Online Currency Order

lfc1972

Hi

I purchased £1300 worth of foreign currency for a holiday I went on on the 8th January. It was meant to be belivered on the 22nd December but never arrived so around the 5th January I purchased the currency else where whilst Royal Mail tried to trace it.

We went on holiday on the 8th and came back on the 23rd, opened the door and there was a missed delivary card for the 8th of Jan.

The money was returned to the company we purchased it for but they refused to refund the full amount and refunded the money back onto our card at the by back rate you would get if you were selling currency, some £75 less than we paid for it.

I tried to clam through royal mail the £75 loss but they declined it and only sent a cheque for the gauranteed next day delivary postage.

So basically I've lost £75 because I never received the currency, the company would only refund at a buy back rate and Royal Mail wont refund any difference.

Thanks for any help

the_lunatic_is_in_my_head

Hello OP

Where the goods are not delivered within the agreed time you may stipulate another time for delivery and if that fails you may treat the contract at an end.

An exemption to this is where 

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

And instead you may treat the contract at an end without stipulating another timeframe. 

When the contract is treated at an end the trader must refund in full. 

If you told then you needed it by x date then they should refund in full. If not then I'm sure there would be opinions on this but ultimately that of court would decide. 

The CRA describes goods as 

“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

which I assume covers cash but I'm not 100%. 

Assuming cash is covered by the CRA you could send an email citing Section 28:

https://www.legislation.gov.uk/ukpga/2015/15/section/28

to see if that gives them a nudge, if not you would be looking at a letter before action and then small claims.

@born_again might give opinions on a chargeback in such a situation if you paid by debit card. If you paid by credit card then generally there is the same liability for the card provider, I assume the value would be classed as £1300 (as min value needs to be £100 for S75) but another question for born_again really. 

Apart from the chargeback, all the above assumes this is a UK company bound by the CRA. 

born_again

S75 does not cover cash transactions, which this will be classed as.

Chargeback, would need to speak to bank, as it's one of the funny ones & not very strong. As is looking at the exchange rate.

Are the co FCA regulated? As a complaint would be in order & simply refunding the £75 would be one way that they deal with it. 
But it really is RM at fault here.

lfc1972

Thanks, I started a chargeback process when they said they would not refund the full amount but that is still ongoing with the bank and the company have already refunded me back the amount they did for a buyback payment so I guess Im going to have to cancel the chargeback

ArbitraryRandom

lfc1972 said:

Thanks, I started a chargeback process when they said they would not refund the full amount but that is still ongoing with the bank and the company have already refunded me back the amount they did for a buyback payment so I guess Im going to have to cancel the chargeback

I'd leave the chargeback to run - no as born has said, it's not obvious what the result will be so they might pay you the difference. Just let them know that you've been given a partial refund and dispute it should be the full amount. 

I agree the RM are at fault, but you didn't have a contract with the RM so if it were any other purchase you would claim from the broker and they would claim from their chosen carrier... 

born_again

lfc1972 said:

Thanks, I started a chargeback process when they said they would not refund the full amount but that is still ongoing with the bank and the company have already refunded me back the amount they did for a buyback payment so I guess Im going to have to cancel the chargeback

You can't cancel once started. So leave well alone. 
What basis was the chargeback?

Who is the currency co?
Was it done via bank? As many banks offer the service, but it is outsourced to a 3rd party to supply.

TELLIT01

As an attempt was made to deliver the cash on the 8th, the same day you travelled, are you absolutely certain you didn't put the 8th as the delivery date.  It seems a bit of a coincidence otherwise.

lfc1972

TELLIT01 said:

As an attempt was made to deliver the cash on the 8th, the same day you travelled, are you absolutely certain you didn't put the 8th as the delivery date.  It seems a bit of a coincidence otherwise.

No the delivary date was meant to be the 22nd. I contacted Royal mail on various occasions and they couldnt locate it. Got the tracking number 

lfc1972

born_again said:

lfc1972 said:

Thanks, I started a chargeback process when they said they would not refund the full amount but that is still ongoing with the bank and the company have already refunded me back the amount they did for a buyback payment so I guess Im going to have to cancel the chargeback

You can't cancel once started. So leave well alone. 
What basis was the chargeback?

Who is the currency co?
Was it done via bank? As many banks offer the service, but it is outsourced to a 3rd party to supply.

Hi it's was a company called Travel FX. The charge back was so e I. The basis of not receiving the order 

pushpull

lfc1972 said:

born_again said:

lfc1972 said:

Thanks, I started a chargeback process when they said they would not refund the full amount but that is still ongoing with the bank and the company have already refunded me back the amount they did for a buyback payment so I guess Im going to have to cancel the chargeback

You can't cancel once started. So leave well alone. 
What basis was the chargeback?

Who is the currency co?
Was it done via bank? As many banks offer the service, but it is outsourced to a 3rd party to supply.

Hi it's was a company called Travel FX. The charge back was so e I. The basis of not receiving the order 

If they can show proof of delivery then the chargeback will fail.

I suspect they will have POD, unless they're mad enough to send £1300 in cash via an untracked method.

ArbitraryRandom

pushpull said:

lfc1972 said:

born_again said:

lfc1972 said:

Thanks, I started a chargeback process when they said they would not refund the full amount but that is still ongoing with the bank and the company have already refunded me back the amount they did for a buyback payment so I guess Im going to have to cancel the chargeback

You can't cancel once started. So leave well alone. 
What basis was the chargeback?

Who is the currency co?
Was it done via bank? As many banks offer the service, but it is outsourced to a 3rd party to supply.

Hi it's was a company called Travel FX. The charge back was so e I. The basis of not receiving the order 

If they can show proof of delivery then the chargeback will fail.

I suspect they will have POD, unless they're mad enough to send £1300 in cash via an untracked method.

That would depend on if the actual delivery date was specified by the OP/'guaranteed' as part of the service or an estimate.

As per the CRA (6)(c), the delivery date itself can be a contractual matter leading to the contract being cancelled and the OP being entitled to a refund of monies paid: