25 July 2020

avoid at all costs!

This post refers to the Low Carb & Keto Bakery - run by Carolin Anuruegbe, registered as Company Number 11998044 in England & Wales.

Full details coming soon - for now, for your own good, please avoid!

In the meantime, given they are furiously ridding themselves of negative reviews on trust pilot, here is the advice I have previously posted about how they are treating your Legal UK Statutory rights, and how to approach a refund

Your Statutory Rights when dealing with refunds and cancellations from this company

(My post from 3rd July)

I’ve been made aware of this Company and how to get a refund for a product not delivered after many, many weeks.

To those looking for a refund, please remember your Statutory Rights exist at all times - these are Laws enacted in UK statute - so the blanket no to refunds is at the very least unlawful.

There are two Acts/Regulations in play here:

Consumer Rights Act 2015 - this is the primary Act for business to consumer selling.

This ensures that your goods are of satisfactory quality, fit for particular purpose, and as described - if these aren’t met, you have the right to refund.

Therefore stating “Please note we are unable to accept returns in accordance with the Consumer Contracts Regulations (2014) which replace the EU Distance Selling Regulations.” - is incorrect, since in this respect, if the goods do not meet the requirements of the Consumer Rights Act 2015, they can and must be refunded.

Let’s take a look at the Consumer Contracts Regulations (2014) which they conveniently refer to in their T&Cs.

Section 29 gives the consumer the ‘Right to cancel’ there are some exclusions to this, for example if you bought a digital service, and used it, then it no longer applies.

In their Cancellation policy this Company states: Cancellations are NOT allowed as processing starts almost straight away and all goods are perishable and made to order. This is in accordance with the Consumer Contracts Regulations (2014) which replace the EU Distance Selling Regulations.

Which is fair - good are perishable, and made based on a customer order - however, take into account the ‘perishable’ part - it is therefore reasonable to assume that once the product has been made, it would be immediately shipped.

So it is fair that the Regulation would apply at the point that this Company starts making the Good, taking into account that they are perishable, you would therefore expect it to be shipped within 24 hours using suitable packaging to ensure food safety.

With this in mind, if you have requested a refund, been referred to this clause AND have not seen any sign of shipping within a reasonable time, then they are in breach of this Regulation - whilst also trying to deprive you of your statutory rights.

REFUNDS

Section 34 of the Consumer Contracts Regulations (2014) states that refunds need to be completed within 14 days.

As does Section 20 of the Consumer Rights Act 2015.

A refund that takes longer than this is in breach of your Statutory Rights.

It’s not hard to be a Company that operates on the right side of the Law, and it pains me to see Companies such as this playing fast and loose with their obligations.

Disclaimer: I’m not a lawyer, but I do have a very keen interest on Consumer Law, no matter the size of the company that is breaking it.

GET OUT QUICK - get your bank to refund you NOW

(my follow up post on how to get a refund from your payment provider)

It looks like the Director of this Company has started a new company called Keffo - based at the same location as the Low Carb & Keto Bakery.

This kind of activity is potentially indicative of a move to start up a new Company, whilst tearing down the other.

So, ACT NOW to get your refunds.

Did you use a debit or credit card? you can call your bank/card provider and ask for a ‘chargeback’ - unsure about how this works? Google it, and read the moneysavingexpert article

If you used a credit card AND it was over £100 you can use Section 75 of the Consumer Credit Act, but same as above - call your bank/card provider

PayPal? Search for disputes on the PayPal site

If the Company does fold then it’s best to get your money back now from your Bank, and have them be the creditors instead of you.

Additionally you should google ‘complain about a limited company’ and follow the reporting procedures on the UK Gov website, if you feel that their denial of refunds is a breach of your statutory rights (see my other review of this Company) - if enough do this, and they are found to have been acting fradulently, then this could save pain for future customers.

Good luck all!



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Southeastern Railway Action Group
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