Company won't give refund for a service within 14 day cooling off period

SEEA · 4 December 2018 at 6:28PM

Hi, I'll try keep this short, but with as much information as possible.

I was looking to get an item of electronic equipment repaired and found a company online who send out a courier to collect the item, they fix it in their workshop, and then courier it back to you.

I paid upfront because they weren't able to process the order otherwise, apparently. The day after I had paid this company, and the day before the courier was due, a friend of a friend told me that they'll fix it for me for cheaper, so I decided that I would like to cancel the services of the company and asked for a full refund in writing.

As it was within 14 days and dealings were at a distance, I thought I was within my rights to claim a full refund as no actual service by the company at taken place. The courier is via a separate company and is actually an additional charge to the repair on the invoice.

However, they are adamant that they can't give me a refund as a 'time slot' had been allocated for the repair, therefore wouldn't fall under Consumer Regs 2013. No time slot had been agreed other than the day the courier would collect the item, and the day I wished to have the item back by (Christmas).

After talking to Citizen's Advice, I've been told by I'd definitely have a claim, and I am due a refund. So who's really in the right here? Any further advice?

dj1471 · 4 December 2018 at 8:20PM

Their arguement is nonsense. There are exemptions for some services but they don't apply here.

This is the relevant part of the legislation:
http://www.legislation.gov.uk/uksi/2013/3134/regulation/36/made

In short you have the right to cancel, but you have to pay for whatever they've done prior to cancellation, e.g. you might have to pay for the courier if it's non-refundable.

SEEA · 5 December 2018 at 12:09PM

Thanks dj. I did offer to forgo the refund of the courier. I have even proposed that they at least partially refund me so that I don’t have to go through MCOL (which I am fully prepared to do). Awaiting their response.