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Entitled to refund?

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  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    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?

    She has spoken to the OP in the course of the business, so I imagine she is involved in some way even if that is just to inform customers of her husbands situation.

    Either way though, it doesn't change the OPs entitlement to the diamond and her £600 back.
  • LilElvis wrote: »
    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!

    This.

    OP: follow exactly what is written above and report back here when you get a response.

    In the case of pursuing court proceedings against the jewellers make sure you issue a Letter before Action beforehand.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    LilElvis wrote: »
    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.

    Given that the OP clearly states in the post that you quoted that the payment was by debit card everything after your point 1 was a waste of effort for you and unnecessary from the OP's point of view. And I'd already said it 2 posts before you :D.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    agrinnall wrote: »
    Given that the OP clearly states in the post that you quoted that the payment was by debit card everything after your point 1 was a waste of effort for you and unnecessary from the OP's point of view. And I'd already said it 2 posts before you :D.

    Thanks for pointing out my stupidity.

    Glad you were able to help.

    Hope that you feel like a big man now. :D
  • 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.

    You really do need to read and understand the SOGA before continuing to post "advice".


    It doesn't matter if the work was 1/2 done or all done. If the OP doesn't get what they paid for then they are entitled to all of their money back.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    LilElvis wrote: »
    Thanks for pointing out my stupidity.

    Glad you were able to help.

    Hope that you feel like a big man now. :D

    No problem at all, feel free to return the favour any time I post something daft (it probably won't take long to find one). Although if you leave out the gratuitous insults that would be good.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    agrinnall wrote: »
    No problem at all, feel free to return the favour any time I post something daft (it probably won't take long to find one). Although if you leave out the gratuitous insults that would be good.

    No insult intended - certainly wasn't meant. I could do with help cooking 400 hotdogs tomorrow morning at the sprog's school though if you're free. PM me and I will see you at 11·15 :D
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