance Selling Regulations which covers some contracts which have been concluded by means of distance communication e.g. telephone, internet, mail order etc. Under these regulations a trader has up to 30 days in which to deliver goods to a consumer unless specific arrangements have been agreed on. Once the goods have been delivered you have 7 working days (day 1 is the day after you receive the goods) in which to ask for a full refund (including delivery charges), unless the goods are exempt. Exempt goods would include perishable items, personalised items and any order for a specific date or time, such as travel, accommodation or concert tickets. (Cancellation is deemed effective from the time of posting.) If the trader has not provided confirmation of your cancellation rights, you have 3 months and 7 working days to cancel. Alternatively, you can cancel at any time before you receive the goods and claim a full refund. Any refund should be issued within 30 days from the date of cancellation.
As 30 days has now passed since you cancelled your order, the trader is likely to be in breach of the Distance Selling Regulations. You should send the trader a recorded delivery letter, outlining everything to date, and giving a deadline to resolve the matter within a set period of time (i.e. 21 days). Make it very clear what you are claiming from the trader. It is also worth retaining copies of everything sent, for your records.
If the trader does not respond to this letter with a satisfactory remedy, you should send the trader one more recorded delivery letter, this time giving the trader only 7 days in which to respond, making it clear to the trader that this is your final letter before taking further action.
Sending letters by recorded delivery means that you can track the letter to ensure that it has been delivered. Also, if you needed to take the matter to court as some stage in the future, having a record of your letters to the trader would show to the court that you had done all you could to rectify the matter prior to court action.
If the trader will not resolve the matter, you may need to seek redress through the UK's Civil (small claims) Court - see http://www.hmcourts-service.gov.uk/i...aims/index.htm
for information on this.
We would strongly advise you to contact your local Austrian equivalent of Trading Standards as they will be better placed to advise you on how to pursue this case, based on the laws and regulations which could cover the purchase and possibly the method of purchase used. We can only give accurate advice based on the legislation of the United Kingdom, and it is possible there will be some differences in the legislation as it would apply to you.
The information you have provided will be passed to Lancashire Trading Standards for further consideration and, if necessary, further action. Trading Standards may contact you for further information if they deem it necessary.
If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.
Thank you for your enquiry.