Charge back for a refund promised but not received?

kj33

Hi everyone,

Asking for some advice for my sister.

Long story short, she paid for some specialist flooring to be fitted in her kitchen back in August that was non-slip for her disabled son. The company she bought the product from promised it would be done within 20 working days....

Over two months later she was contacted by the company's fitters (who turned out to be another, larger flooring company, who she originally approached for a supply and fit of this flooring but they wouldn't deal with domestic installs directly and put her in touch with the company she paid) with a date for the install...

She took a day off, stayed in waiting and got every excuse under the sun for 10 hours before the fitter finally admitted no one was coming. The manager of the fitters (not who she paid for the supply/install from but who ultimately got the money) was super apologetic as soon as she mentioned doing a charge back. He said he'd make sure she got a full refund and the flooring fitted for free by way of an apology for messing her around and her being so understanding.

She doesn't have this in writing, but her telephone does record calls, so she has him on tape stating he intends to do this and text messages referring to a refund.

Anyway, another two weeks pass, and in that time she sees three fitters, all of whom cannot seem to get the job right. There's constantly a problem in which they have to go away and return with a different tool/adhesive, or whatever excuse they come up with. All in all, my sister took four days off work to get a 3m x 4m kitchen floor fitted which should have taken an hour tops. 

Fortunately, the floor is down now, and she's contacted the supply/fitting guy who promised the refund to ask for if it's been processed, and he's told her he's on it, but she's doubtful it's going to happen and she's rapidly losing patience with him.

My question is - does she have any right to do a charge back on the transaction based on the fact she was promised a refund and install/supply free of charge?

Does it make a difference that she paid one company for the fitting/flooring, but another was actually in charge of obtaining the flooring and fitting it?

Any advice would be helpful, thanks for reading.

Nannytone

Im not quite sure what she is asking to be refunded.
Is it the cost of fitting or the total transaction cost?

kj33

I assume, the total cost of the transaction. Flooring and fitting, since that's what a full refund would cover, and I believe that's what this guy promised.

Manxman_in_exile

You may be confusing others by talking about a "chargeback" in the title and body of the post.  Usually in this context a "chargeback" is paid to the consumer by whichever bank issued the credit card or debit card that they paid the supplier with.  All you are talking about here is a straightforward (partial) refund from whoever agreed to pay it to you/your sister.

(If your sister finally got the job completed she's never going to get a full refund for everything otherwise she would have got the flooring and the fitting service entirely for free.  That's never going to happen - think about it. 

"I believe that's what this guy promised".  Presumably your sister knows what was agreed?)

born_again

For non receipt of refund chargeback. You need in writing these details. Date refund processed, Amount of refund & last 4 of card number. This would also have to be from the company who were paid. Which if I'm reading the OP right have never promised as refund.


You can guess the odds of getting that...

kj33

@manxman_in_exile no, I am talking about a chargeback, in the instance that this guy doesn't come good on his promise of a refund. I'm asking if my sister has a right to apply for a chargeback through her bank based on the fact he said he'd refund her and fit the flooring for free as an apology for messing her around.

maisie_cat

The company your sister paid is not the person who promised a refund, is that right?
The first company was paid for the flooring and the fitting so it is they that should be chased for a refund of the fitting element, because that part of the contract was not fulfilled.
It sounds like the fitters a subcontracted so have no right to offer refunds.
Has your sister contacted the company she actually paid?

Alderbank

maisie_cat said:

The company your sister paid is not the person who promised a refund, is that right?
The first company was paid for the flooring and the fitting so it is they that should be chased for a refund of the fitting element, because that part of the contract was not fulfilled.
It sounds like the fitters a subcontracted so have no right to offer refunds.
Has your sister contacted the company she actually paid?

The OP said the floor was (eventually) fitted and makes no complaint about the quality of the job.

OP, your sister might be able to claim from the flooring company for any quantifiable losses caused by the delays, such as lost pay from work or having to pay extra for carers for her son. She can't claim for annoyance unfortunately.

As others have said, the fitters have nothing to do with the contract between your sister and the shop and have no powers to promise any money except out of their own pockets. I bet they don't do that!