Refund rights
Author
Discussion

dba7108

Original Poster:

738 posts

199 months

Tuesday 25th August 2020
quotequote all
Will my credit card company be liable or able to help on a dress that my partner purchased in Feb this year? It was for a wedding which is now not going ahead due to covid19. The dress hasnt left the shop or been altered. Was paid via visa and cost was approx £500. They have offered to give a £500 credit note but not a refund.

Edited by dba7108 on Tuesday 25th August 16:31

Rozzers

3,070 posts

106 months

Tuesday 25th August 2020
quotequote all
So you ordered it, but haven’t collected it, although its available to collect?

CC will not be take this up, it doesn't cover things you no longer want/need.


littleredrooster

6,413 posts

227 months

Tuesday 25th August 2020
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I think the store are being quite generous in offering a credit, TBH!

Sheepshanks

41,293 posts

150 months

Tuesday 25th August 2020
quotequote all
dba7108 said:
It was for a wedding which is now not going ahead due to covid19.
Weddings can go ahead now.

SmoothCriminal

5,972 posts

230 months

Tuesday 25th August 2020
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Why should they refund you because you have changed your mind?

essayer

10,410 posts

225 months

Tuesday 25th August 2020
quotequote all
You have no statutory right to a refund.

If they couldn’t make the dress because of Covid, that’s one thing - but the wedding not going ahead is nothing to do with them.

Take the credit and hope they don’t go bust!

littlebasher

3,969 posts

202 months

Tuesday 25th August 2020
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When my daughter got married last year, i foolishly said i would buy the dress on the assumption it would be about £500

How wrong was i !

mattyprice4004

1,342 posts

205 months

Tuesday 25th August 2020
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A credit card won’t just refund you because you changed your mind.

How is that fair on the shop? Common decency / sense surely tells you they should be paid for supplying a custom-ordered product that you ordered and is now ready for you...!

They won’t be able to return it to the supplier after this length of time, so will be out of pocket through no fault of their own.

donkmeister

13,079 posts

131 months

Wednesday 26th August 2020
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dba7108 said:
The dress hasnt left the shop or been altered. Was paid via visa and cost was approx £500. They have offered to give a £500 credit note but not a refund.

Edited by dba7108 on Tuesday 25th August 16:31
Any chance the dress could be taken out to a 48" chest?
Also, what colour is it? I'm told that sky blue really makes my beard pop.

syl

693 posts

106 months

Wednesday 26th August 2020
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If you bought it in February and it hasn’t been altered, why hasn’t it left the shop yet? If COVID prevented them getting it to you or you from picking it up, then you might have some argument, but otherwise I think you’re going to be out of luck.

wibble cb

4,173 posts

238 months

Wednesday 26th August 2020
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I may have misread it, but no where does it say in the OP that it’s actually a wedding dress, just a dress ordered for a wedding?

anonymous-user

85 months

Wednesday 26th August 2020
quotequote all
wibble cb said:
I may have misread it, but no where does it say in the OP that it’s actually a wedding dress, just a dress ordered for a wedding?
Yes, a erm wedding dress. Well spotted.

Sheepshanks

41,293 posts

150 months

Wednesday 26th August 2020
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This situation seems to fit the case law example of a frustrated contract quite well?

spikeyhead

20,591 posts

228 months

Wednesday 26th August 2020
quotequote all
Sheepshanks said:
This situation seems to fit the case law example of a frustrated contract quite well?
What do you think has made this contract impossible to complete?


Marcellus

7,210 posts

250 months

Wednesday 26th August 2020
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Sheepshanks said:
This situation seems to fit the case law example of a frustrated contract quite well?
Really how do you work that one out?

Contract for the shop to provide the dress and OP to pay shop for Dress.

Shop has dress ready for collection and OP has paid shop.

So, other than the actual exchange, both parties have fulfilled their obligations of the contract.

Hashtaggggg

2,380 posts

100 months

Wednesday 26th August 2020
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120 day time limit for a section 75 claim

Not that you have a viable claim

andburg

8,764 posts

200 months

Wednesday 26th August 2020
quotequote all
dba7108 said:
Will my credit card company be liable or able to help on a dress that my partner purchased in Feb this year? It was for a wedding which is now not going ahead due to covid19. The dress hasnt left the shop or been altered. Was paid via visa and cost was approx £500. They have offered to give a £500 credit note but not a refund.

Edited by dba7108 on Tuesday 25th August 16:31
I feel your pain but as others have said, the business have met their end and are probably struggling with lots of brides postponing weddings and having to be closed for 3 months with no new income.

As you said partner I assume you still want to get married so why not keep the dress or exchange it? a credit note is not worth paper its written on if that business fails so I'd really not recommend that unless you can sell that credit onto another bride who wants a dress from that supplier to mitigate your losses.

Get married anyway!
In seriousness, I did exactly this. All 2020 plans were lifted and shifted to 2021 and we had a 30 person ceremony at the church with no reception. Next year I'll do it all again fingers crossed with the full guest list.

Cost a small fortune as my other half has kept THE dress for next year so went out and bought another dress for 2020! I wore my wedding suit and its hung back up, no groomsmen, no bridesmaids so all their stuff is sat stored ready for next year.

The biggest issue is insurance, once you're married + 24 hours for reception the policy ends. We are currently not insured if any supplier fails because I can only find 1 insurer who cover blessings/vow renewals with a full wedding policy and they are not issuing new policies at the moment.

Sheepshanks

41,293 posts

150 months

Wednesday 26th August 2020
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Marcellus said:
Sheepshanks said:
This situation seems to fit the case law example of a frustrated contract quite well?
Really how do you work that one out?

Contract for the shop to provide the dress and OP to pay shop for Dress.

Shop has dress ready for collection and OP has paid shop.

So, other than the actual exchange, both parties have fulfilled their obligations of the contract.
It was for a dress for a wedding and the wedding didn't go ahead due to no fault of either party.

Legal stuff is always a bit vague so as to keep lawyers in business, but, for example: https://excellolaw.co.uk/excellolaw-blogs/covid-19...


People have been using this to get out of holiday (particularly cottages etc) bookings when really they should have had decent insurance to cover it.

sunbeam alpine

7,250 posts

219 months

Wednesday 26th August 2020
quotequote all
donkmeister said:
Any chance the dress could be taken out to a 48" chest?
Also, what colour is it? I'm told that sky blue really makes my beard pop.
Might be worth checking the length as well - nothing worse than people being able to see the tip swinging when you're dancing...

andburg

8,764 posts

200 months

Wednesday 26th August 2020
quotequote all
Sheepshanks said:
It was for dress for a wedding and the wedding didn't go ahead due to no fault of either party.

Legal stuff is always a bit vague so as to keep lawyers in business, but, for example: https://excellolaw.co.uk/excellolaw-blogs/covid-19...
the contract has been honored already, the store has the dress and it is available for collection.

the contract with the shop wasn't for them to provide a dress to be worn at x event on x date, it was simply to provide a dress.

The only way i see round that would have been if the store despite being in possession of the dress did not make it available for collection/delivery as they were forced to close but that isnt the case.