Refunds - time taken

lucky11_2

Can anyone tell me if there's a law which states how many days a company has to refund money once goods have been returned?

Ivory_Tinkler

Have you checked to make sure that the company have received them? Why did you send goods back (were they faulty or did you exercise your rights under distance selling regs?)

lucky11_2

Yes it's all gone through ok and they've said the refund's due, I just wondered as they've been such a pain so far that if they stall with my refund, if there's a legal time limit they have to refund me.

4743hudsonj

lucky11 wrote: »

Yes it's all gone through ok and they've said the refund's due, I just wondered as they've been such a pain so far that if they stall with my refund, if there's a legal time limit they have to refund me.

well if under DSR i.e. you notified you wanted a refund within 7 days from the day after you received the goods, then they have 30 days from the day you notified them (not when they receive them).

If your returned because it was faulty, then this is under SOGA and its just within a reasonable time) no set amount but id again say 30 days is "about" right (would be arguable either way in court)

lucky11_2

Yes I notified them within the 7 days, they just said "it can take up to 30 days" from return date of goods, which I took (cynically) to assume it 'will' take them 30 days... it was a return as the wrong item was sent. They have been nothing but hassle and I just want everything done & dusted, which is why I was asking really - so I have a kind of cut-off date to work with if possible.

4743hudsonj

lucky11 wrote: »

Yes I notified them within the 7 days, they just said "it can take up to 30 days" from return date of goods, which I took (cynically) to assume it 'will' take them 30 days... it was a return as the wrong item was sent. They have been nothing but hassle and I just want everything done & dusted, which is why I was asking really - so I have a kind of cut-off date to work with if possible.

no you have a definitive cut off, 30 days from when you notify them.

Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel
an order?
3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
by you before you make a refund. See also paragraph 3.64.
Can I withhold a refund if a consumer fails to take
reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable care.
What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.



From the OFT guide to businesses on DSR

The_Pedant

it can take up to 30 days" from return date of goods

As 4743hudsonj states, the period to refund starts with the day on which notification of cancellation was given, NOT from the day goods are received back.

Quoting directly from Distance Selling Regulations, section 14 :-

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security
14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).
(2) (I snipped this bit out)
(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

lucky11_2

Thank you very much both!!