Excessive wait for delivery - can I cancel?

muggle-wump

Hi everyone,

At the end of June 2011 I ordered a reconditioned twin tub washing machine from an online dealer, and paid in full over the telephone using my Visa credit card. At the time I was informed that these machines are reconditioned to order, with a lead time of 6-8 weeks. This was fine by me, as at this stage my existing machine was still working OK, and therefore there was no real hurry. I was also told that I was more than welcome to contact the company at any time to check progress on my order, and they would be happy to keep me updated.

Several weeks later I called the dealer for an update, and was told that the waiting time may now be slightly longer due to unexpected demand. Again, they said once the machine was ready, they would contact me to arrange delivery.

Fast forward several more weeks, and I still hadn't heard anything else, so I called the company again only to be told that the waiting time was now even longer. By this point I'm starting to get annoyed, as my current machine is now very much on its way out and I'm anxious to get it replaced before it fails completely. However, they assured me I wouldn't have to wait too much longer, and they would be in touch to arrange delivery as soon as possible.

As of now we're almost six months from the original order date, and still no further contact from the company with a view to having my machine delivered. I'm starting to get very nervous about this, and intend to call them again tomorrow to get the whole situation sorted once and for all, but would like to be fully prepared before I speak to them.

Does anybody have any idea where I would stand if I wanted to cancel this order? I've already waited three times longer than the original lead time quoted at the time or purchase/payment, and feel I've been more than patient enough up to this point. However, I'm concerned that they may refuse to issue a refund as the machine is being reconditioned to order, and could therefore technically be described as a "bespoke" item. Normally I wouldn't dream of attempting to cancel goods that were being specially prepared for me, but then I was kind of expecting them honour their promise to come up with said item in a semi-timely manner at least.

Never received an order confirmation of any description by post or email, but I do have a record of the transaction on my credit card statement, showing the company name, order date and the amount paid.

If anyone has any ideas on the best way to tackle this issue I'd be most grateful, as it's really starting to worry me now.

Sorry for the long post, and thanks in advance to anyone who can offer their advice,

MW

unholyangel

Ok when you say reconditioned to order, you mean they recondition it as and when they get your order? Thats not bespoke. Bespoke would be if you wanted it bright pink, with your initials in black alllllll over it.

And thats just for the DSR's

What we're talking about here is non performance of contract. You have additional protection also since you paid by credit card (and since i'm assuming the value of the goods are over £100).

Effectively, you have the same rights with the card provider as you do with the store.

You can ask them for a refund. Do you have anything in writing stating when the product was supposed to be delivered? Anyway, it may also be worthwhile contacting your card company and see what they would need (if anything) in order to issue a refund.

And do let us know how you get on

agrinnall

As unholyangel says it's not bespoke, any work they do would be required whoever the customer is. I would simply cancel under DSR, and if you don't get your money back within 30 days contact your credit card company - I'm not sure if you will have a problem getting a S75 refund given the time that's elapsed since the payment was made but I feel they should look sympathetically on your request in the circumstances.