what an idiot! (1 Viewer)

[cruiser]

go for it . tell him you will name and shame if he will not help you.

 

[DBK]

If the order was placed by telephone (classed as distance selling) you have 7 days to cancel but the notice of cancellation must be made in writing or some other "durable form". If there was any face to face contact during the transaction then unfortunately you don't have this time.

Google "CAB Can I cancel it" for some background.

 

[Scout]

how much money are we talking about, what about asking him if the deposit can be used against some other work that would be done in a fixed time period, maybe a hab check or service.

whilst I dont belive you should just accept being riped off, sometimes its just not worth the hasel of getting wound up, for me it would depend on the amount of money/divided by time effort and upset of getting it back

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[WAG2CRU]

If you made the order over the internet or on the telephone, it is covered by the distance selling regulations. Write to the chap giving him 7 days to return your deposit. If he fails to respond, talk to trading standards. If you are not confident with writing a formal letter, cab will assist you. Or, if you have legal cover on your house insurance, many companies have proforma letters available on line for just such an occasion.

 

[Sidney]

Credit cards offer protection over a certain value - £100 I think. Debit cards offer no protection AT ALL. Distance selling regulations cover email, telephone or on-line transactions and give you 7 days (which may not be enough to protect this purchase)

If you paid via a credit card contact the issuing bank. Tell them the debit was not agreed. The merchant will receive a chargeback and have to justify why your card was charged. If there is nothing in writing to say you agreed to the debit you'll get your money back.

It's not really what these pieces of legislation and consumer protect were intended for but would the trader have given you money if he had to reschedule your installation to suit his work load? As a trader I think this is a little unfair but others will disagree.

 

[Sue]

how much money are we talking about, what about asking him if the deposit can be used against some other work that would be done in a fixed time period, maybe a hab check or service.

whilst I dont belive you should just accept being riped off, sometimes its just not worth the hasel of getting wound up, for me it would depend on the amount of money/divided by time effort and upset of getting it back

£60

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[Sue]

If you made the order over the internet or on the telephone, it is covered by the distance selling regulations. Write to the chap giving him 7 days to return your deposit. If he fails to respond, talk to trading standards. If you are not confident with writing a formal letter, cab will assist you. Or, if you have legal cover on your house insurance, many companies have proforma letters available on line for just such an occasion.

cancelled in 6 days by e mail

 

[DBK]

cancelled in 6 days by e mail

I'm not sure if that is a "durable form", but if he replied by email then you know he got it, so I think it should be fine.

 

[WAG2CRU]

cancelled in 6 days by e mail

In which case; write to him confirming your e mail quoting the relevant dates, inform him that you are now formally requesting return of your deposit in accordance with the distance selling regulations, You should give him seven days from the date of your letter to provide a refund in full. Advise him that if you do not hear from him by the date requested, you will have no alternative but to take the necessary steps to secure your position without further recourse.

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[Sue]

In which case; write to him confirming your e mail quoting the relevant dates, inform him that you are now formally requesting return of your deposit in accordance with the distance selling regulations, You should give him seven days from the date of your letter to provide a refund in full. Advise him that if you do not hear from him by the date requested, you will have no alternative but to take the necessary steps to secure your position without further recourse.

thank you, will do that

 

[Sue]

On a different note....
this is a guy (see below) who gives EXCELLENT service....he puts the customer first ( unlike the other!)

good guy;
Tony ...Northern car audio . nice to acknowledge good service, i dont want to be complaining all the time, and Tony is good.

bad guy:
not named and shamed yet, i will write a formal letter to him and get back to you all.

 

[DBK]

By all means ask for your money back in 7 days but under the distance selling regs he has 30 days. No harm in asking for something shorter though!

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[Sue]

By all means ask for your money back in 7 days but under the distance selling regs he has 30 days. No harm in asking for something shorter though!

sorry i don't understand. what do you mean he has 30 days? for what?

 

[DBK]

sorry i don't understand. what do you mean he has 30 days? for what?

You have 7 days, starting the day after you placed the order, to ask for your money back and he has 30 days to return it. Have a read of the CAB document I linked to earlier.

 

[etap]

I might be thick but, you ordered and paid a deposit for an alarm to be fitted and fixed a date for the fixing, then you cancelled the date wanting to change this date for another later on, the dealer said no either have it fixed the day you booked or loose your deposit, if this is the correct series of events then the dealer maybe pulling a fast one, if this is the case then I would certainly go to the Cit. Adv. and take whatever action they decide.
It takes some believing that a business would not alter the date as arranged and put themselves at risk of whatever the future brings for them.
Etap

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[Sue]

I might be thick but, you ordered and paid a deposit for an alarm to be fitted and fixed a date for the fixing, then you cancelled the date wanting to change this date for another later on, the dealer said no either have it fixed the day you booked or loose your deposit, if this is the correct series of events then the dealer maybe pulling a fast one, if this is the case then I would certainly go to the Cit. Adv. and take whatever action they decide.
It takes some believing that a business would not alter the date as arranged and put themselves at risk of whatever the future brings for them.
Etap

What happened was I fixed a date, but then cancelled the service giving a months notice that i no longer wanted to proceed. I cancelled within6 days of making the appointment for the service, so gave him lots of time to,rearrange the service, also he told me he was very busy which is why i had to pay the deposit - as he couldn't guarantee that any date would be available without booking as his diary was filling so fast. So by cancelling i have not cost him anything and , according to his own predictions he will have no problem filling the appointment slot.

 

[Judge Mental]

In that case sounds like you have grounds from what others have said. Call CAB or citizens direct first. Download the standard letter and send him that with your details. It has always got me the result I wanted... Yes every time....

Anyway he sounds like a complete arsehole, I would name and shame once I found out where I stand legally: (

 

[EssexBoy]

Anyway he sounds like a complete arsehole

Seems a bit strong...

Is it unreasonable for a busy local tradesman to ask for a deposit to discourage time wasters and then keep it when his time is wasted, by someone who thinks they have got a better deal elsewhere? And then to be dragged through the small claims court too? And all for £60? Especially when it could cost the OP £35 to get the £60 back

My gut feeling is that this may be legally correct, but is it morally?

Personally, if it was my change of mind causing the issue, then I'd suck it up and put the deposit loss down to experience, and make sure I was certain of what I wanted next time...

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[jumar]

Send the BIG LADs Round. Sorry I'm out of the country presently.

 

[Stroppy Bird]

The Distance Selling Regulations were replaced by The Consumer Contracts Regulations.

A lot of it is the same but some things changed - one being the 7 days to cancel changed to 14 days.


http://www.legislation.gov.uk/uksi/2013/3134/contents/made

Part 3 is the relevant part here

 

[Judge Mental]

What I don't get is why you are getting radio fitted elsewhere when you could have saved your deposit that way....providing he is a reasonable bloke which looks pretty unlikely.

To those with a hard and fast attitude to this. the circumstances not common are they, the OP simply made a mistake, as did not realise that dealer was fitting for free. She has not found a cheaper deal elsewhere and renaged on a deal.

Anyway if canceled in under the week sounds like in the clear legally going by what others have said?

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[EssexBoy]

Next thing dealer tells me they will fit the alarm

he isn't fitting for free, but giving a good deal and great service.

She has not found a cheaper deal elsewhere and renaged on a deal.

Sounds like it to me... It's the "will fit" rather than "are fitting" that suggested the OP is taking up a better offer...

Perhaps the OP can clarify...

 

[iandsm]

The point surely is whether the OP went to the premises and did the deal face to face or not. Distance selling regs will only apply if there was no face to face contact with the company and the OP has not said how he did the deal, unless I missed the answer.

 

[Judge Mental]

Sounds like it to me... It's the "will fit" rather than "are fitting" that suggested the OP is taking up a better offer...

Perhaps the OP can clarify...

Hmm......In that case a completely different scenario! If this true just a time waster.

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[eddie]

I would question why some one needs a deposit. I fit more alarms on to motorhomes than anyone else in the Country and we don't ask for deposits.

 

[PeteH]

I would question why some one needs a deposit. I fit more alarms on to motorhomes than anyone else in the Country and we don't ask for deposits.

I can Vouch for that. And I got a "free Overnight stay" (with electric!)

(is that OK? Eddie and when can I expect the cheque?)

Pete

 

[Sue]

Sounds like it to me... It's the "will fit" rather than "are fitting" that suggested the OP is taking up a better offer...

Perhaps the OP can clarify...

not taking up a better offer, just being offered great service .

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[Tootles]

Personally, if it was my change of mind causing the issue, then I'd suck it up and put the deposit loss down to experience, and make sure I was certain of what I wanted next time...

Bu**er the deposit, be it £6 0r £600, its the point that counts?? Who knows, if the guy walks this time, (and we don't yet know who he is), will it be another *FUNSTER* he jiffs next time?? Never forget, not every person is as sharp as a needle. Customers rely on the good offices and correct attitude of the businessman/woman. Buying an alarm isn't like going into a shop for a packet of Embassy, or whatever. It can be quite complicated, with add on's, type and make of alarm etc. I think that maybe Sue got a bit confused, and like all people in such a position, unwary.

 

[Sue]

Hmm......In that case a completely different scenario! If this true just a time waster.

i am NOT a time waster. I was honest with the guy and let him know as soon as possible that the dealer would do it on the spot, which meant i wouldn't need to make a 50 mile journey. I have struggled to get to grips with all,the offers and alarms and unfortunately was panicked into,booking the appointment to have the alarm fitted cos the guy said he was getting booked up fast and i wanted it done as soon as i got the motorhome. I admit i made a mistake and didn't make enough enquiries, but I was not trying to 'do' the guy.
a couple of phone calls is hardly time wasting.

 

[Sue]

Bu**er the deposit, be it £6 0r £600, its the point that counts?? Who knows, if the guy walks this time, (and we don't yet know who he is), will it be another *FUNSTER* he jiffs next time?? Never forget, not every person is as sharp as a needle. Customers rely on the good offices and correct attitude of the businessman/woman. Buying an alarm isn't like going into a shop for a packet of Embassy, or whatever. It can be quite complicated, with add on's, type and make of alarm etc. I think that maybe Sue got a bit confused, and like all people in such a position, unwary.

thank you....that is exactly how it was, and i appreciate your words. It is upsetting , and I do feel like a complete idiot for parting with my money so,easily and not really thinking it through

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