Next step in getting money back from supplier.

[Fritz]

Ordered swimming pool equipment back in November 2004. It arrived December but was wrong specification. Taken away in January by supplier and since then in spite of faxes and phone calls no joy. Have sent recommended letter saying I now want my money back (€1.500).  Any suggestions what to do next would be welcome?

[Monika]

I don't know if this will be of any help, I have this address from the magazine "Maison & Traveaux" and it was given in respect of a builder being in breach of contract. It sounds a bit like a small court claim but there is a wealth of information on this site if you go to accueil:

www.lesformulaires.cerfa.gouv.fr.

 

[Fritz]

Thanks for that. I've had a look and it seems that for any goods over €500 the supplier must indicate on the order the time it will take to supply the said items. If the goods have not been supplied by the due date then one has the right to cancel the order with a recommended letter and get your money back.

However there is also this:

Attention : vous disposez de 60 jours ouvrés à compter de la date limite figurant sur le bon de commande pour résilier le contrat. Passé ce délai, le contrat pourra être maintenu par le professionnel.  

My French isn't fantastic but it seems to be saying that if the goods have not been received within 60 days of the date of the order, then the supplier has the right to fulfil the order and that it cannot be cancelled. Am I right?

[Teamedup]

It says, You have up to 60 days of the date stated on the contract to cancel it.

To cancel you would have had to do this by lettre recommande avec accuse de reception.

 

However, in your case I would suppose that they had not honored the original contract anyway, as they hadn't sent you the goods you had ordered in the first place. You need at least to contact one of the consumer groups about this or the DGCCRF.

http://vosdroits.service-public.fr/particuliers/F2892.xhtml 

[Fritz]

Problem sorted after the intervention of my local Que Choisir. Even if I had had to the tribunal I would not have had to pay any fees - as a paid-up member of QC it's all free. Yearly membership is €23. Money well spent. Would recommend QC anyone to do the same.

[Anton Redman]

Interesing - I lost faith with the Consumers Association after they published 'Which' a magazine which is always delivered in an envelope of plastic bag with a gate fold cover. Web site was worth a read meant to ask a question about equivalent of CA in France and never found the round toit.

http://www.quechoisir.org/