Declined Section 75

Smoose89

Hi.
So i payed a deposit to have 9 windows fitted custom colour in January. After paying a deposit i was told in the shop i would receive an appointment week after to measure the windows again and go over final adjustments, io have an invoice which reflects this. I then contacted the receptionist about 6 times to find out a date, which she kept on saying he will contact you, after being tired of waiting, on the 14th date from purchase (friday morning ) i asked on email for an update which i received nothing so on the monday i sent an email in then morning after for it to be cancelled, to which he then phoned me and said we can do a date. I said i want to cancel which he said ok leave it with me, 2 days waiting no response again, so i phoned them up which he then said its cancelled but your not getting a refund cause i left a bad review. He ended up threatening me at the end of the call.
He said he had already created a profile and been in touch with the sprayer and paid for it, this i disbelieve cause he was meant to come measure again which the invoice clearly says. 
I have asked for proof of this and he hasnt provided it also raised a complaint which he hasnt acknowledged.
I have raised a charge back and section 75 and this has been declined due to cancelling out of the 14 days cooling off period.
The company also refused to give me my terms and conditions which he said was online, when i went to view it online the link doesnt work. i have screen shot this and also the bank tried it and it didnt work for them. I have asked for the bank to provide a written letter to confirm it didnt work for there advisor.

Any advice what i should do next, i am willing to do small claims court.

Thank you

Daniel

eskbanker

Smoose89 said:

After paying a deposit i was told in the shop i would receive an appointment week after to measure the windows again and go over final adjustments

Just to be clear, you placed the order while at the trader's premises, as opposed to buying online?

Smoose89 said:

The company also refused to give me my terms and conditions

What's your understanding of your right to cancel?

Smoose89 said:

I have raised a charge back and section 75 and this has been declined due to cancelling out of the 14 days cooling off period.

You may have been premature starting claims without establishing Ts & Cs, but was it section 75 or chargeback?  They're two different processes - were they both declined or was only one actually followed?

Aylesbury_Duck

Smoose89 said:

Hi.
So i payed a deposit to have 9 windows fitted custom colour in January. After paying a deposit i was told in the shop i would receive an appointment week after to measure the windows again and go over final adjustments, io have an invoice which reflects this. I then contacted the receptionist about 6 times to find out a date, which she kept on saying he will contact you, after being tired of waiting, on the 14th date from purchase (friday morning ) i asked on email for an update which i received nothing so on the monday i sent an email in then morning after for it to be cancelled, to which he then phoned me and said we can do a date. I said i want to cancel which he said ok leave it with me, 2 days waiting no response again, so i phoned them up which he then said its cancelled but your not getting a refund cause i left a bad review. He ended up threatening me at the end of the call.
He said he had already created a profile and been in touch with the sprayer and paid for it, this i disbelieve cause he was meant to come measure again which the invoice clearly says. 
I have asked for proof of this and he hasnt provided it also raised a complaint which he hasnt acknowledged.
I have raised a charge back and section 75 and this has been declined due to cancelling out of the 14 days cooling off period.
The company also refused to give me my terms and conditions which he said was online, when i went to view it online the link doesnt work. i have screen shot this and also the bank tried it and it didnt work for them. I have asked for the bank to provide a written letter to confirm it didnt work for there advisor.

Any advice what i should do next, i am willing to do small claims court.

Thank you

Daniel

1. If you were threatened, have you not reported that to the police?
2. Why didn't you just delete your bad review and ask for the deposit?  You were premature to leave a bad review, particularly when they had your deposit.
3. Have you raised a chargeback, or a S75?  Both?
4. If you're willing to go to court, then send them a letter before action telling them that you'll take them to court for your deposit if they don't return it within 14 days.

born_again

Chargeback would be rejected as you cancelled the order.

S75 would go same way as well, If you have no T/C then you can't prove breech of contract?

Smoose89

I payed the deposit in the showroom.

I did report it to the police but they didnt log it. 

I left a bad review because i wasnt getting anywhere.

I have raised a charge back and and s75 and was declined due to cancelling on 16th day, which they gave me an option to but didnt say they would refund.

Smoose89

I did say i would remove the review once he paid but he declined. 

I have now contacted citizens advice and been told to raise a complaint back with the bank to get a final response for the failed s75 and then i can contact the CA again. 

Smoose89

born_again said:

Chargeback would be rejected as you cancelled the order.

S75 would go same way as well, If you have no T/C then you can't prove breech of contract?

What about if i have evidence of the t&cs not loading reckon that would be good evidence? 
I feel they havent lost anything there just not refunding out of spite. Surely if they had paid something they would of provided it. 
I have an invoice stating the next step of some one to attend but obviously they didnt do that in the first 14 days after me constant phoning them. 

Aylesbury_Duck

Smoose89 said:

I payed the deposit in the showroom.

I did report it to the police but they didnt log it. 

I left a bad review because i wasnt getting anywhere.

I have raised a charge back and and s75 and was declined due to cancelling on 16th day, which they gave me an option to but didnt say they would refund.

Taking those points in turn:

1.  Do you have an automatic right to cancel, given this was an in-person purchase?  You don't have the 14 day cooling-off period you'd have had with a remote purchase, so it's down to their terms and conditions.  

2.  Why didn't you insist they did?

3. Fair enough, but it appears to have backfired.

4. see born_again's comments.

So that appears to leave you with court action to try and reclaim some or all of your deposit.

Smoose89

Aylesbury_Duck said:

Smoose89 said:

I payed the deposit in the showroom.

I did report it to the police but they didnt log it. 

I left a bad review because i wasnt getting anywhere.

I have raised a charge back and and s75 and was declined due to cancelling on 16th day, which they gave me an option to but didnt say they would refund.

Taking those points in turn:

1.  Do you have an automatic right to cancel, given this was an in-person purchase?  You don't have the 14 day cooling-off period you'd have had with a remote purchase, so it's down to their terms and conditions.  

2.  Why didn't you insist they did?

3. Fair enough, but it appears to have backfired.

4. see born_again's comments.

So that appears to leave you with court action to try and reclaim some or all of your deposit.

1 The company wont speak to me now, i raised a complaint end of Jan and heard nothing back. 

2 they didnt see it as a threat as he said he knows where I live, so I will come down with a gang of us ( i see that as a threat but they didnt)

3 Yes obviously could of gone either way. 
as per born again
I havent signed anything so surely its 50/50 .
Surely evidence of it not working though and since then they have removed the terms and conditions link from the website. 
You can view it on waybackmachine the link of it.
This is why im trying to get written confirmation from the bank to confirm that even the advisor couldnt view it which would surely go in my favour?

CA has advised me to raise a complaint with the outcome of the s75 so i can take it further with them.

I take it,  I am best waiting with the court proceedings till I speak with CA again 

Smoose89

Thanks for everyone's input too, its been helpful. 

eskbanker

If you've found the Ts & Cs on the Wayback Machine, what do they say about cancellation policy?  You really need to establish a solid case that you were entitled to a refund if you cancelled, if you wish to recover the money either from the company or your card provider, especially if involving a court, and it doesn't sound like you've done that?