Non delivery of goods

[tabletopdilemma]

Hi. I'd appreciate some legal advice please. If I placed an order for a bespoke product, to be delivered within a specific timescale and I have not received delivery, what are my rights? The company keep fobbing me off and they don't answer the phone. I cannot wait forever as the delay has already cost me money and is causing great inconvenience. Unfortunately I paid a considerable sum by bank transfer as a deposit for the goods. Thanks

Oh dear, bank transfer isn't a protected way of sending money. Speak to your bank and see what they say maybe. Small claims Court?

If you made it clear to the supplier that you needed the product by a specific date and they have not delivered, you can claim a full refund. If it wasn't clear to them, you need to give them a reasonable deadline for delivery. If they fail to meet this deadline, you can claim a full refund.

Its harder to get a refund when you've done a bank transfer especially if they are avoiding customer contact.

Thank for the advice. From what you have said I am entitled to a refund. I can't imagine them giving me one but I'll try.

Check the contract. I did the same with a garden office building. It was ordered and a significant sum paid up front. They delayed and delayed, I said if they couldn't deliver by X date I wanted my money back. They refused and said I had cancelled the order and therefore the deposit was forfeit. The Ts and Cs said I was entitled to my money back if they couldn't deliver by X date. I did a Money Claim online and got it all back.
I supplied my evidence and it took time but my rights were clear. Good luck

MCOL - Money Claim Online - Welcome

If they were aware of the deadline and have missed it, they are in breach of contract. Any term in their contract that allows them to hang on to your deposit in this situation is likely to be an unfair contract term, so will be ignored by the courts.

If they refuse a refund, send them a letter before action. This is a letter setting out the facts, saying what you want (return of your deposit), enclosing copies of any documents you will rely on in court , listing any documents you want from them, giving them a reasonable deadline to respond (28 days is normal) and saying you expect to take legal action without further notice if they fail to respond by the deadline. If they still refuse a refund, you can start legal action. Assuming the deposit was less than £10k, do not use a lawyer. The process is designed to be easy for you to do it yourself and you can't recover any lawyer's fees from the supplier. You can, however, recover the court fee and interest, so remember to include those when making your claim.

Thanks very much for your advice.

Your bank can do a faster payment recall. The other party will accept or decline this and if they decline, the bank will investigate the evidence you have. Worth trying that route before court

I used to work in banking, and I’ve never heard of this - BACS is pretty much the same as cash.

@Deathbyfluffy I'm surprised as I also used to work in banking and often filled these in if people sent payments to the wrong accounts. Unfortunately I know it still happens as going through similar to op. My situation is slightly different though.