How do I get my cash back?

[Hannahb]

I'll begin by saying we know we've been stupid. Washing machine blew up 2 weeks ago. Repair man came (we've used him tried and tested over 10-odd yrs) and said he could get a replacement. We were going away for w/end so seemed easy option (how wrong we were!). Gave him nearly �500 (we chose an expensive make � I did check cheapest price on internet) and (so stupid, I know) didn't get a receipt. He loaned us a machine. Keeps coming up with reasons (blames supplier) for putting off delivery. Asked him last night to return cash. He said he'd bring it, or the machine, round tonight. Just phoned him - he said he can deliver machine on Sat!! I said no way, want cash back. He said he can't get cash tonight so will bring it round tomorrow. I said if he doesn't we'll take legal advice. Things fairly pleasant between us still but he knows tomorrow is last chance. It's not that I don't trust him � I just think he's extremely disorganised and laid back but we're sick of having to chase him up and want our money so can order it ourselves and want to know what we can say that'll make him get his finger out. Any (polite!) advice, please?

[Dassie]

Just tell him if you don't receive the money by the end of the week you will have no option but to start a Small Claims Court action, which will cost him more than the �500 by the time he pays the fees etc.

He's probably got a cash-flow problem and has already used this money for other things.

[Hannahb]

Thanks for advice Dassie! I think he's spent the cash too. He should stick to what he knows best and does well(repairing machines) and drop the "replacement service" he offers!

[william c]

You have known this man for over 10 years and must trust him after all that time. Some suppliers can take up to six weeks to deliver items so I think that two weeks is not too bad. Perhaps give him the benefit of the doubt about Saturday there could be a hundred and one reasons why he cant do it before that he is not prepared to talk about. It could also be that, in the first place, he just forgot to order it for you and daren't say.

[Dassie]

If he has indeed ordered a new one then there must be some order form/invoice/paperwork between him and the supplier. Tell him you want to see this or want your cash back!

[Hannahb]

He said he needed cash 'cos supplier wouldn't "release" the machine without payment. Then lots of to-ing and fro-ing about supplier getting models in, then being closed when he got there. Finally said they'd delivered wrong make. All plausible enough but he originally said he'd get us one quicker than the internet (phoned supplier in front of us) - in 2-3 days max. By now it was 10 days since we gave the cash. Then today he said he'd told supplier and they've credited his account rather than giving him cash - so he'd obviously bought it from them on card or supplier a/c. So his story about getting it quickly if we paid cash was twaddle. this is why we've lost patience and confidence in him as we don't feel he's being straight with us and we can see this going on and on.

[Dassie]

If he told them today, I've never seen any large company's accounts dept. do anything, let alone issue a credit, the same day. It all takes a few days so I suspect his story is just that...another story. Tell him to show you the credit note then if that's the case but tell him it's not your problem and surely his "business" has enough money in the bank to pay you out cash in spite of this so-called credit. Just repeat if you do not have the cash in hand by Saturday 12 noon then you will start small claims proceedings. You can dowload the forms from the internet and I suggest you have the blanks "conveniently" well in view when he next calls around!

[Hannahb]

Hi! Nothing from him today so I rang at 6.30pm.He said something about our money not clearing yet (it was cash!) but when I pointed this out he then said he'd got �250 out cashpoint and would get the rest on Monday and bring it over but I insisted he bring it tonight - took Dassie's advice and said we intended to write to him at his business address to make it official. He said he could bring it in the morning but I said no. Lo and behold, 40 mins later he appeared with �250! Phew - thank goodness. Hoping he will bring rest on Monday but we still have the his AEG machine if all goes belly up...Thanks for help.

[Dassie]

That's good. I know there is a limit to cashpoint withdrawals - possibly �250 - but that doesn't prevent him from drawing another �250 today ( Sat ) does it instead of giving him until Monday? I'd phone him again and ask him what's the problem with today or tomorrow for that matter as the ATMs don't close. Keep on his case otherwise I don't think you'll see him on Monday! Good Luck

[scirious]

Hi Hannah....I repair domestic appliances for a living and have a business relationship with an excellent and long established local company that sells appliances. This is how it should be done:
1. I visit my customer and determiine that their machine is beyond economical repair.
2. I ask my customer if they would like me to get a new machine for them and recommend a reliable make and model, now almost always German.
3. I immediately 'phone my supplier to establish that he has a suitable machine in stock and if he has I give the 'phone to the customer so they can arrange delivery times and pay over the 'phone.
4. On the day of delivery which is always four days or less from the initial visit, I call and install the machine, test it and instruct my customer in it's operation and answer any questions they may have.
I have been supplying this service for quite a few years and have never had a complaint.
Your man is probably a very good engineer and has tried to do you a favour but has probably been let down by someone else in the supply chain. In all fairness you could have gone into either of the two major retailers that are found in most towns and suffered a similar bad experience and when they either delivered a machine that was damaged/the wrong model/the wrong time or day and you were not at home getting any sort of meaningful solution from them is a nightmare.
Have a chat with him to find out what went wrong. He's probably as angry as you are. Point out that any extra expense that you have incurred by his failure to have a new machine up and running in your home in a reasonable time will be payable by him. However do not accept credit for future work.
If the guy is really any good he will realise that you are perfectly within your rights and ultimately he has failed to perform satisfactorily and you should reach an amicable solution.

[scirious]

(Sorry I clicked on the wrong button!)

If he becomes surly, unresponsive, or won't take your call then
retrieve your money via small claims court and ultimately inform your local council's trading standards office.
I am surprised that he has lasted ten years in the business
if he has a laissez-faire attitude. He has entered into a verbal contract and has to abide by it. You should NOT have paid him
until the machine had arrived at your house.

[Hannahb]

Thanks Scirious - sounds like you could teach him a thing or two about running a business! I think he's latched on to the "replacement service" idea but hasn't really got the resources to carry it off. He has always been good in the past which is why I really didn't want to think he was taking the mickey. Hopefully I won't have to nag him too much more to get the rest of the money back! Thanks for your reply.

[VillageVicar]

I'm sad to hear this. It's unortunate that a heretofore responsible and trustworthy individual has lost your trust...and I suspect, spent your money!

One last conversation to have with him. Advise him he has taken funds on false pretenses. Tell him you've spoken with the police and you will file a complaint for theft if he does not immediately return your money. Explain that it is his choice, but you will not wait any longer and you're prepared to leave your home now, going directly to the police. Tell him how sad you are over this, but he has left you with no alternative.

If he now changes his story and wants to pay you off in installments, make sure he signs a promissory note, acknowledging that he took the money from you, then spent it and is is liable for the debt. Then on the back of the note, each time he pays you, indicate the date and amount.

But if you do take 'payments' make sure he pays it all up within 30 days, or interest at 20% will apply, compounded monthly, until the debt is resolved... nasty thing to do...but you're the victim.

Good luck

Fr Bill