Consumer law question please.

[KevofCov]

Consumer law question please.


If I place an order to buy goods (or services) for my daughters van and they are completely wrong and they will not refund I need to use the small claims court. All very straight forward.
However if its my name on the invoice and I placed the order but my daughter is the one who paid by debit card, who makes the claim? The contract was with me but she is the one who lost the money

[Mike]

The contract was with me

That’s your answer. It also shows why paying by debit card can be a bad idea, even when you’re not paying on line.

[ABA]

did you order the wrong parts or did they supply you with the wrong parts ? if there cock up just get in touch with your credit card company if the receipt is in your name then its down to you if you orderd the wrong parts did they say at the time that they were none returnable ?

[KevofCov]

Without going into hugh massive detail its more about who does the chasing the person who placed the order or the one out of pocket. I'm clear on all other things

[Mike]

did you order the wrong parts or did they supply you with the wrong parts ? if there cock up just get in touch with your credit card company if the receipt is in your name then its down to you if you orderd the wrong parts did they say at the time that they were none returnable ?

Unless he’s lying he ordered the correct parts but was supplied the incorrect parts. And he used a debit card, if he’d used a credit card he wouldn’t be in this situation. As I said, his contract, he must do the chasing, the company are perfectly within their rights if they refuse to talk to his daughter as they don’t have a contract with her.

[KevofCov]

Thanks Mike thats brilliant

[Jim Archer]

Do you have a invoice showing the items ordered? Do you also have a delivery note showing the incorrect items supplied?

If you have proof positive that what you were supplied is not what you ordered, the vendor has 2 options;

1 - take back the wrongly supplied items and give you the correct items - you would have to pay should you have paid an initial lower price i.e. If you paid the price of the wrongly supplied item and it was less than that of the correct item. Same the other way if you've paid more than you ought to have.

2) reimburse you in full and f*** you off out the door depending on how much of an arse you've been.

Jim

[Mike]

What was the outcome?