Paid deposit for sofa on my card and changed my mind can i get my money back?

Cromwell1

Please Help i went to the ideal home yesterday a paid a deposit £1000 on my credit card! a few hours later i changed my mind! i rang the company and they said i can't get my money back, the sofa won't be ready for 14 weeks so the paperwork hasn't even gone through, never mind they haven't started to make it yet. Can someone please help me is this right can they just keep my money. Yes i did sign a piece of paper! Help

[Deleted User]

Yes, it's correct. That's what a deposit does.

Cromwell1

I thought you had 14 days to cool off! and unless it says its a non refundable deposit you could get it back within a time frame

eskbanker

What do the terms of the agreement say?

Cromwell1

Delivery times are approximate and cannot be guaranteed
Orders cannot be cancelled


Thanks for responding

chanz4

oops can not be cancelled sums it up then as you signed it

lynz68

Section 75 will not apply as it does not cover you simply for changing your mind.

Your best bet is to plead to the company's better nature but beyond that I'm afraid doesn't look like you have a leg to stand on.

spacey2012

Not exactly so, they are only lawfully entitled to keep what they can account for as an actual loss and must do everything within their power to mitigate this loss.

I would inform them the contract is cancelled, to account a Pre-estimate of any actual loss they have suffered and return the remainder.
Failure to do so will result in county court action

[Deleted User]

I believe you only have a legal right to a cooling-off period if the transaction takes place off their company premises (i.e. in the street, your home, a mall foyer etc).

Do they have a returns policy on non-made-to-order goods? Could you change your order from a custom sofa to an off-the-shelf one, then return it for a full refund shortly after it's delivered (maybe under DSR?)?

PeacefulWaters

spacey2012 wrote: »

Not exactly so, they are only lawfully entitled to keep what they can account for as an actual loss and must do everything within their power to mitigate this loss.

I would inform them the contract is cancelled, to account a Pre-estimate of any actual loss they have suffered and return the remainder.
Failure to do so will result in county court action

Do you have any links to support this?

spacey2012

PeacefulWaters wrote: »

Do you have any links to support this?

I am the link, that is the correct position, they can only keep accountable losses .

I can provide some case law cases to support this but you shall have to pay my fee, I do not work for you and certainly not for free.