Vendor refusing to return money after BACS transfer to them

philipjohnwright

I tried in April to purchase some fence panels which i paid for by BACS transfer. when the company constantly was unable to deliver eventually on the first of June i asked them to cancel my order and return the money i had sent. They accepted the cancellation and stated my money would be returned in seven days. My money has since never been returned. Where do i stand legally, what can i do?   

la531983

Send them a Letter Before Action, giving them 30 days to return the money, or state you will be taking the to the small claims court and adding the filing fee onto the claim.
You can likely find a letter template online somewhere.

And, as a life lesson, dont pay for things like this using bank transfer in future.

katejo

la531983 said:

Send them a Letter Before Action, giving them 30 days to return the money, or state you will be taking the to the small claims court and adding the filing fee onto the claim.
You can likely find a letter template online somewhere.

And, as a life lesson, dont pay for things like this using bank transfer in future.

That's all very well but I am finding so many tradespeople now who won't accept CC payment. I put a question on this on a Which FB page and quite a few people said I was being unreasonable because it was unfair to expect small to medium size firms to pay CC fees. I was taking about new windows at the time. 

la531983

katejo said:

la531983 said:

Send them a Letter Before Action, giving them 30 days to return the money, or state you will be taking the to the small claims court and adding the filing fee onto the claim.
You can likely find a letter template online somewhere.

And, as a life lesson, dont pay for things like this using bank transfer in future.

That's all very well but I am finding so many tradespeople now who won't accept CC payment. I put a question on this on a Which FB page and quite a few people said I was being unreasonable because it was unfair to expect small to medium size firms to pay CC fees. I was taking about new windows at the time. 

In which case you do your due diligence and get some recent reviews, and/or say you will pay on completion of the job. I appreciate with the latter some companies wont ever work on those terms though.

born_again

They can take debit card with lower fee's. You have the same protection.

la531983

born_again said:

They can take debit card with lower fee's. You have the same protection.

Some wont be set up to take ANY type of card at all.

eskbanker

born_again said:

They can take debit card with lower fee's. You have the same protection.

It's not the same protection as such - as you obviously know, both card types are eligible for chargeback but only credit cards qualify for section 75 protection.  Both have their pros and cons, and it may well be that in this particular case chargeback is more applicable, if that's what you meant....

PHK

katejo said:

la531983 said:

Send them a Letter Before Action, giving them 30 days to return the money, or state you will be taking the to the small claims court and adding the filing fee onto the claim.
You can likely find a letter template online somewhere.

And, as a life lesson, dont pay for things like this using bank transfer in future.

That's all very well but I am finding so many tradespeople now who won't accept CC payment. I put a question on this on a Which FB page and quite a few people said I was being unreasonable because it was unfair to expect small to medium size firms to pay CC fees. I was taking about new windows at the time. 

Most business accounts charge for cash deposits and transfers in.

They simply need to include the cost of card transactions in their pricing, like 1000s of other traders and businesses do.

Bradden

PHK said:

katejo said:

la531983 said:

Send them a Letter Before Action, giving them 30 days to return the money, or state you will be taking the to the small claims court and adding the filing fee onto the claim.
You can likely find a letter template online somewhere.

And, as a life lesson, dont pay for things like this using bank transfer in future.

That's all very well but I am finding so many tradespeople now who won't accept CC payment. I put a question on this on a Which FB page and quite a few people said I was being unreasonable because it was unfair to expect small to medium size firms to pay CC fees. I was taking about new windows at the time. 

Most business accounts charge for cash deposits and transfers in.

They simply need to include the cost of card transactions in their pricing, like 1000s of other traders and businesses do.

They do not NEED to... it may suit the consumer to have the greater protection afforded by CC payments.. perhaps the business would prefer to avoid S75 claims etc.

eskbanker

Bradden said:

PHK said:

Most business accounts charge for cash deposits and transfers in.

They simply need to include the cost of card transactions in their pricing, like 1000s of other traders and businesses do.

They do not NEED to... it may suit the consumer to have the greater protection afforded by CC payments.. perhaps the business would prefer to avoid S75 claims etc.

The point was presumably that they need to absorb card charges if they wish to take payments by card!

As you say, businesses can (and do) elect not to accept card payments, but wouldn't have thought that s75 would be a factor - card companies pay such claims out of their own pockets rather than recovering from merchants, so it's actually in the merchant's interest to have another jointly liable party on the hook!