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Original poster

Merchant refusing to void transaction

16 replies

User181019 · 20/10/2019 23:43

Hi there, posting to get some advice as I can't sleep due to worry. Made a transaction tonight for a few grand due to being silly enough to succumb to pressure tactics from salesman at a well established dealership. Not a car or a caravan. I was told that we had 30 days to trial and if we changed mind, we could return for a refund. So I assumed this meant a cooling off period so we paid by credit card. Half hour later having left the dealership, I realised that I'd been pressured into buying something that didn't meet the criteria we came in with so called immediately to cancel the transaction. Nothing had been done. We haven't taken delivery of the item. Salesperson spent 45 mins with us then locked up and left when we left. No delivery or any other loss on their side other than spending 45 mins with us.

After initially refusing a refund and demonstrating a complete turnaround in how we were spoken to (very nice to not very nice), I was too shocked to raise the 30 day trial and refund. However, he did finally agree to void the transaction immediately although some not very nice things were said about me. I didn't say anything as I just wanted the transaction voided.

I have now been in email exchange with this person tonight. I've asked three times now for him to confirm that the transaction has been voided as he agreed. He's ignoring the question and only replies by saying he might have something else I'd like to purchase instead. I've already contacted the bank to say they can see the request for the transaction but it hasn't been voided yet. I'm getting really stressed as it's a considerable sum and his refusal to confirm is setting my alarm bells ringing!

I know that under statutory law, I don't have a right to a refund for change of mind (even if i did feel pressured to buy it on the spot). However, company policy is a 30 day trial which he isn't honouring. The transaction was cancelled orally by me straightaway so I don't understand why they are being difficult about it!!!! On top of the trial policy (which would entitle me to a refund if they went ahead and delivered the item), he also agreed to void the transaction. It's Sunday evening so hasn't been settled yet by the bank.

Really stressed about this. If the merchant continues to pretend that he's agreed to void the transaction, what recourse do I have to get the money back if the transaction goes ahead? I feel that the company policy of a trial then refund PLUS his oral agreement on the phone that he would void the transaction there and then must count for something!

Extremely stressed by this and also dreading having to speak to him tomorrow as I know it will be more hard sales pressure tactics combined with mild insults which I must ignore. I need to focus on getting my money back!

Thank you in advance. Yes, I know I'm a fool to have been pressured into buying. Still, it remains that the company is messing me about and I fear being conned.

OP posts:

WingingWonder · 20/10/2019 23:51

Key points
Was it custom made
Did you walk away with goods? If not did you sign anything
How can you prove the cooling off period
Was the transaction in situ or made on a company website? This is then distance selling, even if you are present

Original poster

User181019 · 21/10/2019 00:07

Not custom made. On shop floor. Didn't walk away with it. Left on shop floor!

No distance selling but website does very clearly state even if it was delivered, customers have a 30 trial period. If you change mind for any reason, they'll refund and take it back. This was also repeated to us for reassurance before we handed over the credit card. Hence we didn't think it was a big deal to change mind as it saves them the effort of delivery and collection.

It's a well established business as well. All legit and which seemingly prides itself on customer service. I'm shocked at how nice he was until he got my money then it all changed. I dare not leave a negative review online as he has my address, email and contact details (not that he would do anything I hope!). Irony is that we changed mind as what we bought was much lower spec than what we wanted. So actually would have taken refund then probably spent more. But we've been super put off by the change in attitude and won't be going back under any circumstances.

OP posts:

zebra22 · 21/10/2019 00:12

What did the credit card company say??

What paperwork have you got? What does that say?

WingingWonder · 21/10/2019 00:13

But what paperwork do you have either physical or via email/ econtract.

WingingWonder · 21/10/2019 00:14

At present you can’t leave a negative review for something. That hasn’t happened, so far you’ve ordered something, which hasn’t yet had cash taken for on your card

WingingWonder · 21/10/2019 00:16

Actually- what is th eproduct if you don’t mind sharing, as this has a fundamental impact on your rights as a consumer ie personal care, mattress, furniture etc

Cat2014 · 21/10/2019 07:58

Can you contact your bank and initiate a chargeback?

Crawley65 · 21/10/2019 08:03

I had a similar experience. Bought an expensive bed, £1500, got hone and had second thoughts. They had a 30 days cancellation policy so I went and cancelled it. Fortunately staff were fine and did it immediately.

Stickbto your guns and point out their 30 day policy. Good luck.

Crawley65 · 21/10/2019 08:04

Note, it had been delivered

BarrenFieldofFucks · 21/10/2019 08:06

I wouldn't assume he isn't going to void it. If he left when you did he won't have been back in yet.

Original poster

User181019 · 21/10/2019 11:33

Thanks everyone. Product hasn't been delivered. I daren't say what it is in case it outs me but it isn't something that is custom made. I've called the credit card company and they have said if the merchant refuses to void the transaction and it goes ahead, I need to request a refund. If he still refuses, to raise a dispute and they will make sure I get the money back. I have screen shots and evidence of the 30 day free trial, my partner was also there when we were assured about the 30 day return policy and I also have it in writing that he's agreed to void the transaction.

It's stressful because of the way the merchant has handled this. He has said things like how cross he'd be if i don't come back and buy something and that, if i don't come back to buy, I'm a total crackpot.
But that if i do, then it's "all good" between us. Even after agreeing to void the transaction, he spent a good while trying to persuade me to "sleep on it" and not go ahead with the refund and he'll find me something else to buy that meets my original spec (even though, at this stage, I wouldn't want to buy from him even if he has what I want!). It's the psychology of it all. Anyway, my partner has advised that I block his calls and not respond to his emails. I am REALLY hoping that I don't have to call back and ask for a refund as I know he's going to try his spiel again.

Barrenfieldoffucks - the guy owns the business so he had his card machine with him. I found it unsettling that despite agreeing to void the transaction and me asking him to confirm that it had been done, he kept on replying with more pressure to buy and avoided answering the question until the third time I asked. It's now mid morning and the transaction still hasn't been voided according to the credit card company. The way his attitude changed as soon as we had paid makes me thing that he's going to try make this as difficult as possible.

Thanks all. I'm really time short and have a lot going on in my life so don't really want the hassle of taking this to dispute. But I will stick to my guns. Thanks again all.

OP posts:

delilahbucket · 21/10/2019 11:40

It may say on the website you get a 30 day trial, but they have to accept returns anyway online. Did they specifically say you get that in store too? What does your contract/receipt say?
If you have it in writing you can return within 30 days then do a chargeback with your bank if the refund has not been received by the end of the week. Nevermind the salesman, escalate to the store manager, and tell them you will be initiating a chargeback on x date if no refund has been received.

delilahbucket · 21/10/2019 11:42

Ps. They can't just void a payment that has already been authorised and gone through. They will have to refund and it will show as two separate transactions on your statement. Your bank won't be able to see a refund until it lands in your account.

bananasandwicheseveryday · 21/10/2019 12:11

I see that the salesperson also owns the business. Is it the sort of business that might operate on a franchise basis? If so, it might be worth contacting the parent company to see if they can help? After all, they won't want their reputation damaged by something like this.

Original poster

User181019 · 21/10/2019 13:58

delilahbucket, the 30 day trial applies to stuff ordered in store too. Due to the cost and it wasn't what we had come in for but had been persuaded, what swayed us into paying was the seller saying that we had a right to change our mind within 30 days. He very clearly said this which is why we thought it would be OK to pay. So I'm genuinely confused how this can be reconciled with a "no refund policy". Receipt doesn't say anything unfortunately and we only had an oral contract. Credit card company said that the transaction could be voided as it was done Sunday evening and was still pending. This would be more cost effective for the seller rather than waiting for it go to through then processing a refund.

bananasandwicheseveryday, not a franchise unfortunately. He is the sole owner of the business. I'm also surprised that he would behaving like this. He's in a business which relies heavily on the reputation of the dealer so genuinely surprised that he's being so difficult and aggressive about it.

OP posts:

RosesAndLilies · 25/10/2019 19:42

Did you get it sorted? Hope so

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