I purchased by Credit card a free standing lamp, order date 26th January 2009, from a small retail outlet in Wimborne. On 2nd March I returned to the shop and asked for my money back as I had not yet received the said item. Between ordering the lamp and demanding a refund for something I had not received, I was assured by the retailer on four separate occasions that the item had been dispatched. Are they in the right to refuse to give me my money back?
Consumer Rights on Refund
- Thread starter Lynmiranda
- Start date
Time if of the Essence
Hi Lynmiranda,
They are unless you agreed a timeframe to receive the lamp. However, it is fair to say than an unreasonable amount of time has elapsed, so you need to make "time of the essence" and demand the lamp or a refund within seven days. If the lamp is more than £100 you can send the same letter to the credit card company as they are equally liable under section 75 of the consumer credit act.
This will be of use: Is it a legally binding contract? | Consumer Information
Hope this helps and let us know how you get on.
Tony
Hi Lynmiranda,
They are unless you agreed a timeframe to receive the lamp. However, it is fair to say than an unreasonable amount of time has elapsed, so you need to make "time of the essence" and demand the lamp or a refund within seven days. If the lamp is more than £100 you can send the same letter to the credit card company as they are equally liable under section 75 of the consumer credit act.
This will be of use: Is it a legally binding contract? | Consumer Information
Hope this helps and let us know how you get on.
Tony