Natwest Refuses Chargeback

jonesMUFCforever wrote: »

IMO Distance regulations does not apply here as bike was not sent to OP as he did not complete the purchase.

If the shop are claiming the OP became legally bound by paying the deposit, then the contract was formed and distance selling regs apply. Of course other conditions need to apply for DSR rights - eg he didn't do the deal in the shop and the bike isn't bespoke etc.

If the OP sent the email prior to, or contemporaneously with the deposit, then a print out of that email should be good evidence.

chattychappy wrote: »

If the shop are claiming the OP became legally bound by paying the deposit, then the contract was formed and distance selling regs apply. Of course other conditions need to apply for DSR rights - eg he didn't do the deal in the shop and the bike isn't bespoke etc.

If the OP sent the email prior to, or contemporaneously with the deposit, then a print out of that email should be good evidence.

The only thing to add is that it usually doesn't apply for 'one off deals' it need to b via "an organised distance sales or service provision scheme"
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

thought the whole point of deposits were they were unrefundable, because if they were refundable, whats the point of putting a deposit down? They might as well said yeah just come look.

leecasey wrote: »

Yeah, well this was my point. I didnt want to put a deposit down as I was going to look at it the next day. This is when they said the deposit would be fully refundable its just to let us know you are serious.

I've just spoken to Natwest again, at first they said its not possible to claim under distance selling regs but then I explained I was claiming distance selling and the contract was formed over the phone when I put down the deposit and I had already spoken to the CAB regarding this and I was in my rights to claim. This soon changed the conversation and she said if I wrote in with a covering letter they would help obtain the money from Mastercard. So its not a 100% but it looks promising I think?

I phoned a well known company and got that response when buying a new car, I phoned up asking could I come to the show room to have a look seeing i saw it on the website.

I got please phone and pay £1,000 deposit, I replied I don't know I want it yet can I just come and see it, then got a load of excuses that they have a buyer for it, so it's made its way down to cornwall showroom (instead of london), then he decided that if I pay £1,000 they'll bring it up from cornwall so i can "look" at it and if i don't want it they'll refund me... yeahhhhhhhhh riiiiiight! I politely refused and said i'd go elsewhere lol

Good luck, and remember in future only put a deposit down if you 100% want it and you've seen it, don't let them talk you into stuff.

MsBlonde wrote: »

Good luck, and remember in future only put a deposit down if you 100% want it and you've seen it, don't let them talk you into stuff.

You can leave a deposit on whatever you like as long as it is made via "an organised distance sales or service provision scheme", see below copied from the OFT link I posted above.

"The DSR's don't apply where you and the consumer make no binding contractual commitment until the car is either delivered to the consumer or they collect the car from your premises but, in these cases, the consumer will be free not to go ahead with the purchase and cannot be required to forfeit any prepayments or deposits."