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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience:  Over 5 years in practice
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I purchased and paid four a custom made sail for my boat £5000

Customer Question

I purchased and paid four a custom made sail for my boat £5000 in January. The sail was too big and therefore was bio use for my boat, they then had a second made which took 9 weeks (there normal lead time for this type of thing is 4-5 weeks) when the 2nd arrived it was also too big and I returned it to them. They offered to make a third but as I am leaving on the boat soon I asked for a refund instead. I asked for a refund within 3 days but after 2 weeks and several emails they have not refunded me and have just come up with several excuses.

What are my rights and options?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

I would like to know what my rights are regarding a refund time? They have so far taken 2 weeks.


They have had my money since January.

Expert:  Jo C. replied 2 years ago.
Did you agree any cooling off rights?
Customer: replied 2 years ago.
Expert:  Jo C. replied 2 years ago.

Do they say this is your fault or do they accept its theirs?

Are they alleging you gave them incorrect information leading to a size too large?
Customer: replied 2 years ago.
No they have agreed to give me a refund but as yet I haven't received it.

My question is how long do they have to pay me back??

It has been over 2 weeks since they said they would refund me and in all they have had the money for 6 months
Expert:  Jo C. replied 2 years ago.
Sorry for the delay.

If they accept there is a fault then they are under an obligation to pay forthwith.

The problem here is that they are just plain failing to comply with that and the question really is how to deal with it.

You can sue. That will take time and probably they will pay in the meantime.

You could send them a letter before action warning them that you will sue if they don't pay within 14 days and that sometimes does succeed and is cheap to do.

You can get a solicitor to write to them with that information which would probably attract a greater response but obviously there are costs in that.

You do have a claim that will succeed though. Its just a case of how to pursue it.

Can I clarify anything for you?


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