Distance selling problem - URGENT!

[Ethel Street]

Hope this is on the right forum, first time I've posted a new thread here. Also a bit urgent as I think the Distance Selling Regulations deadline is about to expire and i don't know what to do for the best.I'm trying to sort out a problem my mother has got herself into.

 

 

Essentially she's been conned by an outfit in India called United Software Solution with a website at blazesoftwares. com. Someone from there cold called her at home on her landline phone and "sold" her a "6 year computer software and maintenace and software warranty".

 

What it's supposed to do I've no idea but whatever it is she certainly doesn't need it or want it. As far as I can see it's a [problem]. However, on 11th April when they persuaded her to "buy" this so-called warranty, they also got her to tell them her address phone number and Visa debit card details, and immediately (ie on 11th April) charged her £190. I've just found out they emailed her the same day (ie April 11th) an invoice for that amount and a 'Confirmation of Order placed at United Software Solution' with payment to be processed by charging her card through something called trillionpay.com (never heard of it), and have now taken the money from her bank account.

 

 

My mother is 90 years old and frail and her memory is going, sadly she's a 'vulnerable adult' to [problem]mers. She doesn't really understand anything about computers.All she's got is an elderly laptop that she writes the occasional letter on and she has an email a/c to send email to her family. She's even stopped doing that now as she can't remember how to use email unless someone from the family is there to show her what to do.

 

She can't remember the phone call properly, all she remembers is that 'a nice man rang and said I had to do something to my computer and he asked for my debit card details'. Informed consent to buy a 6-year warranty it definitely wasn't! She has no recollection of agreeing to buy anything. but really her memory is so bad now she could have said 'yes' to anything.

 

 

I found out becaue when she was half way through downloading something called 'Blaze Software' from their website she didn't understand the onscreen dialog box and rang me to ask what it meant as 'the nice man had gone now and she couldn't ask him'! I realised instantly she was half way though being [problem]med. I got her to pull out the power lead on the Router to break the commection to the website, the software was never fully installed and was trying to get her to give permission to connect to a website somewhere when she pulled the plug on it.

 

Then to ring her banks Visa debit card fraud department and report she'd been a fraud victim and stop her debit card. She did that and they are reissuing her card with a new number. I was concerned that the [problem]mers would be back on the phone to her harassing her for payment or sell on her number to fraudsters so she's also changed her BT phone number and the new one is ex-Directory.

 

I also got her to go into her bank branch on the 12th and tell them what had happened. Both when she cancelled her debit card and when she went into her branch they said no money had been taken into her account but yesterday her branch called and said that £190 had been taken from her account and they were going to try and 'get it back'. I'm aware of the Visa Charge back procedure but I don't know if that's what her bank is using

 

 

.Sorry for that long-winded background, my question is whether on my mother's behalf I should reply to the email sent to her allegedly confirming the order she placed and cancelling it under the distance selling regulations? I've read up various palces about the DSR and how they apply to software but all the guidance seems to envisage software supplied as a pysical product on a CD or something, and whether you've 'opened' it.

 

How does DSR apply to stuff downloaded from a website. I guess the 7 days under the DSR is about to expire. Any advice?

Edited April 17, 2012 by citizenB
Formatted for easier reading

[blitz]

The issue with DSR in this case is that it is not a European company you are dealing with, also your dealing with a company they preys on people who have no computer knowledge and lie their way into installing anti-virus on your computer. With an attitude like that I would say it is near on impossible to get your money back from this company.

 

They do say they have a refund policy of 30%/60% of the amount, but your best route is via the bank with what you have done already.

[citizenB]

Ethel street, dont worry about the spacing.. It happens. When it does come out in a huge block, it is best to go back into that particular post, using the "edit button" under the post and just add another carriage return at the end of each paragraph.

 

Anyway, back to your situation (Or your Mother's)

 

I think you have done all the right things... cancelled cards, reported the fraud and arranged chargeback.

 

I dont think you should need to make any other contact with this company.

[assisted blonde]

I wouldnt try to contact them as it sounds like a [problem] to me, as all cards are cancelled she has changed her phone number and told the bank that she has been conned I dont think there is much else that can be done, as was said earlier its a forign company and they are unlikely to take much if any notice of anything said to them, but just to be sure check the company name at companies house or on creditsafe and make sure they are not registered here and just using forign call centres/adress etc.

[dx100uk]

http://blazesoftwares.com/contactus.php

 

i have had dealings with these people before

 

they are a bit of a pain on coldcalling

 

there are branches all over the world

 

pers i'd give them a ring and complain

 

sorry i had to pop out.

 

dx