Conservatory / home improvement

jatjat

just look just looking for a bit more advice. We requested a refund from the company and they said we had to pay the building regs money. So ok we will take the loss, but they have requested we give them our bank details. Not so happy to do that. Can they not just refund the card we paid with? 

Now they have sent an email with a form to sign promising not to tell anyone about the form, and not to report them to anyone 🤔
we have not signed that either. A non disclosure form just to refund the deposit. Has anyone heard of this before? Thanks in advance for any response. 🙏

Aylesbury_Duck

Giving them a sort code and account number doesn't create risk, but no harm in asking them to refund to your card. 

To be honest, I'm not entirely convinced you're entitled to a full refund (minus the building regs if they've paid that charge) so I wouldn't go putting imaginary obstacles in the way.

the_lunatic_is_in_my_head

OP They should be refunding to the same method.

Aylesbury_Duck said:

Giving them a sort code and account number doesn't create risk, but no harm in asking them to refund to your card. 

To be honest, I'm not entirely convinced you're entitled to a full refund (minus the building regs if they've paid that charge) so I wouldn't go putting imaginary obstacles in the way.

Off premises contract comes with the right to cancel, subject to paying for any services they have provided however no info on cancellation given means the trader can not charge anything.  

OP I'd get the refund and do a S75 for anything they won't refund as they didn't give you any paperwork.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36

(4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount—

(a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and

(b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.

(5) The amount is to be calculated—

(a)on the basis of the total price agreed in the contract, or

(b)if the total price is excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

Additional guidance: 

https://www.businesscompanion.info/en/quick-guides/off-premises-sales/consumer-contracts-off-premises-sales#Righttocancel

A consumer will not have to pay you for services supplied in the cancellation period if you have not provided them with information items 'l' and 'n' above

Aylesbury_Duck

Oh yes, I'd forgotten the sale was conducted entirely at OP's home.

jatjat

Hi again…. So have discussed getting a refund direct to the card. Unfortunately they maintain that is not possible and could we still give bank account details. So we requested an email outlining the refund less the building regs and now they have added more money to the costing stating it is the architect fees. This is the first time this has been mentioned. Should we just hold out now for the schedule 75 ? 

sheramber

Has any architect work been done?

Have they applied for Building Regs already?

the_lunatic_is_in_my_head

jatjat said:

Hi again…. So have discussed getting a refund direct to the card. Unfortunately they maintain that is not possible and could we still give bank account details. So we requested an email outlining the refund less the building regs and now they have added more money to the costing stating it is the architect fees. This is the first time this has been mentioned. Should we just hold out now for the schedule 75 ? 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(7) The trader must make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise.

Contact your card provider now  

jatjat

There has been no architectural work done that we know of, and there was no mention of one until we entered into discussion about the refund. As we have not responded with our bank details they have not been in contact since. 😞 no refund

jatjat

We also asked them for the building regs number but they said they had already cancelled the application 

jatjat

Just want to pick up on this thread and would appreciate any input. We went with the section 75 and have been back and forth with emails because the retailer challenged it twice. The credit card company did reimburse us with the money but just last week a phone call to tell us they were taking £500 back. No email with details about why. We are now wondering why we should have to pay this amount. We had a previous email that told us the retailers reasons were not valid but they had another 30 days to dispute it. Now they have charged us . All help gratefully received