Company refusing to refund the full amount

[QuestionableMouse]

I bought a chair on 26 Aug from a local company (if anyone wants to know PM me and I'll share the name. They're awful.) Told six weeks for delivery.

I'm still waiting for it to come. They've lied to me repeatedly about a delivery date, why it hasn't been delivered. The staff I've spoken to are rude and unhelpful.

I rang head office today to ask for a refund and they're refusing to refund the full amount, saying I have to pay a 25% cancellation fee. Does anyone know where I stand legally on this? It's a big chuck of money to lose for their shoddy service.

Thank you!

[ExclamationPerfume]

If you paid by credit or debit card contact your bank and ask them to do a chargeback.

[Roselilly36]

What does the contract say OP?

[Noitjustwontdo]

If you paid by card just contact your bank. I had to do this back in June when Holland&Barrett didn’t fulfil an order. I waited 6 weeks for it to turn up but it never did so I contacted them a fair few times to request a refund which they ignored. Barclays sorted it out straight away and I had the money back within hours.

[QuestionableMouse]

That it would be delivered within six weeks. It does say they will charge a fee for cancellation but seeing as they broke the contract first by not delivering I don't see why I should lose money. It's been almost ten weeks and they still can't tell me if or when it's going to arrive.

Will get in touch with the bank, thank you.

[AcornAutumn]

Maybe post on the legal board?

[QuestionableMouse]

Thanks! I didn't realise there was one!

[AcornAutumn]

It’s here

Maybe MN can transfer this for you but I don’t know

[AcornAutumn]

www.mumsnet.com/Talk/legal_matters

[QuestionableMouse]

Thank you!

[Clymene]

Chargeback. They broke the terms of the contract. Go onto your bank's website and search for chargeback. You can usually do it online and they're quick at processing them.

[prh47bridge]

You agreed a 6-week period for delivery. I presume you did not tell them that delivery within that time was essential. If you have already given them a later deadline for delivery (it sounds like you may have done so) and they have failed to deliver the contract is at an end. If you have not yet given them a new deadline you should do so.

If you have the right to treat the contract as being at an end due to non-delivery, they must give you a full refund without delay - Consumer Rights Act 2015 section 28(9). That is the law and overrides anything in their terms and conditions.

[QuestionableMouse]

Thanks. I've asked them repeatedly for a delivery date and they just keep telling me that it'll be xx date. Then xx date comes, the chair doesn't arrive and it starts all over again.

[prh47bridge]

Instead of asking them for a delivery date, give them a deadline. Tell them that if they do not deliver by that date you will regard the contract as being at an end and will expect a full refund as required by the Consumer Rights Act 2015 section 28. Do this in writing (email will do).

Assuming they miss your deadline, you then need to send them a "letter before action" (again, email will do) setting out what has happened, stating how much you want them to pay you, giving them a reasonable deadline to respond and stating that you will take legal action without further notice if they fail to respond by the deadline.

[Clymene]

Info about how to ask your bank to do a chargeback: www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/getting-your-money-back-if-you-paid-by-card-or-paypal/

[Scbchl]

Did you order it online?

[QuestionableMouse]

No in store and was led to believe it would be coming from there, not a factory.

Thank you for the help. I'll email them though I have in the past and never had a reply.

[prh47bridge]

Them not replying isn't a problem in terms of taking legal action to get your money back. You just need to show that you've done the right things.

[QuestionableMouse]

Just wanted to update - I've tried multiple times to contact them. Every email just bounces back to me, and the phone either rings out or is constantly engaged.

I still don't have the chair or my money back. I'm trying to get the bank to do a chargeback.

[prh47bridge]

By "bounces back" do you mean you get a non-delivery report?

[QuestionableMouse]

Yep. It's the right email and spelled correctly. Just keeps failing to deliver.

[LaurieFairyCake]

Bankrupt? Ceased trading ?

[prh47bridge]

If they've ceased trading you've probably lost your money. However, if they are still there your next step is to write to them using snail mail. See my post of 3 November, 7:14 which sets out the letters you need to send.

[QuestionableMouse]

The shop is still open (as in they're still have stock and there's a sign in the window saying they're reopening soon).

Will post a letter tomorrow to their head office address.

Thank you

[QuestionableMouse]

Rang the bank today and was told that I have to get in touch with the company and get them to email/send me a note saying they authorise the charge back.

I've emailed multiple times with no response, sent a signed for letter which was returned to me and rang multiple times. Short of physically going through to their head office I have no idea what to do next but they owe me a either a chair which still isn't available or my money back.

Really, really fed up with the company and their terrible service.

[prh47bridge]

Send them a letter before action as I described in one of my earlier posts. If they fail to respond you can start legal proceedings. If they still ignore you, you will be able to get a default judgement against them. If they ignore that you will have to go back to court and ask for enforcement action to be taken.

The big question, however, is whether they are still trading. The shop having stock and a sign in the window doesn't prove anything, unfortunately.