This refers to UK laws - look up consumer protection regulations for USA & other countries
First, tell bank to put a stop on continuous payment authority. Cancel your card, but not your account. A refund to your original card number will still reach your account, but no debits can be made using the old card number.
Ranting & raving at them will do no good whatsoever. They will never admit it's a scam, so there's no benefit in pointing out why it is. Instead, concentrate on all the regulations they have violated. Don't criticize the e-cigs – I wasn't asked if I'd opened them, but if they ask you, say no you haven't tried them. If you're not in the UK, look up all the consumer protection laws for your country.
By the way, their terms & conditions state starter kit has to be returned unopened. Ignore this. Under a distance selling contract, a supplier cannot make refunds subject to the goods being returned unopened in their original packaging. One of the principles of the distance selling regulations is to give you a chance to examine the goods at home, not having had a chance to do so in the shop. It would be impossible for you to do this without opening the packaging and trying the product out. But you can never be penalised simply because you did not return the goods in their original packaging.
Tell them to cancel your so-called contract & give you an immediate refund of £whatever.
Say something like "You have failed to provide the requisite pre-contract information.You have failed to comply with virtually every UK consumer protection regulation. & if you do not refund my money immediately, I'll have no hesitation whatsoever in instigating legal proceedings against you for recovery - and there is absolutely no doubt that you will lose the case & have to pay all costs. I will also report you to all the relevant authorities, including Trading Standards, Advertising Standards Authority, etc.
Speak authoritatively & with determination. Sound confident and never hesitate. Familiarize yourself with the worst contraventions from the suggested email below so you can reel them off quickly & it doesn't sound as if you're reading it from a list.
They will repeatedly say the payments were explained in their terms and conditions. You say but nobody ever reads these.
Wait until they say that you ticked a box to say you accepted them.
Then hit them with - "But you should have provided a box which I actively had to tick to say that I agreed to further payments – no such box existed and as I wasn't made aware of further charges, you had no right to take them. By law, you have to tell people what they are signing up for. Putting it into terms and conditions is not enough. Therefore, it doesn't matter what you put in your terms – your criminal activities have rendered them invalid.
You described it as free and gave no indication that I would have to pay more than the cost of postage. This is illegal and a criminal offence in the UK.
Keep saying if you don't want to go to Court and be reported to the authorities, pay up.
Just when I thought I was never going to get anywhere, the woman on the other end asked if she could put me on hold for a while. I knew then she'd cave in. Came back with the offer of a partial refund. Reject this immediately if it happens to you. Keep saying they can either pay it all back or face the consequences. After a while, you should be put on hold again & hopefully they will then agree to pay back the full amount.
Tell them you want this confirmed by email.
They will give you return numbers to affix to the parcels they think you are going to return at your own expense. Go along with this – don't say you won't. But do say you're not sending anything back until your money arrives.
My email arrived within the hour, followed by another the next day with transaction numbers of refunds. Took 3 days to be credited to my account.
Before you ring them, though, I suggest you send this email to them. During telephone conversation, keep telling them to read it.
I have to say I know nothing about consumer law, but I spent ages researching all the relevant regulations to find a way to get the toss pots and it worked.
They have 3 email addresses that I am aware of, so send it to all of them:-
email@example.com@firstname.lastname@example.orgUK 'phone No. 0800 056 1032 (diverted to the States)
If you don't get anywhere, suggest you keep repeatedly forwarding the email – get friends to do it to – clog up their inboxes. Keep ringing and generally be as much as a nuisance as you possibly can.
Order No …..
I DEMAND AN IMMEDIATE REFUND.
You are in breach of contract – you have failed to comply with virtually all of the UK consumer protection rules and regulations - the following is a list of the main contraventions:-
Under the Consumer Contract Regulations, you have failed to provide me with pre-contract information and cancellation rights and I am writing to confirm cancellation and gain a full refund of my money back.
It is a criminal offence if you do not comply.
Practices Prohibited in all Circumstances:-
Falsely stating a product is only available for a very limited time in order to make the consumer make an immediate decision
Describing a product as 'free', 'gratis', 'without charge' or similar if a consumer is going to have to pay more than the cost of responding to the advertisement and collecting or paying for delivery of the item"
Ring any bells?
Under the Consumer Rights Act 2015, Consumers must now actively tick a box to say they agree to further payments – if they aren't made aware of further charges, they will not be liable for them."- No such box was provided.
By law, you are required to inform people what they are signing up for. Putting it into terms and conditions is not enough, therefore, the 14 day rule does not apply
The trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (NONE WAS PROVIDED)
Even if legitimate pre-contract information is provided, which it obviously was not in this case, the purchaser's right to cancel an order starts the moment the order is placed and ends 14 days from the day of receipt. NO RIGHT TO DEDUCT FURTHER PAYMENT 14 DAYS AFTER DATE OF ORDER.
This person wrote the review because of problems with payment of directecig starter kit from Direct E Cig. Reviewer claimed that he or she wants Direct E Cig to read this review and look into the issue (if any).
If you have a chance, please immediately contact him/ her to briefly discuss his/ her negative experience with the company.
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