Do I have to give a refund if customer hasn't paid in full?

JennieS

Hi All
I am new to consumer rights so could do with some expert help please.

I sold something (online and with a private individual) and agreed to take installments which should have taken 3 months. However it has taken 7 months to still have 2/3rds of the full payment paid, now the client is changing her mind and asking for a refund for the full amount and doesn't want to purchase the item any more.

I totally understand that sometimes we do hit unforeseen circumstances, however I don't want to reject the refund without knowing my/her trading rights first, neither do I want to hand it all back due to no fault of my own.

Help and advice would be massively appreciated from those who care to take the time to explain.

Thank you so much in advance!

arcon5

Unless it says otherwise in your terms or the agreement you do not have to cancel the order.

The individual has 7 days to cancel under DSRs, thats it. Any other issues would be covered by SOGA but since you make no mention of any problem with the item its irrelevant.

You have two choices the way I see it:

• Keep chasing money or agree on an alternate payment plan.
• Tell the buyer your willing to accept it back and stop all future payments, but monies already paid will be classed as 'rent' for the item. If you both agree that is.

But ultimately the customes does NOT have the right to cancel and get their money back. But they could breach the contract in which case you could claim any losses from them.
If for some reason you do decide to allow them to return the item and refund, make sure you account for wear and tear for the time they have had the item.

Expecting to be able to reurn an item after 7 months for a full refund is barmy! What planet do they live on?

Esqui

What's the item? I think it's incredibly cheeky of them to try and ask for a refund

mo786uk

need more detail on the product and their reasons for wanting to return them

can you clarify that you are a business and you normally sell this product?

JennieS

Thank you so much both of you for your replies and time to advice.

The item was a starlight backdrop (wedding top table fairy light curtain) advertised at £500.00. She contacted me and asked to pay in installments, to have it paid up by end of Feb this year. She has paid £300 of it so far and is now asking for refund as says too unwell to continue working.

I have no idea how/where I stand on this, and its so difficult to judge as she's not paid for the item in full so therefore unable to send it to her, we are in a very grey area now.

Legally I understand she has no right to a refund, but morally its a tad more difficult to judge.

Thanks again all, your quick responses and words have made all the difference.

gordikin

Does the client already have the item?

JennieS

No, as it was agreed she would be sent it once payment in full was received.

JennieS

P.S Am business (wedding venue decorator) but this was surplus stock so didn't need it, therefore selling as a one-off.

mo786uk

Basically its a breach of contract on her part - i.e you agreed the sale but she is backing out.

The problem is she doesnt have the product. Therefore I think you can only claim money damages for breach of contract and have to mitigate your losses.

Therefore, what is the loss?

You still have the item and can sell it on elsehwere but at the same tiem you could have sold it long ago.

Its a difficult one as if you had given her all the money back you would have not really suffered much of a monetary loss - apart fro mthe fact that you missed otu on the sale.

I would be inclided to keep £200 and sell the item elsewhere.

it would have been different if they had taken the item, you coudl then have kept the £300 and taken them to court for the rest had you wanted to.

Flyboy152

As the item has not been delivered yet, the contract has not been concluded. All you would be entitled to do, is retain any provable and reasonable losses.

Flyboy152

mo786uk wrote: »

Basically its a breach of contract on her part - i.e you agreed the sale but she is backing out.

The problem is she doesnt have the product. Therefore I think you can only claim money damages for breach of contract and have to mitigate your losses.

Therefore, what is the loss?

You still have the item and can sell it on elsehwere but at the same tiem you could have sold it long ago.

Its a difficult one as if you had given her all the money back you would have not really suffered much of a monetary loss - apart fro mthe fact that you missed otu on the sale.

I would be inclided to keep £200 and sell the item elsewhere.

it would have been different if they had taken the item, you coudl then have kept the £300 and taken them to court for the rest had you wanted to.

I seriously doubt the OP has lost as much as two hundred pounds.