Please help!!

shaunc50

I would like some advice please, we put a deposit down on some products for our bath from the bath store on the 02/01/2016 (we went into the store).

At the time we where not sure if to put the deposit down as we had no price to fit but the sales guy told us if we put the deposit down they could send someone to price the bathroom fit and that our deposit would be safe indefinitely.

Anyway we got a price about 2 months later and decided it was going to cost us too much (they wanted £7000 ti fit) so we held off till we had better fiances and someone to do the job.

We got a call around 3 months ago to see if we wanted to go ahead but we told them we would come back to them in a few months to get it all fitted.

We have now got back to them and decided to go ahead but we wanted to get a refund or just get the deposits worth of products, due to the equipment being much cheaper elsewhere.

They have now turned around and said they are not sure what the guy we where dealing with said but he is not there anymore and that the T&C say it is not refundable after 30 days from setting a date the problem is I have no T&C that i can see (I may have signed it and lost it) and as you can see from there website terms it says nothing to this effect.

The guy said I signed T&C with this on but tI have another document signed that said delivery data TBA.

I think because they do not want to lose the money they are now trying these best to keep with with no products being delivered?

marliepanda

What did the salesman say? It seems very odd for him to use the word 'indefinitely' in this context and indeed that only seems to fit with what you now say.

It makes more sense for him to have said 'if you don't decide to go ahead, you'll get your deposit back.' You DID decide to go ahead it seems, but delayed it, and are now fully backing out.

When you got the quote and delayed it until your finances were better, what exactly did you say to them? Why didn't you get your deposit back then and say 'we'll come back when our finances are sorted. You've left it with them 9 months, why?

shaunc50

I believe he was trying to say that it would never be lost (for example his words to my wife where there is no time limit to when we want to pay the rest off it could be in 99 years) and he defiantly did not say (if you do not take delivery in 6 - 12 months the deposit would be lost).

We decided to put the deposit down based on this, the whole point is we where still deciding and he said to take as along as we wanted (we had no date confirmed which is why the agreement said ETA on delivery and no date).

We did not delay the order as there was no ETA so we did not get in touch with them because of a delay (there wan't one we knew we where getting it done this year and he was aware of this).

And also on top of all of this we trusted they guy so no need to fear that anything would happen?

wealdroam

shaunc50 wrote: »

I would like some advice please, we put a deposit down on some products for our bath from the bath store on the 02/01/2016 (we went into the store).

At the time we where not sure if to put the deposit down as we had no price to fit but the sales guy told us if we put the deposit down they could send someone to price the bathroom fit and that our deposit would be safe indefinitely.

Anyway we got a price about 2 months later and decided it was going to cost us too much (they wanted £7000 ti fit) so we held off till we had better fiances and someone to do the job.

We got a call around 3 months ago to see if we wanted to go ahead but we told them we would come back to them in a few months to get it all fitted.

We have now got back to them and decided to go ahead but we wanted to get a refund or just get the deposits worth of products, due to the equipment being much cheaper elsewhere.

They have now turned around and said they are not sure what the guy we where dealing with said but he is not there anymore and that the T&C say it is not refundable after 30 days from setting a date the problem is I have no T&C that i can see (I may have signed it and lost it) and as you can see from there website terms it says nothing to this effect.

The guy said I signed T&C with this on but tI have another document signed that said delivery data TBA.

I think because they do not want to lose the money they are now trying these best to keep with with no products being delivered?

Why not ask their salesman to show you the T&Cs you allegedly signed that show the "not refundable after 30 days" term?

You might also find this post useful:

Is a deposit ever refundable?

shaunc50

The main issue is that even if I did sign this it was the sales guy that told us we had no issues with losing the deposit but now we are being told it is in the T&C, I know we should have read this (I am one of the stupid people that don't read all the T&C on everything) but you would think a company would not act like this.

I also own a company and while i would not give a refund back 11 months later I would give the customer that much of store credit that had to be used in the next 30 days, it is pretty obvious what has happen here we never had an ETA (weather they take into account the sales guys lies of never having an issue getting the deposit back) and did not see this T&C as we would not willingly lose £1500.

If I have the link you sent over right (is a deposit ever refundable) this would point to them having to prove that it cost them £1500 in cost on this order, the problem they would have is that no ETA we ever allocated (as above i would be happy with a credit so again trying to be fair with them but they are not with me).

unholyangel

What exactly was agreed at the time you paid the deposit? Had you picked out a range and been given prices for these?

If he says you signed those terms, ask him for a copy of the signed document. If they can't provide it well, I'd fathom a guess that they're bluffing.

Thats without going into the whole mitigation of loss, can they keep your deposit etc. So theres still avenues to explore if the above doesn't pan out.

shaunc50

Just found something great on the invoice the order date is 02/01/2016 and guess what the delivery date says

---

31/12/2099

What do you think to this now, I feel this would be detrimental to there lies?

wealdroam

They're bluffing.

Why won't you ask to see the T&Cs you agreed to?

shaunc50

I will ask them to see them on Monday but with the invoice saying this now, I do feel this is proof enough no matter what it says in there T&C the delivery date is 31/12/2099.

The sales guy told us it will be safe to pay it off when we feel like and now this is reinforced.