Entitled to refund?

Amy09

Hi All,

First time posting so hoping for some helpful advice! Back in December 2014 I went to a local independent jewellers to have a bracelet designed and made to incorporate a diamond from my honeymoon. I paid £600 deposit via debit card. The bracelet was due to be collected this month but I have just received a phone call from the wife of the jeweller to say he has suffered a nervous breakdown and that the bracelet will not be completed and that I can collect the diamond but that legally she does not have to give me back the £600 deposit I paid... is she correct in saying this? All she kept saying was speak to my credit card company, but I didn't pay by credit card. In that respect lesson learned for future but I'd like to know from an independent source she is right in saying I'm not entitled to my deposit back?

Thanks for your time and advice

cte1111

If they can't do the work, then you are certainly entitled to the deposit back. Do you have a receipt? The only thing I can think of, is if the company is going bankrupt, then you might be in trouble, but generally when you've paid for something, either they have to give it to you, or refund.

Paully232000

So the gist of it is, as I read it.

You owned the diamond prior to going to the shop?
You paid £600 deposit.
Now after contact from the shop, you received nothing but your own diamond back, and are not getting the deposit back?

Amy09

Yes that's right, not getting the £600 just the diamond. Was due to pay a further £600 on collect of the bracelet.

Cool thank you, that's what I thought but she seemed certain. I'll go back to her and fight my corner.

mije1983

As they/he has breached the contract, you are entitled to be put back into the position you were originally. So with your diamond AND your £600.

Definitely fight your corner, and if she gets difficult, ask her to show you where the law allows her to keep your deposit.

Edit: To add to the above, the only thing I can think she is referring to is that fact they are entitled to keep some of a deposit to cover any costs or losses they have incurred. But that only covers them when YOU breach the contract.

zaax

How did you pay?
It also depends how much work has been done. If its 1/2 done you won't get your money back.

mije1983

zaax wrote: »

How did you pay?
It also depends how much work has been done. If its 1/2 done you won't get your money back.

The amount of work done doesn't matter in this case though, whether not started or three quarters done. The shop have breached the contract not the OP.

agrinnall

If the jeweller goes bust and doesn't have the money to refund your deposit then use Chargeback to claim from your debit card issuer.

Marauder999

BTW if it does go down that route you might also be able to claim off your debit card along the same lines of the credit card companies.

I paid for a holiday a few years ago on a debit card and was able to claim all the cash back but it is little known about in the banks. I guess it might of helped things for us that DW works for a bank.

LilElvis

Amy09 wrote: »

Hi All,

First time posting so hoping for some helpful advice! Back in December 2014 I went to a local independent jewellers to have a bracelet designed and made to incorporate a diamond from my honeymoon. I paid £600 deposit via debit card. The bracelet was due to be collected this month but I have just received a phone call from the wife of the jeweller to say he has suffered a nervous breakdown and that the bracelet will not be completed and that I can collect the diamond but that legally she does not have to give me back the £600 deposit I paid... is she correct in saying this? All she kept saying was speak to my credit card company, but I didn't pay by credit card. In that respect lesson learned for future but I'd like to know from an independent source she is right in saying I'm not entitled to my deposit back?

Thanks for your time and advice

When you go to collect the diamond point out that if she doesn't give you a full refund of your deposit that:

1 - if you paid by debit card you will gain a refund from your bank, which they will reclaim from the jeweller plus additional charges they will levy.

2 - if you paid in cash you will initiate court proceedings, which would also incur additional charges for the business.

Tell them that, though you are sorry for the reason they cannot complete the work, they are the ones who have breached the contract and it will be easier, and less costly for them, to refund you now rather than force you to invoke your legal rights.

If, by any chance, you are in the Surrey area I could give you the details of an excellent, award-winning manufacturing jeweller if you send me a private message (you can do this by clicking on my profile). I've no affiliation to the jeweller - just a very happy repeat customer!

ToriMcIntyre

I'm sorry you've had to deal with this. Is the wife part of the business? I'm guessing then she may not be able to help.

What would happen in that situation?