Return of a deposit

unholyangel

Equaliser123 wrote: »

So talk me through how the DSR or Doorstep Selling Regs applies to this given that the order was placed 8 weeks ago....

Only if you talk me through where it says that cooling and cancellations is only applicable to DSR.......................that page is in relation to legally binding contracts for goods or services. At no point does it say it is only for contracts that have been signed due to doorstop seller. In fact it mentions several other scenarios

Equaliser123

unholyangel wrote: »

Only if you talk me through where it says that cooling and cancellations is only applicable to DSR.......................that page is in relation to legally binding contracts for goods or services. At no point does it say it is only for contracts that have been signed due to doorstop seller. In fact it mentions several other scenarios

The article is about specific legislation. It does not apply to all situations.

unholyangel

Yes its in regards to legally binding contracts for services/products or credit agreements (which is still technically contracts for services).

Not just for doorstep selling - although i'm still waiting for you to clarify where it says its only applicable to doorstep selling.

The OP would have signed either just a contract for services OR a contract for services and a credit agreement/application.

And i never said it applies to ALL situations. They cant provide the service he contracted them for, ergo he can argue its a breach of contract which entitles him to cancel even if he is outwith the cooling off period.

Equaliser123

unholyangel wrote: »

Yes its in regards to legally binding contracts for services/products or credit agreements (which is still technically contracts for services).

Not just for doorstep selling - although i'm still waiting for you to clarify where it says its only applicable to doorstep selling.

The OP would have signed either just a contract for services OR a contract for services and a credit agreement/application.

And i never said it applies to ALL situations. They cant provide the service he contracted them for, ergo he can argue its a breach of contract which entitles him to cancel even if he is outwith the cooling off period.

Of course he can argue it is a repudiatory breach of contract entitling termination. However, there is no period within which to return the deposit.

If I was OP, I would expect it within 7 days of the termination of the contract.

unholyangel

You could expect it all you want, doesnt necessarily mean it will arrive. All depends on which company it is and if they are actually a good company or just one of the many who try and rip people off.

In any event, if his contract is anything like a normal contract for services, it should state in the T&C's the policy for issuing a refund - it may be their standard refunding policy is 14 days.

Refunds are supposed to be issued within "reasonable" time. 30 days is deemed reasonable.

And oh, btw......still waiting on you pointing out where it says doorstep only

Equaliser123

unholyangel wrote: »

You could expect it all you want, doesnt necessarily mean it will arrive. All depends on which company it is and if they are actually a good company or just one of the many who try and rip people off.

In any event, if his contract is anything like a normal contract for services, it should state in the T&C's the policy for issuing a refund - it may be their standard refunding policy is 14 days.

Refunds are supposed to be issued within "reasonable" time. 30 days is deemed reasonable.

And oh, btw......still waiting on you pointing out where it says doorstep only

Sheesh. This is hard.

I've never drafted a contract which specifies when my client would refund in the event of a breach. I advise on B2B transactions but the principles are the same. You do not, should not, and cannot legislate in a contract for when a refund in the event of a repudiatory breach is made.

30 days is not deemed reasonable - or at least in all of the cases I have been involved in.

No idea what you are spouting about doorsteps....

Tozer

Equaliser123 wrote: »

Of course he can argue it is a repudiatory breach of contract entitling termination. However, there is no period within which to return the deposit.

If I was OP, I would expect it within 7 days of the termination of the contract.

unholyangel wrote: »

You could expect it all you want, doesnt necessarily mean it will arrive. All depends on which company it is and if they are actually a good company or just one of the many who try and rip people off.

In any event, if his contract is anything like a normal contract for services, it should state in the T&C's the policy for issuing a refund - it may be their standard refunding policy is 14 days.

Refunds are supposed to be issued within "reasonable" time. 30 days is deemed reasonable.

And oh, btw......still waiting on you pointing out where it says doorstep only

May I help?

Seems to me Equaliser is saying - quite rightly - that the legislation referred to in your article doesn't apply.

We live in a common law jurisdiction where judges decide what is reasonable. If, in the OP's case, the defendant does not return money which is due, then I would also advise taking action after 7-14 days. None of the District Judges that I have dealt with would see this as being unreasonable - if a company is not prepared to refund within 7-14 days then it has no intention of making a refund in my view.

There is no legislation saying that 30 days is the right period of time in these circumstances.

Hope this helps!

Tozer

unholyangel wrote: »

And oh, btw......still waiting on you pointing out where it says doorstep only

Have to say, I'm not sure what doorsteps have to do with anything...

The legislation you have referred to won't apply as the 'cooling off' periods have, in any event expired.

We're back down to good old contract law.

Equaliser123

gordikin wrote: »

Answer the question they asked, not some made up one!

Any advance?

unholyangel

Equaliser123 wrote: »

Sheesh. This is hard.

I've never drafted a contract which specifies when my client would refund in the event of a breach. I advise on B2B transactions but the principles are the same. You do not, should not, and cannot legislate in a contract for when a refund in the event of a repudiatory breach is made.

30 days is not deemed reasonable - or at least in all of the cases I have been involved in.

No idea what you are spouting about doorsteps....

You're the one who said about doorstep selling regulations, not me. Hence why i'm still waiting on proof although now you seem content to ignore you said anything of the sort.........or maybe cant admit that you misread the page?

And just because you havent seen them doesnt mean it doesnt happen. It does happen and its extremely common to have refund procedure detailed in the terms and conditions of a contract.

I never said it would be 30 days period, i was merely saying for contracts, it is deemed to be the maximum time you should HAVE to wait for a refund. Neither did i say that this applies only to breach of contracts.......merely that when cancelling contracts (for any reason).

We're not talking about him making a purchase and then returning it for a refund.

However, if he starts demanding things, the company could be awkward and dig their heels in (especially if there is a clause in their terms and conditions that gives them a "loophole") and drawing out the whole ordeal. Of course if he paid by credit card, that would be easily remedied. You get a lot further being nice than you do being petulant and demanding.

Alas, as the saying goes, people watching wont be able to tell the difference so i wont bother replying to you anymore.