Legal advice, sale ...
 

[Closed] Legal advice, sale of goods act - deposit

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Hi,
Hypothetically, if I have paid a deposit for an item (which will be made to order), a completion date has been agreed and then the completion date comes and goes with no sign of the item being provided, where do I stand with regard to cancelling the order and requesting a refund?

All the sales of goods act stuff I've googled says if the consumer cancels, then the deposit is non-refundable, however, if the seller has broken the contract by not supplying by the agreed date, then surely the seller is the one who has broken the contract and thus libale to return the deposit?

I just cant find any real info on this online....so any help is appreicated.


 
Posted : 25/10/2012 6:45 pm
 Pook
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is it wheels? I know someone who's selling some for £150.


 
Posted : 25/10/2012 6:48 pm
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homebrew chainring?


 
Posted : 25/10/2012 6:48 pm
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nope, its not wheels or chainrings....


 
Posted : 25/10/2012 6:50 pm
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Can the Citizens Advice Bureau be of any help?


 
Posted : 25/10/2012 8:58 pm
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Talk to the retailer. Tell them that you'll be returning the item, once delivered, under SOGA. They may see sense and halt the whole process.


 
Posted : 25/10/2012 9:11 pm
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Unfortunately, the vendor has stopped all communications with me.
I asked for either a firm guarantee that it would be delivered by a certain date, or a refund.
That was about 3 weeks ago, since then I've had no reply to emails or phone calls.

As much as I dont want to, i think its time to get legal, but I wasnt 100% sure where i stood.

I guess CAB is probably my next port of call.

thanks


 
Posted : 25/10/2012 9:23 pm
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druid how can he return under SOGA? Do you mean DSR?

Did you make an issue at the time of ordering about the date of delivery? You'd be on strong grounds if so.

Otherwise I think you are doing the right thing by making an issue of it now...did you pay by credit card?

I'm surprised the answer isn't easyish to find via google.


 
Posted : 25/10/2012 9:39 pm
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Dunno about making an issue, I made a point of saying when I wanted it, which was agreed. (its a long lead item....I ordered 3 years ago, with an agreed completion date of "spring 2012"

Paid by cheque. And yeah, I'm quite surprised I cant find anything, all the info about deposits basically states that deposits are essentially an agreement to trade and non-refundable (unless otherwise stated) if I were to change my mind for whatever reason. No mention of what happens if the vendor fails to meet their side of the contract.


 
Posted : 25/10/2012 9:48 pm
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[quote=cynic-al ]druid how can he return under SOGA? Do you mean DSR?
Durr!!!!


 
Posted : 25/10/2012 9:50 pm
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3 years????


 
Posted : 25/10/2012 9:50 pm
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Actually deposit was probably paid about 2 years ago. Like I said, long lead item!


 
Posted : 25/10/2012 9:53 pm
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3 year wait?
Was it a training and diet plan?


 
Posted : 25/10/2012 9:58 pm
 csb
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Is it a baby elephant?


 
Posted : 25/10/2012 10:12 pm
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Druid what are you on about?


 
Posted : 25/10/2012 10:12 pm
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Eh? I was highlighting my previous, nonsensical reply.


 
Posted : 25/10/2012 10:13 pm
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Is it an aircraft carrier?


 
Posted : 25/10/2012 10:13 pm