Highbridge, Somerset
Not resolved
6 comments

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:-

info@noflameecig.co.ukinfo@ecigcustomerservice.comcustomersupport@securecustomerservice.comUK '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.

We collected other reviews about products and/or services offered by Direct E Cig for you to read. This information may help you with your purchase decision.

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Anonymous
#1381387

I GOT SCAM FROM NO FLAME TOO HOW CAN I GET MY MONEY BACK

Anonymous
#1372424

I have just recived two pack of e Cig and was charge for £59.99.I got the gift from one of the Supermarket free offer ,only to pay for postage.I don't even lik Cig but got it for my friend,but now I have to pay for the cig with they took from my Bank account.I knew it was a mistake with free offer,never again .iam taking this metter into a the hand of my lawyer.

Anonymous
#1343897

I did noit sign anything for these e cige please refund monies due to me or I will take this to the Judge in my local paper

Anonymous
#1286867

I came across this site during my research into how I might get back money that has been taken from my bank account without my permission as part of a huge scam which NOFLAME ecig operate.

Using the advice supplied above I have now managed to get at least a partial refund from the company, so I hope that this comment helps others.

You need three things in my view to do this:

1.Do not take NO for an answer.

2.

Be prepared to threaten them with everything that can damage their credibility by publicity (eg through legal action etc.)

3. Be patient but above all be persistent. Somethings you MUST know first: 1. The address of the company shown on the advice note that comes with the refills (207 Regent Street London)is a "virtual office" , ie the address exists physically but they do not actually live in the bulding.

Neither are they a client of the company that rents the virtual office space. 2. NO FLAME use the following address in Holland for the return of products: No Flame Coenecoop 595 , 2741 PT Waddinxveen, Netherlands. That place does exist in reality, and it looks like an mailing centre in an industrial estate.

3. NO Flame customer services phone number is 0800-056-1032 4. No Flame email address is :info@noflameecig.co.uk 5. The Company Registration number quoted by NO Flame as registered in the UK is 8515201.

That belongs to Berman Enterprises. According to Companies House that company is under a...

7. I threatened them with : The Netherlands Authority for Consumers and Markets (ACM) Trading Standards UK UK European Consumer Centre Clydesdale Bank Fraud Unit ( the Bank explained that until the goods were returned to the supplier it was viewed only as "disputed" transactions - but if no refund was forthcoming after goods were returned then it could become a fraudulent matter for investigation.) Police Scotland actionfraud.police.uk 8. When they still wouldn't cough up a refund I threatened social media coverage and local TV coverage. 9.

Like the previous victim has posted, do not waste energy ranting and raving. Channel your energy into a clear articulate position statement. 10. The Netherlands address is also used for an anti ageing cream scam, where customers have £95 taken from their bank account under similar "free trial" scam deals.

Dont be put off by the Netherlands connection - UK law still applies. Indeed it is clear Berman Enterprises has a track record in the US of similar scam dealings.

I hope this helps.I am still in battle with them but have just recovered some of the money (£350) out of the total scammed.

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Anonymous

sending refills i dont want and do not know how to stop them

Anonymous
Dalkeith, Midlothian, United Kingdom #1193771

Hi what address did you return it to?

Kathleen

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