Absolutely diabolical!!
First email sent- no response.
Good Morning
Further to my phone call with your company this morning, I would like to point you to the Consumer Rights Act 2015, specifically clause 62 which states that terms of a contract must not be unfair. It is then listed in Schedule 2 Part 1 terms which are unfair. In this instance I believe point 5 applies. This states that "A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied"
Effectively by paying you £40 for the call out I am paying you compensation for goods that have not been supplied and now that I wish to conclude the contract I am going to lose £80 (£40 for the call out yesterday and a further £40 for the cancelled call out today) that I have paid to you and there has been no services supplied to me.
You state that the cancellation fee is for same day cancellation, but I would like to point out that unless I pay extra for a specified time, I would not be aware of the time that the fitter would be arriving until the day itself. Effectively I am being punished because I chose not to pay extra for a service that I did not need. It is quite obvious that the address I have asked for the fitting to be done at is a workplace and I therefore question why you would send someone between 4 and 8pm as it unlikely that I would be at work during this time.
I am happy to pay the call out for yesterday as someone did attend but could not perform the tyre change as I had ordered the wrong size. I am not, however, happy to pay the call out fee for today, when I called at 8am and not had any attendance from a fitter. This more than a sufficient amount of time to notify the fitter (my fitting 4-8pm). I understand that I have effectively signed your terms and conditions but I believe for the reasons I have laid out above, the contract is in fact unfair.
Second email sent-no response.
Good Evening
Further to my email below I have received a phone call at 16.34 from the tyre fitter advising me ‘I’m 10 minutes away’ he went on to say ‘I have called head office twice’. Needless to say he was less than impressed when I told him I had called and cancelled my order at 8am this morning (11/04/19) and received a cancellation confirmation email. It would appear that my cancellation has not been passed onto your driver, which I find appalling. How can a business run effectively with an apparent lack of communication?
Please can you kindly tell me when I will be refunded the outstanding sum of £181.98. £221.98, -£40 for the call out charge, leaving a remaining balance of £181.98 to be refunded to the card I used. I have also brought this to the attention of my credit card company.
DO NOT USE!!!
5 years ago
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