Is it legal to deduct 30% for a refund?

[Clodbuster]

I arranged for a home energy certificate to be done but 4 days later told it was not necessary so I cancelled it 5 days after paying for it. I've been advised that due to the T's & C's the refund will be deducted by 30%.

That is exorbitant and not sure a deduction is legal. Perhaps a small administrative cost but no more?

 

[Ozzy]

I've been advised that due to the T's & C's the refund will be deducted by 30%

If it is stated in their terms, which presumably were clear and available for reading at the time of placing the order, then yes it is legal.

 

[Paul Norman]

Yup. It is legal. That is not, of course, the same as being reasonable. But you do not legally have to be reasonable.

It is one of those tedious 'what did the terms and conditions say' replies, I am afraid.

 

[DontAsk]

They may have lost the full value if they are unable to rebook your slot so...

Many Dentists charge way more than £25 for a late cancellation.

 

[Clodbuster]

It wasn't late - they had not come back with a date and time slot.

 

[DontAsk]

It wasn't late - they had not come back with a date and time slot.

So there was no confirmed booking? In that case, I would argue the toss with them.

 

[Clodbuster]

I'll argue the toss with them and see what transpires. Thanks all.
I must be a sucker as I refund what was charged on returns. What does everyone charge?

 

[eteb3]

Are you a consumer, given this is a 'home energy certificate'? And did you order online / over the phone?

If so you have a 2-week statutory right to cancel, unless they supply the service in the meantime.

 

[Clodbuster]

I am a consumer and ordered online.
Anyway, after some "discussion" I have accepted a 10% deduction.

Not sure if I read corectly -

Consumer Rights act 2015
No deductions can be made from a refund within the first six months after purchase
You have a 14-day grace period to change your mind after receiving the item

Not the same "rights" if you buy in a store.

 

[eteb3]

Consumer Contracts (etc) Regulations 2013
Which? guide here
Blackletter here

TL;DR a full refund within 15 days is your statutory right.

The company has committed an offence by not informing you of your 15-day canx rights. And so has the human being who didn't tell you, or who told their staff not to tell you.

I'd go back and offer to report them, unless they put you in the position you should have been in - 100% refund. And I'd ask for 10% extra for messing you around.

 

[HFE Signs]

How did you pay for it?

 

[japancool]

Does this certificate require an inspection to be done?

 

[Clodbuster]

How did you pay for it?

Online with a bank credit card.

Does this certificate require an inspection to be done?

Yes it does, a date for the inspection was meant to be supplied.

 

[japancool]

Yes it does, a date for the inspection was meant to be supplied.

They're not entitled to make any deductions.

Firstly, it's B2C so you have a 14 day cooling off period anyway. Secondly, the CCR only allows deductions for use of goods beyond necessary to see whether they are suitable. There are no goods involved here.

Threaten them with Trading Standards.

If it's B2B though, all bets are off.

 

[Clodbuster]

FYI - they refunded the lot even after I accepted a 10% deduction. Pays to whinge a bit.

 

[eteb3]

FYI - they refunded the lot even after I accepted a 10% deduction. Pays to whinge a bit.

Pays to know your rights more like . You weren’t whinging; you shouldn’t have had to ask.

But good outcome anyways