The chargeback has also not been delivered – yet – so another dispute

Sudesh Gupta got in touch in April to say that he was trying to cancel an order for Emperium epos from E-Novations for his Quick Stop in Chalfont St Peter (C-Store, 3 May). He then learned on email that the hardware wasn’t what he expected, nor was the warranty, so he said he didn’t want it.

E-Novations said he couldn’t cancel although they hadn’t – and still haven’t – delivered anything. Sudesh said he would claim his £959 back from MasterCard although MasterCard said he couldn’t claim back until after delivery. My attempts to talk to the company fell on deaf ears.

M&S Bank has now written to him with a reply from E-Novations, which seemed to think the deal was still going through. They’ve asked Sudesh to respond within 14 days and if he disagrees they will continue to process his formal dispute with MasterCard which could take a minimum of 60 days.

Because, as Sudesh says, his English is not great, he has appointed John Milburn, a financial consultant, to write to M&S Bank on his behalf.

Among other points, he has written: “End user Licence Agreement for Emperium Software states under Article 3 Acceptance ‘By signing the order form allowing E-Novations to download the software or by using the equipment that contains the product you as licensee are consenting to be bound by this agreement’ etc.

“I would once again state that Mr Gupta assures me he never took delivery of any product, or that he downloaded any computer software associated with this dispute in which case he is not liable to pay any monies to E-Novations.”

His letter also asks for proof of any deliveries by way of a signature on any delivery documents.

I hope M&S Bank does what its stores do: they give your money back if you don’t want the goods.