What can i do?? Took my money AFTER i cancelled the order!

liquidstool_2

Hello

after some advice.

I recently made an order on a website for an item. The site told me it was in stock, as it was a time critical purchase, i went ahead and made the order. After 3 days, i had not had any communication or the item, so i emailed the website. They replied the same day and said that the item actually was not in stock and had to be ordered. They were expecting it in on the friday, so i would get it on the Monday. As this was too late, i said i would have to cancel the order but reorder it at a later date. The reply was that they could hold it in stock for me, and then ship it next day for no extra charge when i replaced the order.

Now, i knew that i would not be reordering it for at least 8-12 weeks, and said as much. I told him i would like a refund back to my debit card, to which he agreed. Since then around the beginning of April, i have been given the runaround, email doesn't work, then he said the credit card company was having problems refunding, then he asked if i could accept a refund via PayPal, which i can, i sent a money request and it still hasn't been paid.

I went to the online site, and checked the order and according to "my orders", the item is still in stock awaiting payment (their policy is that money is not taken from the card until the item is dispatched) However, my bank statement shows that the money was taken AFTER i cancelled the order.

As the registered owner of the company is also the person i'm dealing with via email, i'm not sure where i go from here. Obviously, i don't want to come on to heavey in thehope i'll get my money back. I personally think he's trying to hold on until i give in and just ask him to send the item, which ain't gonna happen now!!:mad:

Can anyone advise where i go from here?

thanks

Freddie_Snowbits

Could you explain when you made the original order. This may help other posters to better answer your question. Also did you pay by paypal.

(Note to others Freddie always rings his suppliers prioir to placing order on urgent items!)

liquidstool_2

Hey Freddie,

I ordered the item around the 10th or 11th of April 2010, i requested the order cancelled and refunded to my Visa debit card (the card i paid with) on the 14th April 2010.

for info, the total cost was just under £50

thanks

Freddie_Snowbits

One thinks the contract would be invalid now as they have failed to deliver within a reasonable time (28 days)

The_Pedant

If it's from a website, then are there contact details for a registered office?

I would be inclined to send them a fax/email/recorded delivery letting pointing out that the order was cancelled on the 14th April. Inform them that they are in breach of section 14(1) of the Consumer Protection (Distance Selling) Regulations 2000. This requires them to return any monies paid within 30 days of a cancellation request.

Given them say a further 7-14 days to refund the money.

See if that wakes them up.

liquidstool_2

Thank you Pedant that bit of legislature was exactly what i was after, i emailed him and less than 30mins after, i had a "recieved funds" notice from Paypal - Result!

Thank you again:beer: