Deposit Paid - price not honoured

fm32

That's why the payment was made to secure

stuart30

fm32 wrote: »

What makes you think I was backing out of the deal?

Just a wild stab in the dark..but paying an amount and then not paying the rest even after several months.:(

Marchitiello

Focus on the fact with them:
You have paid a deposit for a bespoke order. There are three possible scenarios:

- you go ahead with the order and the deposit goes towards whatever final charge they may think is appropriate.

- if the ring was never ordered (they would need proof that it was), they should issue a full refund

- as above but T&C specify no refundable fee: you get credit note for another purchase. (Again they would need to prove in court via recorded call that they read to you over the phone the full t&c as this was a phone order).

They cannot just take a deposit for goods not delivered and forfeit the money.

Ask someone that is good at writing formal complaints to help you write a letter where you state the facts and your formal request for a refund (based on what you said, you would have stated the facts that you never confirmed the final ring size etc, so they should not have ordered it, and you were simply trying to secure the promotional price). Also state that if they disagree with your statement, they need to send you the recording of the telephone conversation when you placed the order and all the consequent calls. Failure to refund you or to provide said recording would result in a report to the police for fraud and a claim for compensation in court (if what you said is true, they took your money for blocking a promotional offer but now they have changed their stance).

fm32

Thank you very much
Yes I wasn't aware of the situation at time of purchase until some six weeks later the manager told me how shop worked and said she would give me some five days to make final payment or promotional discount would be lost. At that time I was not well and didn't get to make the payment so thought I still had my money sitting yheee and just happen to get my hands on another promotional voucher and price was exact same so when I said this they were angry at me and said my dwapoaor was lost for not coming into the shop that give days after manager explained policy.
It wasn't an option to get at that time so I just let it go thinking they would put my money towards something else and that what employee told me a few times it only after two weeks of sale/ deposit was paid and I then at that time asked for a refund as I knew I didn't want the ring made until after my baby was born

[Deleted User]

fm32 wrote: »

they were angry at me and said my dwapoaor was lost

You lost your what now?:eek:

fm32

using my phone and the keys are not alined as my daughter dropped it so it has a mind of its own - sorry

fm32

deposit - sorry as explained my phone isn't working correctly

phillw

The vat free voucher is just a marketing gimmick saying they will give you a 20% off voucher, HMRC will still receive 20% of the price you pay, it's the law.

If they used the money to order in a bespoke ring and then because you didn't pay for it within a reasonable amount of time that they scrapped it, then it's unreasonable to expect that they would let you use the deposit for another ring. If they are saying that the deposit is just time limited then you might win in small claims court.

What does your credit card company say? Phone them up and say you paid half of the money towards a ring and now you've returned to pay the remaining half they are claiming that they don't have this money. Don't call it a deposit and don't go into details about why it's taken so long, accept responsibility for that but say that you weren't aware it was a problem to wait.

I suspect that to hit the wedding you will want to go to buy a ring from somewhere else and try to reclaim the money.

fm32

Thanks very much - credit card system told me in Feb to go and see what extra they wanted - as I assumed they weren't going to honour the price and when I done that they then Said I had no deposit.
I have realised the 20 percent is a marketing thing as they hand them out at every wedding show and probably if I had prices without it it would been same - but I fell for the trap and made a payment to try and save money not lose money.
As stands with credit card they are sending me forms to fill out to launch a then investigation on the matter.
I would need advice on how to fill out the form. The manager did email me back this morning and said she made the final call on the money because time frame had lapsed and admitted only out cost for freight on the ring - they have a jewler on site who sizes the ring. She then proceeded to say she has final say in all matters. Also said she would look at everything this morning and come back to me today but nothing yet.

PeacefulWaters

phillw wrote: »

The vat free voucher is just a marketing gimmick saying they will give you a 20% off voucher, HMRC will still receive 20% of the price you pay, it's the law.

Pedantic moment, but HMRC will receive 16.67% of the price paid.