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    • kswilson89
    • By kswilson89 29th Oct 19, 11:27 PM
    • 10Posts
    • 0Thanks
    Deposit refund, where do I stand?
    • #1
    • 29th Oct 19, 11:27 PM
    Deposit refund, where do I stand? 29th Oct 19 at 11:27 PM

    First time poster here. I'd like to please ask for some help regarding a custom ordered guitar body that I bought from on online builder/seller. I found the builder on a guitar forum and he had many positive reviews so I decided to order a body from him to put my own guitar together from parts. I enquired through his website and got a reply to my email, where we conversed back and forth about the specification of the body. We came to the conclusion that the body would cost a total of 385 and I would pay a deposit of 150. I paid the deposit via PayPal family and friends (should have paid through goods and services!) on 15th March and he stated that the body would take "I'd say 12-14 weeks".

    Right, so 14 weeks passes by and I'd not received an update on the progress of the build. I thought "okay, maybe he's pretty busy, and so am I so I'll leave it a bit longer, no rush". 24 weeks passes (beginning of September), so 10 weeks after the upper end of the estimate, and my patience has worn thin. I contacted the builder and requested my deposit back as he hadn't adhered to the 12-14 week estimate. At this point he apologises for the delay and states that his company has been expanding which "has been difficult but worth it"... Well not worth it for me. He stated that I was not entitled to a refund as it was a custom order and the timescale was an estimate. He then said that the body will be finished the following week and he will try and sell it on and "send you some money back". I then replied asking him to reconsider the refund situation as if I had known that the build would take 25 weeks I wouldn't have gone through with the order. I also stated that I'd bought custom made bodies from other builders that took 6 weeks. This email went ignored.

    So, 4 weeks later at the start of October I sent a simple email asking for an update on the situation to which I received no reply. I then sent another email this evening, another 4 weeks later, expressing my frustration at the situation. I received a reply stating that he had sold the body for 200 and I was not entitled to a penny in refund but that he will give me back 50 as a good will gesture. He also stated that I'd caught him at a bad time as his mother and grandmother were currently in intensive care and requested that I do not reply to the email as he can't deal with it mentally.

    From my point of view, I genuinely feel sorry for him if he's going through something as difficult as having loved ones in intensive care. However I find it quite appalling that this topic has been brought into a disagreement relating to his business. It also seems to me that the 50 would never have been paid back to me had I not proactively enquired about it. From a legal standpoint, does anyone know where I stand in regaining the other 100 of the deposit?
    Last edited by kswilson89; 30-10-2019 at 12:03 AM.
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    • wesleyad
    • By wesleyad 31st Oct 19, 9:50 AM
    • 598 Posts
    • 591 Thanks
    Okay, I've already searched for some LBA templates so I've got a good idea of what to put in the letter. Also, could I not just send it via recorded/special delivery to ensure confirmation of delivery?
    Originally posted by kswilson89
    Generally the advice is not to send it via any sort of "signed for" service as he can then refuse to take it (although I'd have thought this very rarely happens unless they know its coming). I think recorded would be ok as that's just posted through the box I think?
    • DoaM
    • By DoaM 31st Oct 19, 12:49 PM
    • 8,243 Posts
    • 8,077 Thanks
    AFAIK there is no such service as "recorded". There's "signed for" and "special delivery", but 1st class from a PO and getting a certificate of posting is perfectly good enough - no need for any additional expense.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • LadyDee
    • By LadyDee 1st Nov 19, 10:51 AM
    • 3,927 Posts
    • 4,246 Thanks
    OP - why don't you just do it?

    One letter could mean you'll get your money back - and for the price of a stamp. If he still doesn't cough up then come back and get further advice/info if you need it.
    • wesleyad
    • By wesleyad 1st Nov 19, 1:26 PM
    • 598 Posts
    • 591 Thanks
    AFAIK there is no such service as "recorded". There's "signed for" and "special delivery", but 1st class from a PO and getting a certificate of posting is perfectly good enough - no need for any additional expense.
    Originally posted by DoaM
    I thought this as well but I got a delivery the other day that needed no signature, but was tracked. I don't know if it's a new service. See here there's are two services one is with signature, one without (although I do agree with just posting normal):
    • kswilson89
    • By kswilson89 5th Nov 19, 8:44 PM
    • 10 Posts
    • 0 Thanks
    Update: He's paid up as soon as he's received the LBA. Thanks for the help everyone, I really appreciate it!!
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