McAvoy Guns Wigan - Taking payment for out of stock item

[phaedra1106]

Ordered a die from McAvoy on Friday morning, got an order confirmation back by email then about an hour later another email saying it was out of stock and wouldn't be able to get one until at least the end of July but would probably be even longer than that. Invoice was attached showing "Payment Pending"

I emailed straight back and told them to cancel the order and not to take payment. Just checked my online banking and they have fully completed payment and taken the money

Anyone had any dealings with them and know how they handle complaintss?

[meles meles]

You may well be covered by the Distance Selling Regulations so ought to get your pennies back...

[phaedra1106]

Indeed, but they can then take up to 30 days to give me the £37 back.

I'm just rather peed off they still went ahead and took payment after telling me they couldn't supply it and being told to cancel the order and not take payment, very naughty.

[meles meles]

oh that's just plain unacceptabubble !

[saddler]

What die was it?
I can get most US dies from the USA in about a week; look for Natchez Shooters Supplies
Better than UK prices...why get messed around by middle-men and rip-off importers?

[phaedra1106]

Hi Jon :)

Did you want the 204 shellholder sending?.

The die is an RCBS Powder Checker, was a decent price at £31 + shipping. I was hoping to get over to the US next week for my goddaughters first birthday next Saturday but my son doesn't want to go and I can't get anyone to stay with him. Pity as I wanted to pick up a few bits and could have used the extra luggage allowance!.

Do Natchez ship to the UK OK? it says they won't display shipping charges until after placing an order?.

[Geordie bloke]

They could possibly be in breach of the Sale of Goods Act.
The order was based upon them providing you with the item from stock in consideration for money. If they then take your money and change the delivery schedule to some point in the future without you agreeing to it, then they could be in breach of the contract as the terms and conditions have changed. They have your money and you have not received 'consideration' - ie the goods.
They have not acted like a reasonable company, as a reasonable company would allow you to cancel the order because they have changed the delivery date which may not be acceptable to the buyer. So for them to receive your cancellation and still take your money is not acceptable business practice.
I would contact them again and try and resolve the matter in a calm manner and state some of the above points, and if they are still being unreasonable, notify them verbally and in writing that you are taking the matter further and contact someone like the Office of Fair Trading.
Hopefully reason will prevail as the sum is pretty small and they will not want to get involved in any dispute and any bad press that may emerge.
But do not threaten them with - I will tell my shooting mates your nothing but a bunch of robbing b*st*rds etc etc.

[phaedra1106]

It's just bl@@dy annoying :)

Must be a Geordie thing!, well I'm originally a Mackem but have lived near Beamish for the last 27 years so not really either now!.

[M99]

Why not rung them up and ask them as opposed to posting on a forum?

If you bought online then the payment would be automated and the "pending" was simply that whilst it went through.

[phaedra1106]

It should stay as an "authorised hold amount" against the debit/credit card available balance until stock and/or shipping is confirmed and the retailer completes the transaction, as they emailed and said they couldn't supply the transaction should not have been completed.

It's against the law,

"Making an invitation to purchase products at a specified price, without disclosing the existence of any reasonable grounds the trader may have for believing that he/she will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered." This is known as bait advertising.