Company Delaying Refund

gemea
gemea Posts: 5 Forumite
edited 2 July 2011 at 11:33PM in Consumer rights
I purchased a bed online 1st June, they took my money out of my account on 2nd June. Bed was meant to take 1-2 weeks for delivery. They emailed me after almost 3 weeks telling me the bed is out of stock until sometime in August, so I cancelled my order and requested a full refund. They agreed and sent me an email confirming cancellation and telling me that my refund was being processed and that they need to do checks and it should take 7-10 days. Its now been 2 weeks and no refund!!! I have emailed them twice about sorting it out, and maybe wrongly giving them 3 working days to refund my money and to email me back with the reasurrance that they will comply - but still no response. What can I now do? How can I get them to give me my money back so I can purchase my daughter her bed? Am very frustrated :(
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Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Page 25 of the OFT's guide to the Distance Selling Regulations tells us...
    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.
    Will probably take less than 30 days, but they have some time yet.
  • gemea
    gemea Posts: 5 Forumite
    Thank you, I will give them a couple more weeks. Is very frustrating though as I cannot purchase a new bed until I get my money back :(
  • gemea
    gemea Posts: 5 Forumite
    :mad:
    As I haven't as yet been issued my refund and it is now 30days since they started processing can you help me with what to do next please?
    Should I contact them first, how long should I give them to return my money?
    If I dont get a response, or dont get my money what do I do then, what procedures do I follow?
    Thank you for your advice :)
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You only mention emails.
    Have you actually spoken to anyone?

    Keep pestering them.
    Some companies do need pushing.
    Force them to give you a date when you can expect a refund.

    If all else fails send them a letter before action.
    Info on that, and how to follow up with court action if necessary, is in the thread entitled READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

    You have read MSE's Consumer Rights article haven't you?
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    gemea wrote: »
    :mad:
    As I haven't as yet been issued my refund and it is now 30days since they started processing can you help me with what to do next please?
    Should I contact them first, how long should I give them to return my money?
    If I dont get a response, or dont get my money what do I do then, what procedures do I follow?
    Thank you for your advice :)

    If you paid by credit card, you can make a claim against your card provider, under section seventy-five of the Consumer Credit Act. If you click on the link at the top of this thread (just below the title of thread) and follow the instructions, you should get your money back. If you paid by debit card, you may be able to make a claim on their charge-back scheme.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Hi, I'm new here, sorry I didnt know how to put in a brand new thread but it links to this one anyway. If you are returning items bought in a shop, and it says return within 28 days, when does the 28 days start counting from the day you bought your items or the day after?

    I just went into a shop and was told it was yesterday I had until, but I'm sure it's today. Please advise. Thanks. :)
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi, I'm new here, sorry I didnt know how to put in a brand new thread but it links to this one anyway. If you are returning items bought in a shop, and it says return within 28 days, when does the 28 days start counting from the day you bought your items or the day after?

    I just went into a shop and was told it was yesterday I had until, but I'm sure it's today. Please advise. Thanks. :)
    That's down to the retailer to decide, it is after all their own T&Cs, legally they don't have to accept any return for non-faulty goods. BTW, there's a big button labelled "New Thread" at the top opf the page. ;)
  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    Towards the top on the left hand side...

    newthread.gif
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • gemea
    gemea Posts: 5 Forumite
    HI thanks for all your advice. I have read all that you suggested, but it doesn't really tell me about a company who wont give me my money back. I have tried calling, but they keep telling me that their Customer Services Dept are dealing with it and will call me (which they haven't).
    have emailed them a final time quoting the below legislation and given them 5 days to refund my money.
    "Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

    14 - (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."

    Which I have now quoted to them, but if they dont respond within a few days what is my next course of action and where do I get this help?

    Thank you again guys :)
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    gemea wrote: »
    HI thanks for all your advice. I have read all that you suggested, but it doesn't really tell me about a company who wont give me my money back. I have tried calling, but they keep telling me that their Customer Services Dept are dealing with it and will call me (which they haven't).
    have emailed them a final time quoting the below legislation and given them 5 days to refund my money.
    "Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

    14 - (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."

    Which I have now quoted to them, but if they dont respond within a few days what is my next course of action and where do I get this help?

    Thank you again guys :)
    Firstly can you confirm that you have written a Letter Before Action?
    That's a real letter, not email... sent Recorded Delivery.

    In my earlier post I said...
    wealdroam wrote: »
    If all else fails send them a letter before action.
    Info on that, and how to follow up with court action if necessary, is in the thread entitled READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

    You have read MSE's Consumer Rights article haven't you?

    Did you see the link on that 'Read Me First' thread to sample LBAs?
    It's in post #6.

    Did you see the link on that 'Read Me First' thread to the Money Claim Online website?
    It's also in post #6.

    If you have any specific questions on that stuff then do ask again.
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