Refund of deposit
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Discussion

scoey1001

Original Poster:

921 posts

110 months

Thursday 8th July 2021
quotequote all
Hi all, have a question re a deposit not being returned.

Bought a car which had been remapped and had a decat. I changed to a sports cat as it was too anti social, so the map needed tweaking as it was giving fault codes out etc.

Called tuning company to book and they asked for £100 deposit which I paid over the phone by credit card. No mention was made of refundable/non refundable and nothing on their website about this. I took it as this would be taken from the final amount (as was the case with the original remap which I have receipts for).

Anyway got the work done all good and paid via debit card . Nothing on the invoice mentions the deposit just parts/labour for the day (it also needed a new sensor). To be honest I forgot about the deposit at the time but have since contacted them by email to ask when it will be returned and heard nothing. Tried phoning also but the guy was unavailable and didn't return my call. This was over a week ago now. Will try again but if I get no response can I use section 75? The deposit by credit card was exactly £100 and the other work was £200 odd. Cheers

MontyPythonX

1,229 posts

145 months

Thursday 8th July 2021
quotequote all
If there's nothing on the invoice about it, is it possible that the invoiced amount already includes a deduction for the deposit?
Ie the work should have been £300, but you've already paid £100, so the invoice just shows £200?

APontus

1,935 posts

64 months

Thursday 8th July 2021
quotequote all
What was the quote for the whole job? Does the amount you paid in total match the quote for the job?

scoey1001

Original Poster:

921 posts

110 months

Thursday 8th July 2021
quotequote all
MontyPythonX said:
If there's nothing on the invoice about it, is it possible that the invoiced amount already includes a deduction for the deposit?
Ie the work should have been £300, but you've already paid £100, so the invoice just shows £200?
The invoice just shows

1. Tuning alteration at £75
2. Sensor at £80
3. Labour costs at £40

Plus VAT.

Which comes to the amount i paid on the day by debit card. No mention or indication (from the pricing) that the deposit was deducted.

On the invoice for the original remap (paid by previous owner) it clearly states that the deposit was paid a couple of weeks before and this was knocked off the final bill.



Edited by scoey1001 on Thursday 8th July 14:20

Rivenink

4,292 posts

135 months

Thursday 8th July 2021
quotequote all
Your invoice shows £195+ VAT, or £234.

You say you paid that £234 on the day, but that you have also paid £100 in advance as a deposit; so have paid £334 in total.

When this is compared to the price paid for the same work on the original invoice, have you overpaid by £100? If so, you probabaly do have a claim.

If the previous owner also paid around £300 for the same work, you probabaly don't have a leg to stand on.

scoey1001

Original Poster:

921 posts

110 months

Thursday 8th July 2021
quotequote all
Rivenink said:
Your invoice shows £195+ VAT, or £234.

You say you paid that £234 on the day, but that you have also paid £100 in advance as a deposit; so have paid £334 in total.

When this is compared to the price paid for the same work on the original invoice, have you overpaid by £100? If so, you probabaly do have a claim.

If the previous owner also paid around £300 for the same work, you probabaly don't have a leg to stand on.
Hi, correct on the first bit. I paid for the work on the day as outlined on the invoice in full. Also paid £100 deposit which I want back.

The original invoice isn't really comparable in price as it was for a full remap, this was just for a map tweak. His invoice shows he was due to pay £360, but only paid £310 as he had left a £50 deposit when booking.

Just wish they would get back to me, they were very quick at replying when discussing the work.

Dark Star

149 posts

219 months

Thursday 8th July 2021
quotequote all
Is the company mobile or do they have premises?
If they have premises just call in and explain this issue to them.
If they are ignoring you have you tried getting a friend to email them or call them to see if they are working or closed for whatever reason.
Have they had to isolate due to Covid?
There could be numerous reasons that need looking at.
Hope you get sorted.

Jamescrs

6,376 posts

94 months

Friday 9th July 2021
quotequote all
I dont know about the legal side of it but for the work done the total cost of £334 seems about right for a reputable tuner.

What did they quote you for the work initially when you paid a deposit?

DaveA8

749 posts

110 months

Friday 9th July 2021
quotequote all
Have a look at the VAT amount. If it is £39 then the ex vat is £195, if the VAT is £55.66 then the amount is £295 , that includes the £100
Have they taken the £100, as typically a deposit is dealt with differently than a payment on account
If all else fails, contact the card issuers as although it is £100 and not covered ( it needs to be £101) they will typically do a charge back pending enquiry
I’d have thought the garage will sort it anyway

scoey1001

Original Poster:

921 posts

110 months

Friday 9th July 2021
quotequote all
DaveA8 said:
Have a look at the VAT amount. If it is £39 then the ex vat is £195, if the VAT is £55.66 then the amount is £295 , that includes the £100
Have they taken the £100, as typically a deposit is dealt with differently than a payment on account
If all else fails, contact the card issuers as although it is £100 and not covered ( it needs to be £101) they will typically do a charge back pending enquiry
I’d have thought the garage will sort it anyway
Actual amounts (I guessed a bit yesterday as didn't have invoice to hand) are;

Labour

Removed and replaced primary lambda sensor £12.50 (15 mins labour)
Carried out software alteration to suit £75

Parts

Lambda sensor £97.50

Labour 87.50
Parts 97.50
Subtotal 185.00
Vat (20%) 37.00
Total 222.00
Receipts 222.00
Balance 0.00


scoey1001

Original Poster:

921 posts

110 months

Friday 9th July 2021
quotequote all
Jamescrs said:
I dont know about the legal side of it but for the work done the total cost of £334 seems about right for a reputable tuner.

What did they quote you for the work initially when you paid a deposit?
I asked them for a quote to tweak the map to suit sports cat Vs decat to which they quoted £150. Apparently a very minor change. When I picked the car up he commented that the work wasn't as much as he previously quoted to me and on the invoice they charged me £75 for the alterations to map plus costs for lambda sensor.

I think £334 would be in the ballpark for a full remap.

randlemarcus

13,646 posts

260 months

Friday 9th July 2021
quotequote all
That billing you less than the quote would buy them a little goodwill in my book. One more email, setting out that the deposit seems to have been mislaid in their accounts, i.e. the final invoice shows work done at 222 inclusive, settled by debit card of 222 inclusive, with no reference to the CC deposit. In the absence of a reply and a refund, you're going to go for a S75, which isnt brilliant for their relationship with the merchant. Give that until Monday, try the phone once more, and if you draw a blank, S75.

I am assuming it was an actual £100 transaction, and not a hold?

scoey1001

Original Poster:

921 posts

110 months

Friday 9th July 2021
quotequote all
randlemarcus said:
That billing you less than the quote would buy them a little goodwill in my book. One more email, setting out that the deposit seems to have been mislaid in their accounts, i.e. the final invoice shows work done at 222 inclusive, settled by debit card of 222 inclusive, with no reference to the CC deposit. In the absence of a reply and a refund, you're going to go for a S75, which isnt brilliant for their relationship with the merchant. Give that until Monday, try the phone once more, and if you draw a blank, S75.

I am assuming it was an actual £100 transaction, and not a hold?
Hi, no not a holding charge just listed on my statement as a manual card purchase.

As someone above pointed out it looks like I'm not covered by section 75 as it needs to be above £100, exactly £100 doesn't meet the criteria.

Freddie Fitch

190 posts

100 months

Friday 9th July 2021
quotequote all
Whatever you end up doing you still have to complete the first step of talking to them and asking for a refund!

FNG

4,742 posts

253 months

Friday 9th July 2021
quotequote all
He's tried that via email and phone already.

Does need to follow up though. Can't imagine that missed phone call will be top of the guy's list of things to do today / this week / this month.

scoey1001

Original Poster:

921 posts

110 months

Friday 9th July 2021
quotequote all
All sorted now. They have replied to my email saying they can refund or use as credit on future work (was considering a dsg gearbox remap). Thanks for all the replies.

MadCaptainJack

1,769 posts

69 months

Friday 9th July 2021
quotequote all
Clearly you need to go ‘round and rough this character up a little.

Gareth79

9,020 posts

275 months

Friday 9th July 2021
quotequote all
scoey1001 said:
As someone above pointed out it looks like I'm not covered by section 75 as it needs to be above £100, exactly £100 doesn't meet the criteria.
I know it's sorted, but the £100 minimum is irrelevant here, because the problem is isn't related to liability under s.75, but a separate accounting error, ie. they took £100 from your account but it hadn't been used for any goods or services.

Also even if it was, the £100 minimum is in relation to the total cost of the goods/services, not the amount taken on the card. eg. a £10 deposit towards a £20,000 car means you are still covered for the full value of the purchase.


Edited by Gareth79 on Friday 9th July 17:49

Burwood

18,718 posts

275 months

Wednesday 14th July 2021
quotequote all
Gareth79 said:
scoey1001 said:
As someone above pointed out it looks like I'm not covered by section 75 as it needs to be above £100, exactly £100 doesn't meet the criteria.
I know it's sorted, but the £100 minimum is irrelevant here, because the problem is isn't related to liability under s.75, but a separate accounting error, ie. they took £100 from your account but it hadn't been used for any goods or services.

Also even if it was, the £100 minimum is in relation to the total cost of the goods/services, not the amount taken on the card. eg. a £10 deposit towards a £20,000 car means you are still covered for the full value of the purchase.


Edited by Gareth79 on Friday 9th July 17:49
Correct, it is not the OVER £100 payment that triggers Section 75, it's the goods and services being > £100 that matters. Not being contrary for the sake of it but the deposit was for those goods and services and had there been an issue, would have been protected. The Act makes no distinction as to the use of the funds. Was it taken (yes). Do you have an actionable case, yes. What would the vendor say in defence? That the card was debited for 'err nothing, we didn't use it. All Section 75 does is make the card issuer jointly and severally liable with the retailer if 'things go wrong' so essentially other laws give you teeth such as the consumer rights act. If you have a claim against a retailer, section 75 allows you to take it up with the card company. And to be clear, the use of Debit Cards can still afford protection as long as the vendor is not out of business/bust.