Money back.

Deltorro

I will try and keep this short and simple.
My wife called into a small independent phone shop to enquire about getting my sons tablet fixed.
He said it would be £35, which she thought was a fair price and paid him there and then. She didn't have the tablet with her, but said she would drop it off the following day.
Unaware of this until that evening, I then looked at his tablet. What they thought was a faulty charging port, turned out to be a faulty charger!
So I went in the following day to ask for the money back. He understood, but says they don't do refunds and I would have take a credit note. Even though no part had been ordered yet. I didn't want to cause a scene and took the credit note.
Am I entitled to my money back or not?


Any advise would be appreciated.


Thank you,


Del.

wealdroam

Deltorro wrote: »

I will try and keep this short and simple.
My wife called into a small independent phone shop to enquire about getting my sons tablet fixed.
He said it would be £35, which she thought was a fair price and paid him there and then. She didn't have the tablet with her, but said she would drop it off the following day.
Unaware of this until that evening, I then looked at his tablet. What they thought was a faulty charging port, turned out to be a faulty charger!
So I went in the following day to ask for the money back. He understood, but says they don't do refunds and I would have take a credit note. Even though no part had been ordered yet. I didn't want to cause a scene and took the credit note.
Am I entitled to my money back or not?


Any advise would be appreciated.


Thank you,


Del.

Legally, you probably are entitled to some money back, but why on earth did your wife pay the money before leaving the thing to be repaired?
I wouldn't be paying until after the repair had been completed and shown to be successful.

Deltorro

No idea why she paid upfront!
When I asked her. All she said that a few of her friends have been in before and have been really happy with the service and workmanship.
She is far too trusting for her own good.


Thanks for the reply,


Del.

paddyrg

Doesn't mean the service or workmanship would have been poor, the dispute is about payment

That said, you could try something along the lines of 'the £35 was a deposit, deposits cannot be withheld in full, just to cover quantifiable losses (like the costs of readvertising a holiday cottage), not loss of profit'. Search this sure articles about withholding deposits and you'll find resources to help.

bris

They are entitled to some of the £35 and loss of profit would cover it, a contract did exist between them.


It's a mute point however, by accepting the credit note this forms a contract between them that resolves the old one.

George_Michael

bris wrote: »

It's a mute point however, by accepting the credit note this forms a contract between them that resolves the old one.

If they only accepted the credit note because they had been mislead about their legal rights, then no, no binding contract had been formed.


Saying that, I don't think it's worth considering any form of legal action for what may only be a £10 or £12 refund (I'm allowing a couple of £s to cover any admin costs incurred by the store but this is only a guess on my part).


Deltorro, does the store stock anything that you, your wife or your son need now or will need shortly? (phone or tablet case, power adaptors etc).
If so, it might be worth seeing if you can use the credit note to buy something or even use it for a phone top up if possible.

Deltorro

Thank you for the replies. I have been in again today to see if there is anything we would need. Nothing stood out. What they sell seems to be overpriced for what it is.
It's probably not worth the hassle. So for now we will just keep the credit note. Hopefully, we will need something in the near future. Just hope the shop does not close, then we will have lost the money completely!

wealdroam

Deltorro wrote: »

Thank you for the replies. I have been in again today to see if there is anything we would need. Nothing stood out. What they sell seems to be overpriced for what it is.
It's probably not worth the hassle. So for now we will just keep the credit note. Hopefully, we will need something in the near future. Just hope the shop does not close, then we will have lost the money completely!

Now that you have found that there is nothing there that you want, I would go back and spend your credit note on something... anything.

Whatever you buy stick it on ebay/gumtree to recover at least some of your money.