Christmas club cancellation

Studentmum

1: the item was £100
2: I paid 20% deposit = £20 when I left the item away
3: I paid a further £30 1 week later
4: the item was for sale today in a high street store for £40 as a better than half price promotion
5: I couldn't have foresaw this vast price difference
6: I merely asked for an opinion in regards to a refund
How am I being shortsighted? I also stated I would be willing to accept vouchers but I'd prefer money as there is nothing else I'd like to buy in that particular shop!

frugal_mike

It was my understanding that deposits are never non-refundable, but the shop can recoup their losses if you breach contract. Did they order this item in specially for you, or was it already on the shelf? If it was already on the shelf then as far as I can see they haven't lost anything, so can't keep the whole deposit.

But I'm not the law student here

Studentmum

Hi mike
The item was in store. Thank you I'm of the same opinion as you. I'll see how I fair with the supervisor tomorrow

hollydays

Here is a link about savings clubs -regulated and unregulated
From the money advice site
Are Christmas savings clubs safe and secure?

Christmas savings clubs and schemes are not regulated by the Financial Conduct Authority. That means you can’t take complaints to the Financial Ombudsman Service, nor can you get money from the Financial Services Compensation Scheme if your Christmas savings provider goes bust.

Some Christmas savings clubs are members of the Christmas Prepayment Association (CPA). If your club is a member you’ll have a greater level of protection than if it’s not.

See a list of CPA members on the Christmas Prepayment Association website
Where to join a Christmas savings club

At the Post Office
There are plenty of Christmas savings clubs and schemes to choose from – shop around to find one that suits your budget and needs.
To join the Post Office Christmas Club, you will need to complete a short application form and take it to a branch along with some ID.

You’ll then get a card that you can top up with money until November, when you can start using your card to shop at certain retailers.

At a retailer
Many retailers link their Christmas savings schemes to their regular rewards cards. For example, some supermarkets allow you to turn your points card account into a Christmas savings scheme by registering over the phone or online. Then the vouchers you earn by shopping throughout the year are saved up and delivered in November.

Terms vary so check with your favourite retailers to see how to join their schemes.

In the community or workplace
With a club or workplace, joining a Christmas savings scheme usually involves an informal agreement to save a certain amount each week or month. But, before you join, you may want to check that the money is handled by someone you trust completely.

If things go wrong

Christmas savings clubs and schemes are not regulated by the Financial Conduct Authority, which is often the first port of call for financial complaints. However, if you’re unhappy with the service you get or you want to make a complaint, you can contact the Christmas Prepayment Association

hollydays

frugal_mike wrote: »

It was my understanding that deposits are never non-refundable, but the shop can recoup their losses if you breach contract. Did they order this item in specially for you, or was it already on the shelf? If it was already on the shelf then as far as I can see they haven't lost anything, so can't keep the whole deposit.

But I'm not the law student here

But she's not purchased an item, this is a savings scheme like hp . What she calls the deposit is presumably the first payment agreed in the savings scheme-she MUST have had something explained to her, for example that there is a fee payable of half the amount if she pulls out.
One would think she could spend the money she's saved on other items in the shop.i don't believe they are saying she can't have her money back, but she will have to spend it in the shop. That's legal.the word " foreseen" is irrelevant , actually anyone can foresee an item will be cheaper elsewhere, but that's not relevant., if someone signs a contract to buy a sofa from dfs and finds it cheaper, they can't end the contract.

hollydays

I suggest you name the shop

cattie

hollydays wrote: »

I suggest you name the shop

Why, what good will that do? Nobody has yet established whether the shop has every right to refuse to cancel the sale of the item that the OP has effectively reserved by agreeing to buy it through the Christmas club scheme.

Naming & shaming is all well & good when a retailer is definitely in the wrong, but could be damaging, especially to a small retailer if they are actually legally abiding by a set of conditions of purchase.

pinkshoes

You could name the shop that had them for £40! I quite fancy one of those kits!!

Could you not just tell them she got one for her birthday so could you put the monry towards something else.

hollydays

cattie wrote: »

Why, what good will that do? Nobody has yet established whether the shop has every right to refuse to cancel the sale of the item that the OP has effectively reserved by agreeing to buy it through the Christmas club scheme.

Naming & shaming is all well & good when a retailer is definitely in the wrong, but could be damaging, especially to a small retailer if they are actually legally abiding by a set of conditions of purchase.

Well the op doesn't seem to know what she's agreed to, I t would be useful in order to look it up. Naming didn't necessarily involve shaming.and if the retailer is not in the wrong, the ops going to be told they can't do anything about it. No harm done to the retailer.

unholyangel

hollydays wrote: »

But she's not purchased an item, this is a savings scheme like hp . What she calls the deposit is presumably the first payment agreed in the savings scheme-she MUST have had something explained to her, for example that there is a fee payable of half the amount if she pulls out.
One would think she could spend the money she's saved on other items in the shop.i don't believe they are saying she can't have her money back, but she will have to spend it in the shop. That's legal.the word " foreseen" is irrelevant , actually anyone can foresee an item will be cheaper elsewhere, but that's not relevant., if someone signs a contract to buy a sofa from dfs and finds it cheaper, they can't end the contract.

Actually they can. But not without being responsible for the losses incurred by the innocent party reasonably due to the breach.

5.6 Cancellation penalties and charges. A term which says, or is calculated to suggest, that inflated sums could be claimed if the consumer cancels the contract is likely to be challenged as unfair. For example, a penalty for wrongful cancellation that requires payment of the whole contract price, or a large part of it,20 is likely to be unfair if in some cases the supplier could reasonably reduce ('mitigate') his loss. If, for example, he could find another customer, the law would allow him to claim no more than the likely costs of doing so, together with any difference between the original price and the re-sale price.