Getting money back from supplier

[powervan]

Lads having hell of a job getting money back for a canceld kit ! I canceld it after 2 other kits turned up with bits missing but they want to give me credit note????? Anyone else had this!!!!! I want my dosh back!!!!!!!!

 

[topquark]

Lads having hell of a job getting money back for a canceld kit ! I canceld it after 2 other kits turned up with bits missing but they want to give me credit note????? Anyone else had this!!!!! I want my dosh back!!!!!!!!

You're entitled to a refund, reject the credit note. If you paid by credit card, let your card company take care of it for you.

 

[powervan]

cheque!!!!!!!!!!!!!!!!!!! makes u laugh they think im gonna do business with them again!! they cost me £1000 in waisted labour waiting for bits in so called KITS that i said DONT send out unless FULL KITS!!!!!!!!!!!!!!

 

[topquark]

Just quote the sale of goods act to them. You've returned the goods you are entitled to a refund. They are allowed to charge a (reasonable) restocking fee, but just suggest to them that if they want future business and recommendations from you that would not be a good idea

Worth checking their T's and C's as well.

 

[powervan]

never recieved the goods!! i canceld before delivery as time had run out!!

 

[topquark]

never recieved the goods!! i canceld before delivery as time had run out!!

In that case they failed to meet their contract to deliver (time is of the essence in contract law). You are entitled to a full refund.

 

[dansk]

Just have read of the distance selling regulations, full refund no questions, no restocking charge, no deduction for delivery etc, get your money in full.

 

[solarsavings]

Are you sure the regs apply to B2B sales.

 

[dansk]

no - seem DSR dont apply to B2B, then again how can i forget that if you run a business there isnt any protection!

 

[topquark]

no - seem DSR dont apply to B2B, then again how can i forget that if you run a business there isnt any protection!

Correct, DSR doesn't apply in this case. However the sale of goods and services act still does.

 

[saint]

We too are struggling to get a refund for goods cancelled before delivery. Have been trying for 5 weeks now. No reply to my emails and promises of call back which dont happen. (Supplier contacted us via this site after i posted a message looking for kit BTW so beware!).

What's our next step?

Sorry to hijack the thread....

 

[topquark]

Depends on the sum involved, first thing is send a registered post letter saying that if payment is not returned within 5 working days from receipt of the letter then legal action will be taken (often does the trick). Failing that if the amount is small enough (£5K I think it is at the moment) then use the small claims process.

 

[topquark]

Here's the small claims process documentation: Making a court claim for money : Directgov - Money, tax and benefits

 

[Green]

Care to let us know who this supplier is - I'd like to make sure I avoid trading with them

 

[powervan]

will do if i get no luck tomoz!!

 

[Del Boy]

Hi Guys,

I did write a pretty lengthy post with the relevant legislation which I think are useful in these cases but it went to the mods I think and hasn't appeared!

I think you are both covered by the Distance Selling Regulations (http://www.legislation.gov.uk/uksi/2000/2334/contents/made). If you google this you will find that unless you agreed a date for delivery, it was deemed that you should have the goods delivered within 30 days. If the seller did not meet this or an agreed date, he needs to agree a new date with you. If he hasn't he should refund you the money.

Also, and extra right you have is to cancel the deal and get a refund up to 7 days after delivery. If you haven't received the goods yet, you are well within this period! You don't have to wait for them to be delivered. They then have to reimburse you asap but definitely in 30 days.

I agree with others that a strongly written letter will help but make sure you notify them you want to cancel under the DSR or you may be too late by the time they reply to your letter!

Hope this limited knowledge helps.

Thanks,

Del Boy

P.S. Scottish law a bit different, did you buy from there?

 

[Somecamel]

Pretty sure distance selling regs only cover 'consumers' not business'.

 

[Del Boy]

Sorry! Yes if you bought it under the company name this is b2b so not covered and you'd have to check the t&cs in your contract with them.

If you bought it individually you'd be covered but I suppose no-one has done that as the vat is a different rate.

I still think it might be worth a try as although they don't have to abide by the DSR they might not know that!

If you agreed a date they are in breach of contract.

 

[Earthstore]

Don't shoot me down on this, but, "Any product or service has to be fit for the purpose that it's intended", if the order was incomplete or the delivery was late then it was not fit for purpose.
If you paid by credit card then you are covered.
These suppliers knew of the urgency, if they could not complete then they should not have taken the order.
Hope this helps and Happy Christmas.

 

[BruceB]

Generally in contract law time is not of the essence unless made specifically so. Therefore late deliveries do not get any specific compensation unless:
- a delivery date had been contractually agreed and an actual loss can be shown; or
- liquidated damages had been agreed in advance.

It is at least arguable that even though as a starting point time is not of the essence, in the run up to 12 Dec both parties were very well aware of the impact of the Government deadlines so time was implicity of the essence even if not made explicity so.

But before rushing to litigation remember the winners of court cases are often the lawyers.....

Regards
Bruce