Can I hope for a refund?

EtteC

We put a deposit on garden furniture on 2nd May'21 - it was due to take 12 -16 weeks for delivery. We completely forgot about due to Covid and family deaths etc. I spoke to the retailer last week who advised that they had mad many attempts to contact us on our mobile (checked number it was correct) - we have no missed calls from the retailer. I have asked for a refund of our deposit and have been told no the best I can  get is a credit note - which I do not want. The retailer hinted that they would charge me storage for the garden furniture - which is not in stock and no offer of delivery has been made - even if we wanted it. Am I entitled to the money back instead of a credit note?.

Aylesbury_Duck

What happened in all that time?  If you only paid a deposit, were you obliged to pay the balance at a certain point?

How can they charge for storage of furniture they don't have in stock?

Ultimately, if they're not able to provide the furniture you paid the deposit for, you're entitled to a refund in the original payment form, not a credit note (unless you paid the deposit with a credit note or vouchers, of course).

Manxman_in_exile

@EtteC -  it's all covered by s28 Consumer Rights Act 2015.  Consumer Rights Act 2015 (legislation.gov.uk)

Basically - unless you have agreed a different timescale - the retailer must deliver the goods without undue delay and in any case not later than 30 days.  Let's say for the sake of argument that you agreed up to 18 weeks and that time has now long passed. 

If the retailer is refusing to deliver the goods you can tell him that under s28(6)(a) of the Act you are treating the contract as at an end, and that under s28(9) he must reimburse to you "all payments" you have made under the contract.  Note that the law talks about reimbursing payments - not about giving out vouchers.

If the retailer is not refusing to deliver but simply hasn't got the items to deliver, then go back to him and tell him that you want delivery within the next eg 14* days under s28(7) and that if he doesn't do so then you will treat the contract as at an end under s28(8) and that he will be legally obliged to reimburse to you "all payments" made under the contract - s28(9).

If he doesn't cough up you'll have to consider suing him.

*Or whatever number of days is appropriate in the circumstances.

[EDIT:  All the above assumes of course that the retailer is either refusing to deliver or hasn't got the goods to deliver.  But if he hasn't delivered because he hasn't been able to contact you or because of some other failure on your part, then the position might be different]

sheramber

Storage may be for the time spent trying to contact you. Presumably  he  eventually sold the furniture to someone else. 

the_lunatic_is_in_my_head

Manxman pretty much covers this, presumably they had your address so they could deliver or write to you if they wasn't able to get you on the phone. 

They can't charge you storage fees.

Did you buy in store or some other way? 

Robinio

Not sure if you'll get your refund, but if you're still looking for garden furniture, I found a deal website called garden furniture sale which has sale and clearance items from big names like Argos, The Range, Wilko. Wish I'd known of this site last year before I bought my outdoor dining set