MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
quick outline of situation
I ordered some work work done to our car (before we go on holiday) for 16/10 and paid a 'non refundable deposit' for work to be carried out as they needed to order parts. A few hours after payment of the deposit I was advised that they now couldn't do this as the parts would take 7-10 days to arrive.
We then had a few emails back and forth regarding when we could book this in for and was advised that they would confirm if they could do it before we go on hols and provisionally reserve a slot on the day before we are due to leave. Having heard nothing back from them I arranged for this to be done at a different place and emailed them to advise I was cancelling.
They are now stating that they wont refund the deposit as I'm cancelling.
My point of view is that the only contract that was entered into (by both parties agreeing to it) was the original one of the work being carried out on the 16/10. As they took deposit and then advise that they couldn't do it I am entitled to a refund of the deposit. All other discussions about re-arranging were simply that, at no point did I agree to any of the new proposed dates.
Before I get the saddle on my high horse and phone them up, am I in the right?
"non refundable" - You have my sympathy but I think you'll lose out legally on this basis?
Obviously none of us were privy to the conversations, but
provisionally reserve a slot on the day before we are due to leave
suggests they were expecting to do it on that day. Did you tell them prior to going elsewhere that you didn't want this provisional slot?
its now the 21/10.
you have waited a bit long after they ordered the parts.
had this been the 17/10 and they had just informed you of the 7-10 day wait then you might have been able to get on your horse.
If you specified that time was of the essence when you ordered the work then I'd say you're entitled to your money back; if you didn't, you aren't. IMHO.
OK more info ............
I paid the deposit in the belief that the work would be done on 16/10 - if they do not then carry out the work but refuse to refund the deposit surely this can be taken as an 'unfair contract'?
I would've immediately got on said horse once I was advised they couldn't do the date agreed but they advised me that they thought they could get the part and fit before we go on holiday (the holiday date was a cut off point that was discussed at the point of the original booking).
After being told that they 'thought' they could get it, I advised that I'd like to book in for the afternoon of 24th. They then replied (on 16/10) to state that they would get in touch to confirm that they had the part and that they are 'good to go' but it was not possible on the 24th and they would reserve a slot on the 25th (Saturday, a date I did not ask for or agree to).
I had no further confirmation that they were 'good to go' and so on Monday (20/10, having given them the friday and the weekend to get back to me to confirm) I contacted them to state that I was going elsewhere.
Does this make any difference?
To be honest I've already got my jodhpurs on and am just putting spurs on the riding boots so a call is imminent, just want the internet to tell me to do it 🙂
What part?
How much was the deposit?
It's not that often that a garage can't return unwanted parts. There are some exceptions - usually electrical/electronic parts and 'special order'. But assuming your choice of garage has a good relationship with the supplier they can usually be returned, subject to a re-stocking fee.
I've returned special order parts in the past, because the supplier wants to keep my business - though admittedly they were not expensive items.
Hth
Marko
Part was a towbar kit - deposit was £50
While the amount isn't massive - it's enough that I'm not willing to just let it go as 'one of those things'
Pay the balance for the parts which you will need to get the job done anyhow and get it done somewhere else?
Was this a run of the mill garage? Or a specialist tow bar fitter?
If it was an ordinary garage I can see why they'd be reluctant to refund you. I guess the supplier will take it back, but the return postage would be a killer.
If a specialist, then I'm surprised they've not apologised and refunded you.
I think you might just have to suck it up . . . 🙁
Marko
I paid the deposit in the belief that the work would be done on 16/10
Your belief is irrelevant, what you or they thought afterwards is also irrelevant. What both parties agreed to when you entered into a contract of sale is what's important.
If you told them "I need this doing by $date or not at all" and they went "ok then, we'll do it" then they're in breach of contract and you're entitled to your money back. If the best you've got is your beliefs and then after ordering the work you've effectively changed your mind, you're shit out I expect.
They clearly owe you the money back. They couldn't fulfill the contract and whatever the strict letter of the law, any business that takes this stance is being unethical.
I'd be cantering on down there for sure
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It's a specialist towbar fitter
Contract was to fit on 16/10 - didn't happen through them not knowing how long it would take them to source the part
At no point further on did I agree to doing anything on another date - only told them when I needed it doing by so that first 'contract' is the only one as far as I'm concerned.
From experience (my father in law ended up in court contesting something a few years ago) by cancelling the work (rather than trying to resolve the situation) you have lost the right to a refund.
did you pay the deposit by CC ? or did you paypal gift 😉
HAHA
I AM VICTORIOUS!!
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A victory for common sense!
I'm always surprised by the number of people on this forum that roll over when they have been treated unethically by business.