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Where do I stand?

OK so back in Feburuary I went prom dress shopping and decided to support a local business . My daughter chose a dress @ £445 which then had to be ordered in like most of the dresses in store they had samples to try on. The dress was not customised or made to measure in anyway just standard off the rail. I had to pay a deposit of £145.00 She said I could pay in instalments whenever I wanted . She provided a receipt attached a card which stated deposits were non refundable or transferable. I went in the weekend before lockdown and paid addition £100. Then course lockdown happened Covid ruined plans and prom is complete cancelled with no plans to reschedule. So I dont want the dress and I am not going to pay the extra £200 . She contacts me on the 7th July to say dress in store ( Prom was planned for 2nd July) I Told her I dont want it and she is saying I cannot have any money back even the extra over the deposit. She still has the dress to sell and also my £245. What I want to know is can I get back all of money?, Or just the extra? is she right to be able to keep it all when a friend of mine also ordered from the same shop and has not paid extra so she loses less that me so Iam being penalised for paying more off.  Before I go in and face her I want to know my rights do I loose it, have to accept a credit note,get a full refund or just the extra paid. I know its not her fault but its not mine either these are exeptional circumstances its not like I just changed my mind my husband has lost his job we need all the money we can get at the moment . 
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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,935 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 July 2020 at 5:12PM
    Libara said:
    OK so back in Feburuary I went prom dress shopping and decided to support a local business . My daughter chose a dress @ £445 which then had to be ordered in like most of the dresses in store they had samples to try on. The dress was not customised or made to measure in anyway just standard off the rail. I had to pay a deposit of £145.00 She said I could pay in instalments whenever I wanted . She provided a receipt attached a card which stated deposits were non refundable or transferable. I went in the weekend before lockdown and paid addition £100. Then course lockdown happened Covid ruined plans and prom is complete cancelled with no plans to reschedule. So I dont want the dress and I am not going to pay the extra £200 . She contacts me on the 7th July to say dress in store ( Prom was planned for 2nd July) I Told her I dont want it and she is saying I cannot have any money back even the extra over the deposit. She still has the dress to sell and also my £245. What I want to know is can I get back all of money?, Or just the extra? is she right to be able to keep it all when a friend of mine also ordered from the same shop and has not paid extra so she loses less that me so Iam being penalised for paying more off.  Before I go in and face her I want to know my rights do I loose it, have to accept a credit note,get a full refund or just the extra paid. I know its not her fault but its not mine either these are exeptional circumstances its not like I just changed my mind my husband has lost his job we need all the money we can get at the moment . 
    I can't see you have any grounds for complaint.  You ordered a dress, they've provided it.  That you no longer need/want it isn't their concern.  You are entitled to the dress once you've paid for it though.  Talk to them.  They may agree to keep some of the money and retain the dress.

    Your friend's situation is irrelevant to your consumer rights (and responsibilities).

  • Libara
    Libara Posts: 32 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    but they are saying they are keeping my money and the dress or I pay and have the dress

  • Libara
    Libara Posts: 32 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    I still have £200 to pay the balance off
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,935 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pay it and sell the dress on is one option.  
  • Libara
    Libara Posts: 32 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Pay it and sell the dress on is one option.  
    I thought about it but will probably get less back than what I will lose anyway. Gues I will just have to cut my losses would have hoped for the extra £100 back at least.
  • fred369
    fred369 Posts: 57 Forumite
    10 Posts Name Dropper
    Libara said:
    OK so back in Feburuary I went prom dress shopping and decided to support a local business . My daughter chose a dress @ £445 which then had to be ordered in like most of the dresses in store they had samples to try on. The dress was not customised or made to measure in anyway just standard off the rail. I had to pay a deposit of £145.00 She said I could pay in instalments whenever I wanted . She provided a receipt attached a card which stated deposits were non refundable or transferable. I went in the weekend before lockdown and paid addition £100. Then course lockdown happened Covid ruined plans and prom is complete cancelled with no plans to reschedule. So I dont want the dress and I am not going to pay the extra £200 . She contacts me on the 7th July to say dress in store ( Prom was planned for 2nd July) I Told her I dont want it and she is saying I cannot have any money back even the extra over the deposit. She still has the dress to sell and also my £245. What I want to know is can I get back all of money?, Or just the extra? is she right to be able to keep it all when a friend of mine also ordered from the same shop and has not paid extra so she loses less that me so Iam being penalised for paying more off.  Before I go in and face her I want to know my rights do I loose it, have to accept a credit note,get a full refund or just the extra paid. I know its not her fault but its not mine either these are exeptional circumstances its not like I just changed my mind my husband has lost his job we need all the money we can get at the moment . 
    I can't see you have any grounds for complaint.  You ordered a dress, they've provided it.  That you no longer need/want it isn't their concern.  You are entitled to the dress once you've paid for it though.  Talk to them.  They may agree to keep some of the money and retain the dress.

    Your friend's situation is irrelevant to your consumer rights (and responsibilities).

    Which would require the op to pay another £220?
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,935 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 July 2020 at 5:34PM
    fred369 said:
    Libara said:
    OK so back in Feburuary I went prom dress shopping and decided to support a local business . My daughter chose a dress @ £445 which then had to be ordered in like most of the dresses in store they had samples to try on. The dress was not customised or made to measure in anyway just standard off the rail. I had to pay a deposit of £145.00 She said I could pay in instalments whenever I wanted . She provided a receipt attached a card which stated deposits were non refundable or transferable. I went in the weekend before lockdown and paid addition £100. Then course lockdown happened Covid ruined plans and prom is complete cancelled with no plans to reschedule. So I dont want the dress and I am not going to pay the extra £200 . She contacts me on the 7th July to say dress in store ( Prom was planned for 2nd July) I Told her I dont want it and she is saying I cannot have any money back even the extra over the deposit. She still has the dress to sell and also my £245. What I want to know is can I get back all of money?, Or just the extra? is she right to be able to keep it all when a friend of mine also ordered from the same shop and has not paid extra so she loses less that me so Iam being penalised for paying more off.  Before I go in and face her I want to know my rights do I loose it, have to accept a credit note,get a full refund or just the extra paid. I know its not her fault but its not mine either these are exeptional circumstances its not like I just changed my mind my husband has lost his job we need all the money we can get at the moment . 
    I can't see you have any grounds for complaint.  You ordered a dress, they've provided it.  That you no longer need/want it isn't their concern.  You are entitled to the dress once you've paid for it though.  Talk to them.  They may agree to keep some of the money and retain the dress.

    Your friend's situation is irrelevant to your consumer rights (and responsibilities).

    Which would require the op to pay another £220?
    No, £200 more.  If they want the dress, yes, of course they need to pay the extra.  If they don't, they're not entitled to all of their money back so it's a case of negotiating what they can from the seller.
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The shop might have it on the shelf for years until someone else wants the same dress, so it's not fair to expect them to pay their supplier and sit with it hanging around forever because of your change of mind. 

    I'd say the current situation is fair, if you want the dress you need to pay the rest. 

  • cymruchris
    cymruchris Posts: 5,562 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    In your opening sentence you say you want to support a local business - and yet you also want the same local business to have that dress sitting on the shelf for the next three or four years potentially never selling it, because you've changed your mind. Of course on the full retail price the shop would have made some margin, but at the amount you've currently paid, the shop may in fact make a loss simply by keeping your money and the dress if it never sells. Styles and fashions change - so the chances of someone coming in for that exact dress in that exact size - although not impossible - is incredibly slim. I would pay the difference and ebay it next year, or negotiate with the shop to see if you need to make an additional payment and let them keep the dress in order to break-even, after all it was you that changed your mind, they've done exactly as you've asked. 
  • The_Rainmaker
    The_Rainmaker Posts: 1,483 Forumite
    1,000 Posts Name Dropper Photogenic
    OP should be grateful that the shop isn't pursuing her for the balance.
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