refund advice

shiningfaery

I was looking at purchasing a ring from a high street jewellers and because I couldn't take out a credit agreement to fund the purchase the store said I could put down a deposit and pay it up and once paid for in full would be able to take the ring.
So I paid a total of 395 on my debit card and we hit some financial problems when my partner lost his job. The store where very understanding as they still had the ring but now I have been told that they have had to put the ring back on general sale and we have a 6 month credit note to the value of what we paid.
They say it's not company policy to refund only credit notes so as we are still not in a position to buy this I want the cash refunded to my card and since I never took the goods from the store I feel that's only just.
Is this not the case?

Fire_Fox

You feeling it is just is not relevant to the legal position. Depends on the terms of the deposit, was it non refundable? They held the ring for you, that is dead stock to them.

JournalGirl

Afraid you have absolutely no right to a refund. That's the nature of a deposit.

My suggestion would be to write a really nice letter to their head office, explain your difficult circumstances, confirm that you realise you are not legally entitled to a refund, but ask if they would consider a refund as a goodwill gesture.

ince

Ha you serious you think you can't stop them selling an item and then demand a refund once you decide you can't afford it.

This is exactly why they take deposits. To stop them wasting their time from people like you. Lucky you even got a credit note.

ValHaller

JournalGirl wrote: »

[STRIKE]Afraid you have absolutely no right to a refund. That's the nature of a deposit. [/STRIKE]

I disagree with this. Unless there was an agreement as to the amount of time for which the ring would be held, the shop have no right to put the ring for general sale.

Once they do put the ring for general sale, the deposit is refundable in full minus perhaps a small admin fee in the region of £10 unless there was prior agreement to the contrary. A credit note does not really cut it and a 6 month credit note is not acceptable. OP can sue for up to 6 years after the deposit was taken and I would expect OP to win a cash refund in full.

halibut2209

The shop can only retain their actual losses which in this case are absolutely minimal. It'll be a fight, but you should prevail.

shiningfaery

Thank you Valhaller and Halibut 2209 for your useful advice. I should have mentioned as well there was no formal agreement with the store neither was there any terms and conditions given in writing or verbally with regards to retaining a deposit.
I was informed of this around a month after it had been done, the ring is still for sale at the same price I was purchasing it at. I only found out as I was passing the store at the time and the manager saw me and told me.
I will be getting in contact with the Head office on Monday.

Agricolae

You could also try a chargeback through your bank (if it's in time).

A possible problem would be there may not be a specific enough "reason code" to charge back this transaction under.

ValHaller

shiningfaery wrote: »

Thank you Valhaller and Halibut 2209 for your useful advice. I should have mentioned as well there was no formal agreement with the store neither was there any terms and conditions given in writing or verbally with regards to retaining a deposit.
I was informed of this around a month after it had been done, the ring is still for sale at the same price I was purchasing it at. I only found out as I was passing the store at the time and the manager saw me and told me.
I will be getting in contact with the Head office on Monday.

I have missed a point here. You are still contracted to buy the ring - and while the ring is not sold, you are not even entitled to your money back - so the credit note is more than you are entitled to. But given that the credit note is for just 6 months, you would do better to keep the deposit on the ring, because that does offer the prospect of your money back as and when the ring sells.

rileyjuan

I would suggest you to take a help of good attorney who can guide you in correct manner and in right way.

Hintza

rileyjuan wrote: »

I would suggest you to take a help of good attorney who can guide you in correct manner and in right way.

We have lawyers or solicitors in this country.