Blatant Disregard of Consumer Contracts Law

[DontAsk]

I will not name them (yet) but I have an issue with someone who's website clearly uses the words "shop", business", "company" yet claims to be an individual selling privately and above the law.

The issue is a refund of the original postage cost for an order that I wish to cancel under the consumer contracts law (what was distance selling). The law is clear that they are required to refund the postage as well as the cost of the items. I am happy to cover the return postage as that is covered by their terms of business. Their response 'I do not have to comply with any "laws"'

It's probably a bit complicated in that I used my company debit card for a private purchase. I'm not sure a chargeback would be honoured, how do I prove it was B2C and not B2B? The items would be unsuitable for use in my business, so that would be on my side, but I'm worried my bank may take a dim view.

Will trading standards in their area investigate? Do they have the resources these days?

Is describing the business as a "Company" allowed when it's a sole trader, not incorporated in any way?

 

[fisicx]

No, you cannot call yourself a company.

And even as a sole trader they have to comply with law: B2B or B2C.

Trading standards like this sort of thing.

 

[DontAsk]

No, you cannot call yourself a company.

What I thought but my google enquiry came back with slightly non-commital answers.

And even as a sole trader they have to comply with law: B2B or B2C.

Trading standards like this sort of thing.

He's gone quite on me now, after accusing me of being disrespectful and discourteous for pointing out the issues. It's less than £30 and I could take it on the chin, but not now.

 

[fisicx]

Was that an AI answer? You cannot call yourself a company unless you are a registered entity.

 

[DontAsk]

Was that an AI answer? You cannot call yourself a company unless you are a registered entity.

Even some real answers seemed to be conflating "company" and "Ltd company". I know you cannot call yourself ltd if not actually ltd.

 

[Frank the Insurance guy]

I used my company debit card for a private purchase

This may cause an issue as it may create the contract between the seller and your company, not you as an individual - as the company has paid for it, not you.

 

[Gecko001]

deleted

 

[Gecko001]

It is not advisable to refer to a sole trader business as a company even if it employees several people. It is better to refer to it as a firm or a business.

 

[tony84]

The vendor would not know you used a business card.
It asks for card number, name on card...

You might not have much luck on the chargeback. But the vendor would not know it was sold to a business?