How long to wait for refund for goods not received?

benten69

Hi all,

I ordered some parts from a UK distributor on the 11th Jan. When I ordered they said they would need to get them in from the manufacturer in Germany (who was showing items as in-stock) and that the distributor would likely receive them within 1 week, and I should get them shortly after. All sounded good to me.

Long story short is that as of today I still do not have anything that I ordered. A few weeks back I even called all UK distributors to see if they had the item in stock, no-one did and they all told me they were having issues getting deliveries from this manufacturer since the start of the year (ie, Brexit). So I was fairly confident the one I had ordered from was not just having me on and up until last week I decided to wait for the items.

However as of last Monday I got fed up with waiting and e-mailed to ask for a refund. Got no reply (forgot it was Easter Monday), so I called on Tuesday and they said the refund would be processed that day. On Thursday, still no refund showing, sent another e-mail just to confirm the refund had been processed, but again, no reply. So I called on Friday and was assured the refund was indeed processed on Tuesday and that after my e-mail on Thursday they had discussed with their accounts team to confirm. They told me they would double check with the person in accounts when I last spoke with them on Friday, but I have not heard anything since.

As of today, still nothing showing back on my credit card. Normally from experience and even looking back at old statements dating back as far as 2017 the refunds have hit my account within 1 working day of confirmation that it was processed. I appreciate that it can sometimes take a little longer, but it's almost 1 week now and still nothing.

How long am I expected to wait? At what point do I get my bank involved with helping chase the refund? Also, as it was an item over £100 and paid for on my credit card I am covered under Section 75, but is there a time limit? On the banks website they just mention charge back time limits being 120 days, but nothing about Section 75 protection time limits?

As we are now 91 days since I placed my order I am concerned if I leave it too much longer before contacting the bank they might just tell me they can't do anything, so would like to keep the ball rolling on this so-to-speak until I get my money back.

Oh, just to add, the order was placed over the phone, so I have no receipts, all I have is the charge on my credit card which shows the company name and an e-mail 3 days before ordering where I asked for some info and they said they can get the parts no bother, but easier to order over the phone (their website is not the easiest to navigate). So also not sure how that will stand me if I ask the bank to get involved and they ask for receipts, etc??

Any advice?

Thanks

[Deleted User]

 I would allow 5 to 7 working days then call my bank 

unholyangel

A receipt is just that, confirmation of receiving something. You have that via your bank statement showing them receiving the money. 

Chargeback is part of visa/MasterCard's policy, the 120 day time limit (when that time limit starts depends....it's not necessarily from when you entered the contract) is their own policy. Ordinarily on contract claims you would have (if in England or Wales) 6 years from entering the contract to take legal action. 

S75 is a statutory right that says that if you have a claim against the retailer, you have the exact same claim against the creditor. So up to 6 years to claim in this instance. 

benten69

_shel said:

 I would allow 5 to 7 working days then call my bank 

Thanks, 7 working days would take me through to Thursday, will give it a few more days, see what happens. After that I'll give my bank a call and see if they can step in. Will maybe even call the retailer again on Wednesday just to give them a heads up if the refund still hasn't come through & let them know my next port of call will be the bank to get the money on my behalf.

unholyangel said:

A receipt is just that, confirmation of receiving something. You have that via your bank statement showing them receiving the money. 

Chargeback is part of visa/MasterCard's policy, the 120 day time limit (when that time limit starts depends....it's not necessarily from when you entered the contract) is their own policy. Ordinarily on contract claims you would have (if in England or Wales) 6 years from entering the contract to take legal action. 

S75 is a statutory right that says that if you have a claim against the retailer, you have the exact same claim against the creditor. So up to 6 years to claim in this instance. 

Thanks for the info, makes it a bit less urgent to sort it in the next 2-3 weeks knowing I have up to 6 years to claim. I am in Scotland, the seller is in England if that makes any difference. Have heard Scotland is usually 5 years to bring claims to court, which I assume would be the same for this?

unholyangel

benten69 said:

_shel said:

 I would allow 5 to 7 working days then call my bank 

Thanks, 7 working days would take me through to Thursday, will give it a few more days, see what happens. After that I'll give my bank a call and see if they can step in. Will maybe even call the retailer again on Wednesday just to give them a heads up if the refund still hasn't come through & let them know my next port of call will be the bank to get the money on my behalf.

unholyangel said:

A receipt is just that, confirmation of receiving something. You have that via your bank statement showing them receiving the money. 

Chargeback is part of visa/MasterCard's policy, the 120 day time limit (when that time limit starts depends....it's not necessarily from when you entered the contract) is their own policy. Ordinarily on contract claims you would have (if in England or Wales) 6 years from entering the contract to take legal action. 

S75 is a statutory right that says that if you have a claim against the retailer, you have the exact same claim against the creditor. So up to 6 years to claim in this instance. 

Thanks for the info, makes it a bit less urgent to sort it in the next 2-3 weeks knowing I have up to 6 years to claim. I am in Scotland, the seller is in England if that makes any difference. Have heard Scotland is usually 5 years to bring claims to court, which I assume would be the same for this?

If you're in Scotland then it's 5 years from discovery (ie 5 years from when they breach the contract). So it can be longer or shorter than the 6 year limitation in England and Wales. 

In this instance it would be shorter, but it's still plenty of time!

The only warning I'd give would be if any part you ordered cost less than £100. It is each individual item cost that needs to be over £100. 

So, as an example, if you bought 4 single chairs at £75 each, s75 wouldn't apply despite order total being £300. But if you purchased a set of 4 chairs (1x4 chairs rather than the former 4x1 chair) and the price for the set was £300, you would be covered by s75. 

benten69

unholyangel said:

The only warning I'd give would be if any part you ordered cost less than £100. It is each individual item cost that needs to be over £100. 

So, as an example, if you bought 4 single chairs at £75 each, s75 wouldn't apply despite order total being £300. But if you purchased a set of 4 chairs (1x4 chairs rather than the former 4x1 chair) and the price for the set was £300, you would be covered by s75. 

Thanks, the order was for a pair of motorcycle fork springs, and costs about £125, they are listed on the manufacturers website under a single part number and that part number is for 1 pair of springs, not 1 single spring.

So this pair should be classed as an "individual item" with a value of £125, would it not?

As when you order manufacturer part number "XYZ" you would get 1 box with 2 springs inside it.

born_again

So long as your £125 does not include P&P.

You would be looking at a chargeback anyway, not S75. 
Far quicker & easier.

benten69

born_again said:

So long as your £125 does not include P&P.

You would be looking at a chargeback anyway, not S75. 
Far quicker & easier.

The £125 was the total price, it was not broken down separately when I ordered over the phone.

However looking at the retailers website when organising price from low to high or high to low for all their springs they are all priced at £110 for this manufacturer.

So I would assume that breaks down into £110 for the springs + £15 delivery, which means the item themselves would still be covered under S75.