Refusal to refund deposit/part payment for Pram

jaydizzy

Hi all,

I went to see a pram/travel system with my wife. We left the store and a few months later I called to ask if they had the offer available still. They did, a travel system for £699.

When I called I placed the order by telephone, the shop asked for a deposit to secure the item, I paid £349.50. Recently we have had to change our plans as the costs are spiralling for our upcoming baby.

We called the shop and said we could not longer afford it and whether we could cancel. The shop stated we could not as it was a special order time, they said however we could have a credit note for the full amount.

I asked what would happen to the travel system, they said they'd return it or re-sell it. I asked why they needed my deposit? They said they have been put out of pocket and that they couldn't have people constantly changing their minds. I have since quoted consumer protection law (right to cancel/refund etc) and they are still saying they've contacted Trading Standards and they are within their rights.

Please can you advise as it looks like I may have to go to Court. I have a medical condition exacerbated by stress and my wife is 33 weeks pregnant, I find this unbelievable as I think it's a really easy fix but we're stuck in a stale mate.

DaveTheMus

If it's a special order then I think you're out of luck..........

Don't quote me on that, someone with more knowledge will be along soon.

Next time, don't put a deposit down then change your mind, it will save you a lot of stress.

jaydizzy

At no point were we informed it was a special order or that the deposit was non-refundable, also the item is not bespoke, individually tailored/designed, it's a standard product. The only reason they've said its special order is as it's not usually in stock.

DaveTheMus

jaydizzy wrote: »

At no point were we informed it was a special order or that the deposit was non-refundable, also the item is not bespoke, individually tailored/designed, it's a standard product. The only reason they've said its special order is as it's not usually in stock.

IIRC, if they can't sell it or the supplier wont take it back then they can keep the deposit because they are out of pocket.

If they do sell it or the supplier does take it back then they should give you the money back as they've suffered no loss.

hollydays

Deposits are non refundable.
They've held it for you, they may have turned several other customers away, they've stored it, it may now be last seasons stock. They are being more than reasonable in even offering you a credit note- they don't have to do this.

The easy fix is take the credit note and buy something cheaper.

wealdroam

Jaydizzy, you might like to read this post:

Is a deposit ever refundable?

daytona0

hollydays wrote: »

Deposits are non refundable.
They've held it for you, they may have turned several other customers away, they've stored it, it may now be last seasons stock. They are being more than reasonable in even offering you a credit note- they don't have to do this.

The easy fix is take the credit note and buy something cheaper.

Two points;

1. I believe deposits can be refundable if the seller can't show that the non refundable part is something which they reasonably expect to be out of pocket given the customer changing their mind..

2. Giving a credit note is not strictly the only sort of resolution (ie cash can be too), but even so it does imply that they are willing to have some sort of compromise here



And points for OP;

1. A 699 pound brand new pram could easily be flogged for what 600? 500? etc. Were you looking at losing the deposit then one option is to flog it and take a 50-200 hit on the re-sale. Even if you just buy it, a wonga loan or some sort of loan, whilst not completely advisable, will enable you to complete the purchase without paying out a huge amount of money.. I kinda don't understand why you haven't considered the deposit as a "write off" and planned your finances accordingly.... The bottom line is that you've probably messed up a bit here with your finances!

2. You could use a credit note to source items which you have otherwise got on your list for the baby and that kills two birds with one stone. Or simply do point 1 (re-sell) and pick an item which will fetch a decent return, you'd end up taking a smaller hit with re-selling a 349 pound item than you would a 699 pound item.


If you think smartly you could "cancel" the contract with a hit as little as 10-20% of what you have already paid out. If you are legally in a position where you aren't able to recoup the money in cash, then taking this sort of hit isn't that bad... you might get about 250/300 with re-sale of a brand new item

gik

hollydays wrote: »

Deposits are non refundable.
They've held it for you, they may have turned several other customers away, they've stored it, it may now be last seasons stock. They are being more than reasonable in even offering you a credit note- they don't have to do this.

The easy fix is take the credit note and buy something cheaper.

I'm truly surprised you believe that. The shop should deduct what reasonable costs they have incurred and refund the remainder.

bris

gik wrote: »

I'm truly surprised you believe that. The shop should deduct what reasonable costs they have incurred and refund the remainder.

Why? They are entitled to loss of profit, this is the amount they would make on the sale as if the contract was not rescinded, after mitigating their loss.


Contracts are binding on both parties, they are not to be entered into lightly.

daytona0

bris wrote: »

Why? They are entitled to loss of profit, this is the amount they would make on the sale as if the contract was not rescinded, after mitigating their loss.


Contracts are binding on both parties, they are not to be entered into lightly.

But they are going to be able to sell it for near the sticker price of 699 (unless the quoted price had some modification which people would otherwise not want - Maybe there is a big "JAYDIZZY" printed on the base etc in which case the value diminishes.

How can it be reasonable to expect the losses incurred to be around the 350 mark? Merely a question to be honest... what are your thoughts?

Takeaway_Addict

They've said they can send it back so the OP's loss should be the restocking charge (if any) plus a small amount for time dealing with the order.

But if they are not budging then it is small claims.