Refundable Deposit?? Issues

jacobluke121

Hello,

I have an issue with getting a deposit refunded. I placed a deposit for a surgical spot, which was refundable, if they received the cancellation within 5 working day of the consultation. I called them the day after and said upon reflection I do not wish to proceed and asked for a refund (this information has been marked on their system). I called up to check the progress and they said it's not been processed and they cannot process it now as it's out of the 5 day cooling off period (even though on the system it states i called to request this).

I don't know what to do now and £500 is a lot of money, should I take them to court? I have someone who witnessed me saying I don't wish to proceed on the phone, do I have enough 'evidence'?

Any guidance would be greatly appreciated.

Thanks
Jacob

bod1467

Send them the refund request in writing. Call this a Letter Before Action.

Dear [Company],
In respect of my telephone notification to you on [date] of cancellation of order [reference - if you have one], this notification was made the day after the order was raised and was duly noted on your own systems. As such this cancellation was well within the 5 days cancellation period defined within the terms and conditions.

I request that you refund my deposit, and that such a refund is received by me within 14 days of receipt of this letter, or by [letter send date + 16 days] whichever is the sooner. If this refund is not received as requested then I shall raise a Section 75 / Chargeback (delete as applicable - S75 is for credit cards) claim on my card provider for this refund, and reserve the right to raise a claim in the small claims track of the County Court to pursue this refund. Costs borne in pursuing such a claim will be added to the value of the claim.

This letter has been sent 1st class via a Post Office, and a certificate of posting has been retained for my records.

Yours faithfully,
[name]

Obviously tweak and refine that as necessary, but the key is to keep it factual and unemotional.

The last sentence is to make it clear to them that the letter is to be ignored at their peril. By having proof of posting the letter is deemed "served" (delivered) 2 working days after posting. (Interpretations Act 1978).

unholyangel

So they're not disputing that you called to cancel, they're just saying that as they didnt process it, they cant cancel it now?

If that is correct, i'd send them an LBA. 1) they cannot make you liable for their failures. 2) by failing to cancel they have potentially failed to mitigate their losses (which they have a statutory duty to do).

Have you read MSE's Is a deposit ever refundable?

wealdroam

jacobluke121 wrote: »

Hello,

I have an issue with getting a deposit refunded. I placed a deposit for a surgical spot, which was refundable, if they received the cancellation within 5 working day of the consultation. I called them the day after and said upon reflection I do not wish to proceed and asked for a refund (this information has been marked on their system). I called up to check the progress and they said it's not been processed and they cannot process it now as it's out of the 5 day cooling off period (even though on the system it states i called to request this).

I don't know what to do now and £500 is a lot of money, should I take them to court? I have someone who witnessed me saying I don't wish to proceed on the phone, do I have enough 'evidence'?

Any guidance would be greatly appreciated.

Thanks
Jacob

How did you pay that deposit?
By credit or debit card hopefully.
If so, have a read of MSE's Chargeback article and contact your card issuer.

Hopefully you have proof that you cancelled in time. That will make the chargeback very simple.