Am I due a refund?

Nicky130

Not sure of the best area to post this one?
Ok, I had an account with a farm shop where I prepaid a set amount each month up front to be spent on orders, however the usual stock that I bought started getting getting less and less, only leaving very expensive joints of meat or other similar items to purchase, so my orders became less frequent.  I emailed them querying levels of stock and they confirmed that they had been busy and assured me that stock levels would go back up so I kept the DD going.  After a while I just thought I'd stop the direct debit as it wasn't getting any better, however, this left a balance on my account of over £200.  They have informed me that I cannot have this refunded, I have to spend this amount.  It was listed in the T's & C's, but I never imagined that the stocking levels would get this low.  Where do I stand for a refund? Is this something they are allowed to do? or is it just a case of 'suck it up buttercup'?  Also the stock during lockdown has got even worse, and they get to keep the balance if it does not get spent within a certain timescale?  Anyone want a £40 joint of beef?? lol

pinkshoes

I think they are possibly breaching their T&Cs by having very limited stock.  Variations are one thing but this doesn’t sound like a variation!

i would ask them to either refund the £200 on the basis that their change in stock is a limitation rather than a variation, or freeze the £200 until their usual stock is back.

The_Rainmaker

OP call them speak to them and put an order in say a week in advance and see what happens.

I'd be willing to cut them a bit of slack (at this time) as long as I didn't think they were at it.

unholyangel

I'd be asking them what legal right they think they have to my £200, given it doesn't sound like there is any contract until you actually place an order. Really they have 2 options. 

1) There was no contract for the goods so they have no right to the money
2) There was a contract for the goods, which they are now in breach of and you are entitled to be put back into the same position you would have been in had the contract been performed correctly or (if that isn't possible) then the position you would be in had you not entered the contract. The former would see them liable for reasonable costs of replacements which may exceed the value agreed with them under contract. And while they may try to argue its "circumstances outwith their control", that just means they're not liable for losses (like sourcing replacement goods). It doesn't mean they can keep your money but not provide what was agreed.