Tigersheds want to charge 25% for cancelling an order

[kp278]

hi, i cancelled an order before it was delivered. it was a shed and had a 'manufacturing' phase so i assume made-to-order, but it wasn't bespoke. i've been refunded 75% and sent a handful of letters asking for the other 25%, following correct protocol, pointing them to the consumer acts that say "The trader must not impose any fee on the consumer in respect of the reimbursement."

 

just filling in the moneyclaimonline form and want to check i'm not missing anything obvious before submitting.

 

the initial response from them before all the letters was

 

"Thank you for your email.

 

As you are aware, the charge for cancellation of the order following manufacture is 25%. This has been deducted from your refund which as now been processed.

 

Please allow 3-5 working days for the funds to reach your account."

 

thanks, kristian

[BankFodder]

Please will you tell us the name of the company that you are dealing with. I think that we also need to see exactly what you have ordered. If there is any way in which it could be said to have been "personalised" or that the company has in some way used some specifications specific to you then you would not be entitled to cancel and they will be right to impose some kind of administration charge – although I have to say that 25% seems to be an awful lot of money.

 

If you haven't merely ordered a standard catalogue item but it has had to be made for you, then the company's position will probably be that this is enough to say that it has been made to your specifications. However, the wording of the relevant exemption is

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

 

 

Using an ejusdem generis approach to the interpretation of this rule, it seems to me that any "consumers specifications" should have the effect of producing some kind of unique item rather than merely the generic catalogue article.

 

If this is the correct approach then you stand a very good chance of success in a County Court action.

 

Please will you let us know little bit more before you proceed to file your claim

[kp278]

hi, yes of course

 

I ordered this: http://www.tigersheds.com/product/tiger-shiplap-apex-shed/?option=427&gclid=Cj0KEQjw4fy_BRCX7b6rq_WZgI0BEiQAl78nd6bZVnI0Ci_CxdJ1r5L2FC-EDtQnUWtDoC9prQ1XwPAaAh1M8P8HAQ

 

no options or extras, just the standard £264 shed

[BankFodder]

Tigersheds. Thank you.

 

I see that on the page you have linked to, there is a blue button which allows you to go on to customise your order. This only reinforces my view that although the shed probably has to be built for you, it is not personalised in any way but there is an option for you to personalise/customise the shed if you wish to do so – and apparently you have not chosen this.

 

I think that your chances of success are extremely high.

 

Have you engaged with TigerSheds about this? The pre-action protocol requires that you give them 14 days to respond before you issue a legal action.

 

Even if you have given them 14 days, I would suggest that you write to them again by email and maybe even link to this thread so they can see what our opinion is and what we believe would be the result of a case against them – which is that you would probably succeed and be awarded the costs of the action as well.

 

Would you like to tell us what the wording of your claim is?

[BankFodder]

I see that on the same page that you have linked to, there is even an option which is described as "bespoke products". Once again, this helps you.

 

Could you please let us know at what point in the buying process are you informed about the manufacturing stage

[kp278]

excellent good news. i've sent two emails and three letters over the course of a couple of months, this is the wording of the last one i sent:

 

LETTER BEFORE CLAIM

 

Dear Sir/Madam

 

RE: REFUND FOR ORDER #

 

I have not received a reply to my letters dated 02 July and 01 August regarding a full refund for the item per the above order number. These letters explained why I am entitled to a full refund.

 

I note you have partially refunded £198.74 from the sale amount of £264.99. I am once again requesting a refund of the outstanding amount of £66.25 under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You will be aware this order was cancelled and I have not taken delivery.

 

I would like a reply as soon as possible so that I know you have received this letter. If you do not agree to the refund please send me a detailed response saying why you do not agree.

 

To avoid taking court action I am willing to use Alternative Dispute Resolution to resolve this problem.

 

If I do not receive a satisfactory response from you within 21 days of the date of this letter I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

 

I look forward to your acknowledgement.

 

 

i haven't yet written the particulars but i will post them up here before i submit anything

 

thanks

Edited October 13, 2016 by kp278
updated letter, had added wrong version

[kp278]

I see that on the same page that you have linked to, there is even an option which is described as "bespoke products". Once again, this helps you.

 

Could you please let us know at what point in the buying process are you informed about the manufacturing stage

 

it was after i had ordered. the order email sequence went thus:

 

1st email - "order confirmation"

 

it contained this paragraph, no mention of manufacturing.

 

What happens next?

A representative from the Tigerbox logistics team will contact you in advance of delivery via telephone or email regarding the date and estimated two-hour arrival time for your product to be delivered. If we do not receive any response from you following our initial attempt to contact, we will continue to attempt to contact you until we have successfully advised you of the delivery date. If we are unsuccessful in our attempts to confirm delivery with you, we will need to reschedule the delivery to take place the next time we are in your area and will once again attempt to contact you to confirm. However, rescheduled deliveries may result in a delay of another few weeks.

 

2nd email - "Order Update"

 

Step 3 of 6

Manufacturing - Awaiting scheduling (11/04/2016 04:00:05 )

You order has entered the manufacturing process and will be assigned with a delivery date shortly.

 

3rd email - "Delivery"

 

On the 19th they confirmed a delivery date of the 25th. I cancelled the order on the 21st but delivery was still attempted on the 25th. I refused delivery.

[BankFodder]

I suggest that you send them one final email, explain the reasoning that I have given and tell them that you have consulted the Consumer Action Group and that they can find the thread – and then give the link in your email.

 

I imagine that that will probably excite them a little.

 

I would suggest that your claim is kept very simple.

 

On XXX date I made an online contract with the defendant's and ordered a standard shed with no customisations for £264.

 

X days later and before the shed was delivered I attempted cancel the order. The defendants are withholding 25% of the sale price as a cancellation charge on the basis that the shed was now at the manufacturing stage.

 

This is contrary to the off premises contractual is contained in the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

I claim XXX pounds plus interest pursuant to section 69 of the County Courts Act 1984

 

Please keep us informed as to what happens

[BankFodder]

If you win this then I suggest that you contact trading standards and inform them.

[kp278]

ok thanks again for the particulars, will pop back in due course

[ericsbrother]

Agree with bankfodder,

As they are selling directly to the consumer and this isnt a bespoke item the Sale of Goods Act applies and the more recent parts of that covering distance selling give you the right to cancel or return items without giving a reason. Even the list of options you can choose doesnt make this a bespoke item, same as DFS sofas arent despite them saying they are made to order. They are all standard parts and options.

[kp278]

 

Hi all

 

The claim has been defended - disputed full amount. Statement of defence attached.

 

My (obvious) stance on this is it's irrelevant what is in the terms and conditions, otherwise they could say 'if you cancel this order you must pay us £500'.

 

(This is more for my understanding, but none of the communication they sent contained anything about the terms they are relying on - should it? I understand when it comes to distance selling the customer should be sent information in a 'durable' format. Is that the guidance for all t&c's?)

 

Also despite their assurances that they have tried to contact me, they rang me once, hung up before I could answer, and didn't leave a voicemail. It's laughable that they are so keen to reach a solution away from court, despite my multiple attempts over a couple of months to do just that!

 

Anyway, soapbox over. I expect I should just agree to mediation - any suggestions on stance, or just the basics of, it's not a bespoke item, you can't claim costs per the consumer contracts law, end of.

 

Thanks, Kristian

Edited December 15, 2016 by kp278
adding attachment

[BazzaS]

Agree to mediation : that doesn't mean you have to accept less, but you can let them see that if their defence is their T's & C's that your stance is that theirT's and C's can't over-ride statute law

(This relies on you have no ordered as a consumer rather than business to business, though ; any chance they might claim you are a business)?

[kp278]

nope not in the slightest, consumer all the way!

[ericsbrother]

when the time comes make sure that you ahve a nice screen shot of their catalogue shwoing pictures of standard sheds and thei variants with price lists.

As said, made to order is not the same as bespoke, they made a standard shed out of planks for you,that is not like coming round to your house and measuring your garden and making a shed that cna fit into a certain place and is no use to anyone else.

I have made jewellery for years and nearly all of those items have been made to order, very few truly bespoke. I used standard components that are then assembled, stones mounted and the whole thing finished. same goes with a shed, they dont have to carve a special tree into a shed shape just for you. Ultimately if the customer changes their mind I can either put it into stock or take it apart and reuse the bits. I dont make a loss by doing this, I just fail to make a profit at the time. same goes for them, they deliver as a flat pack so dont even suffer from wasting their time packing transporting and assembling it.

[ericsbrother]

doesnt even mention made to order on web site closest that comes to it is customise and buy button and that is just adding optional extras.