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What are my rights? Company cancelled my booking and keeping deposit! **UPDATED**

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Old 30-11-2010, 06:59 PM
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bigchez
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Default What are my rights? Company cancelled my booking and keeping deposit! **UPDATED**

Before the rumour mill starts, I would like to point out the company in question are not traders on PF, nor linked to a trader on here as far as I know.

I had my new car booked for a detail/machine polish with a fairly well known local dude (who was recommended to me via PF ) as it has quite a lot of swirls, etc in the paint from going through car washes I think. This was booked 3 or so weeks ago pretty much as soon as I bought the car, and I paid a £45 deposit to the guy on my credit card via google checkout.

Fast forward to Wed of last week and the chap cancelled Saturday's booking - via email rather than giving me a call - citing "personal circumstances out of his control" which in my book means either on the lash Friday night, or saw the forecast and didn't fancy polishing a car in the cold on sat am . One thing that didn't sit well was that he said he could farm the work out to another guy - I went to him because of recommendation, and he knew as I'd said when I initially contacted him.

Anyway I was pleasant and replied to say these things happen and that I don't have a spare weekend between now and Xmas, so I'd like to cancel and get a refund on my deposit.

He replied offering to do the job on Monday 29th and didn't mention the refund of the deposit, but I need car for work and declined due to this. I sent him an email chasing him up re deposit today and it is only now he's come back and said deposits are non-refundable under any circumstances.

To be fair he has offered a 20% discount if I rebook in Jan but I'm not sure I want to given that he's happy to farm out work - and it's hardly illness that's stopped him if he could do it 2 days later .

Had I cancelled on him then no questions asked I'd expect to lose the money, but as he cancelled on me it seems pretty unfair really! Being the cynical bastard I am, I'm wondering if he's booking in numerous cars then cancelling all but one at the last minute and tying people in to having the work done in Jan when I imagine the market for expensive car polishing drops off after Xmas

Although 20% seems like a reasonable discount do I have any rights to force him to give my deposit back? I think given all that's happened I'd rather take it elsewhere, and whilst £45 isn't a fortune it's still a fair bit and is pissing me off!

Any suggestions please?

Last edited by bigchez; 01-12-2010 at 06:40 PM.
Old 30-11-2010, 07:09 PM
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thebronze
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I'd fuckin cripple Him.... but thats just Me
Old 30-11-2010, 07:12 PM
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RichieST
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You say you paid by credit card, so you should be able to laim the money back through your bank. Think it is called a charge back.
Old 30-11-2010, 07:12 PM
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SteveB
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I'd be wanting my £45 back...... Plain and simple he cancelled NOT you!!!!


Steve
Old 30-11-2010, 07:13 PM
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mrjenrst
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Originally Posted by thebronze
I'd fuckin cripple Him.... but thats just Me
No you wouldnt
Old 30-11-2010, 07:14 PM
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bristol_fez
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I think you are more than within your rights to ask for a refund.

At the end of the day you booked his services on that set date as it was best for you, he cancelled that. Although he has tried to resolve the problem by trying to rebook and offer a discount at the end of the day, it was his call.
Old 30-11-2010, 07:16 PM
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Shings
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Money back please.

Thanks
Old 30-11-2010, 07:20 PM
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Isaac.Hunt
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Legally, he owes you the entire amount back - no two ways about it.

As you paid with your credit card, as already mentioned, just phone them and get them to issue a charge back citing the fact you haven't received the service you paid for.
Old 30-11-2010, 07:21 PM
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white2lsr
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Fook me. If thats the case he could make a fortune cancelling bookings and keeping the deposits. He doesnt even need to get out of be to earn a few hundred quid a week!
Old 30-11-2010, 07:28 PM
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You wanted your car detailed and payed a deposit to have the work done on an agreed date and he cancelled last minute.....not your problem and it's no longer convenient for you so money back time, don't see how he can really argue with that!!
I'm an electrician and can't ask customers for deposits before i've even turned up though so a bit cheeky for someone cleaning a car to ask for one in the first place imo!
Old 30-11-2010, 07:32 PM
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JayCC
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Money back, then proceed to name and shame the cunt. I'd be fucking livid if it actually happened as you have said it has.
Old 30-11-2010, 07:43 PM
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bigchez
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Originally Posted by white2lsr
Fook me. If thats the case he could make a fortune cancelling bookings and keeping the deposits. He doesnt even need to get out of be to earn a few hundred quid a week!
That's what I meant he's probably not but I always assume the worst.

Charge back thing is a good idea via credit card, think I'll maybe drop this guy another email being a little more demanding and see where we go.

I thought I was in my rights to ask for dough back - other route is to threaten to name and shame on detailing world
Old 30-11-2010, 07:45 PM
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bigchez
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Originally Posted by JayCC
Money back, then proceed to name and shame the cunt. I'd be fucking livid if it actually happened as you have said it has.
It is exactly as I said - to be fair that it is in my favour that its been done by email as got it in writing
Old 30-11-2010, 08:08 PM
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as he cancelled it due to what ever reasoning ...
if its no longer convenient for you as the customer then why should you have to pay for the person who could not be bothered to do it ..
a refund is deffo in order no matter what he has offered you for january ... you know when everyone is skint getting over xmas bills etc and he will not have possibly much work on......
Old 01-12-2010, 06:45 AM
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Just sent him this email, lets see where we go from here:

"Thanks for your offer of discount, but it is not one I wish to take up.

Had I cancelled on you then I would fully expect to lose my deposit, but for you to cancel on me and try to refuse to return my deposit is not acceptable - surely that is fairly clearly obvious with a little common sense? If I were a cynical person I might wonder if you are booking in numerous cars, cancelling at the last minute and trying to get people to rebook for after Xmas when I would imagine the market is very slow............

You have not supplied me with the service that I paid a deposit for, and given that you offered to farm out work when I came to you due to reputation (and made this very clear on my initial contact via your website) is poor. I want my £45 deposit returned please, and we have 2 options - either you can do the honourable thing, accept that you cancelled the job due to mystery "personal circumstances outside your control" and refund me, or I can get my credit card company to issue a charge back to claim back the money. As you didn't call me to cancel but did it by email I have all the proof in writing for the credit card company, which should also make interesting reading for potential customers on websites and forums like detailing world, etc to let them know of the customer experience that may well await.

Please let me know how you wish to proced."

Bollocks just noticed typo in proceed

Last edited by bigchez; 01-12-2010 at 06:46 AM.
Old 01-12-2010, 07:16 AM
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MarkyMark
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its probably a good thing he didnt call you and emailed you, as least now you have proof he cancelled on you, if it was a phone call it would be your word against his.
Old 01-12-2010, 07:21 AM
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Mr S1
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Originally Posted by SteveB
I'd be wanting my £45 back...... Plain and simple he cancelled NOT you!!!!


Steve
Yep, same here.
Old 01-12-2010, 07:32 AM
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If he gives you the refund will you still name and shame?
Old 01-12-2010, 09:21 AM
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stevieturbo
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Why not, he's probably pulled the same stunt on others
Old 01-12-2010, 06:39 PM
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bigchez
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Result dude has backed down and will do refund!

Originally Posted by ripoff dude
Hi Richard,

Thanks for your email.


On this occasion I will make an exception and process a full refund for 45.00 GBP via Google Checkout. Refunds can take up to 14 days to process through Google Checkout and show in your bank account depending on your bank/credit card.


You should receive notification regarding the refund from Google Checkout, if not then please contact us ASAP. Also contact us if your refund does not show after 14 days.


Once again I can only apologise for any inconvenience caused, and the discount regarding future bookings is still available if you wish to re-book in the future.


I look forward to hearing form you soon.


Thing is I now feel like a wanker for having to threaten to escalate things
Old 01-12-2010, 06:44 PM
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stevieturbo
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you are feeling guilty for someone who writes a polite email...clearly stating "On this occasion I will make an exception"

Dont think I'd feel guilty, I'd still want to slap the cunt.
Old 01-12-2010, 06:47 PM
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If thats what it took to get your money back, then don't worry about it.
but its big of him to 'make an exception' ain't it.

Mind you, I've had a detailer cancel twice on me in the last 2 months,
so I know what its like.
Old 02-12-2010, 07:56 AM
  #23  
StephenC
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Screams 'avoid in future' to me. 'on this occasion'!!! what a clown, so the next time he cancels and takes a deposit he might not be so generous! Seems like a great business model, "yeah, we take deposits then just cancel the job, we'll be rich in no time".
Name and shame would certainly re-align his priorities!!
Old 02-12-2010, 08:27 AM
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thebronze
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Originally Posted by mrjenrst
No you wouldnt

Oh yes i would.... 6'4" 350lbs and nastier than a Gorrilla with the clap
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