Help refusing to give refund!!

travelbub

Hi need some help....

I bought a dual fuel cooker on an excellent deal on the 3rd May online and the wrong one was delivered (they sent gas only) so I refused delivery. I quickly contacted the company and was assured that they would send the right one but they were just waiting for it to come into stock.

After being fobbed off for weeks, refused to answer emails then they offered a refund on the 13th June, they said they would send a cheque - however my trust gone I refused a cheque and asked for a bank transfer, but they haven't given it to me, despite numerous emails and phone calls... they say all the right things but I am getting nowhere. The last conversation was on the 25th where I asked they contact me today to confirm that the refund had been done.... but nothing though I did take the time to email the company following my conversation stating that I need a response by Monday noon and that they are in breach of contract and that I have right under loss of bargain law to claim difference, didn't seem to bother them at all!

Please can someone tell me the best action to take from here. I need a cooker!! Plus I can't really afford to purchase another until I have the money to do so - as in the refund back in my account!!

Thanks

PS I didn't purchase on a credit card... so can't even call them up!!

wealdroam

Write a letter before action. Send it recorded delivery.
Give them (say) 14 days to refund your money to your bank account or you will start legal action to recover the funds.

Link to sample LBAs in this post.

Also in that post is a link to Money Claims Online.
You may not need this, as an LBA often tends to get the other side focused.

chris1804

a letter is your first point also contact consumer direct, the letter should make them give you a refund,

tomwakefield

wealdroam wrote: »

Write a letter before action. Send it recorded delivery.
Give them (say) 14 days to refund your money to your bank account or you will start legal action to recover the funds.

Link to sample LBAs in this post.

Also in that post is a link to Money Claims Online.
You may not need this, as an LBA often tends to get the other side focused.

chris1804 wrote: »

a letter is your first point also contact consumer direct, the letter should make them give you a refund,

Problem being, they have already offered a refund, but the OP didn't accept it because they didn't like the method offered. I don't think that will have helped their cause.

wealdroam

tomwakefield wrote: »

Problem being, they have already offered a refund, but the OP didn't accept it because they didn't like the method offered. I don't think that will have helped their cause.

Absolutely right.
And we don't know whether the company have agreed to the other method.

But I still think a letter (be it a LBA or not) is the way forward.
The OP needs to get things on a more formal basis.

travelbub

Thanks for replying - they have agreed to give me a refund via bank transfer - they told be on the 21st that they have requested details on the refund and will email them through and that they will deal with it as a matter of urgency.... but they are all talk and no action!!!

I have written emails - do they count as 'letters' but I will also get onto a LBA

Thanks again!!

Forwandert

As already stated but i can't see any reponse from you on this significant point, You will have potential problems with taking this claim to court, the company have offered to pay you with a cheque which is a reasonable thing to do and you have refused an offer to refund you, you will struggle claiming when payment has been offered and you refused to accept it.

Equaliser123

Forwandert wrote: »

As already stated but i can't see any reponse from you on this significant point, You will have potential problems with taking this claim to court, the company have offered to pay you with a cheque which is a reasonable thing to do and you have refused an offer to refund you, you will struggle claiming when payment has been offered and you refused to accept it.

There won't be any problems as, ultimately, the company has not paid. However, the OP should try and resolve this amicably.

greyteam1959

This all sounds to me like the company you are dealing with might be shall we say ' suffering cash flow problems' ie about to go bust.
If you bought it online did you pay for all of it or part of it by credit card ??
If so then contact your credit card company ASAP.

travelbub

No didn't pay by credit card, but I am off to the bank tomorrow to also try and sort it out through them... my worry was the cheque would bounce and I did say that I had lost trust in the fact they never answered emails or responded to me so wanted the bank transfer. I never refused the refund, I just requested that it was via bank transfer, not cheque - which they said was fine.

Isn't the deal regardless that they entered into a contract by taking payment and have now breached that? I just want to make sure I get my money back that's all - next time I will pay by credit card!!!

Thanks - frustrated person!!