Layby Question - What are my rights?
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Category: General Chat
Forum Name: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=20978
Printed Date: 10 October 2025 at 3:53am
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Topic: Layby Question - What are my rights?
Posted By: BuzzyBee
Subject: Layby Question - What are my rights?
Date Posted: 16 September 2008 at 3:01pm
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I put a car bed on layby for Lucas at Forhomes, a down payment of $55 ...all they got me to do was hand the money over and sign a tax invoice/receipt. They didn't stipulate any terms or conditions and the receipt says a blurb on the back that is only in relation to a fully paid item that has been taken off the premises.
I ring up and tell them I'd like to cancel this layby and am told (after the lady covers the phone and blatantly asks someone in the background 'This lady put $55 on a bed, do we give it back to her or keep it?") she comes back and tells me that they are not able to refund me the money due to having to order this item in and it sitting in storage - YET when I agreed to the layby they had sold 3 beds over a period of 2 days ...so if they're high in demand and going to sell this item anyway I don't see how they can use that excuse to justify keeping my down payment? I'm naive more than anything as this is the first time I've gone into a deal like this, i usually stay clear of layby's and hire purchases for exactly this reason! So I guess what I'm asking is - what are my rights as a consumer? Have I got a leg to stand on or just leave it at that? I was polite on the phone and said I'd just like to cancel it in that case, and then my Dad (being overprotective daddy that he is) decided to ring and question them and the lady said she would speak to the owner .... If I can't get my money back then I guess it's a lesson learnt. |
Replies:
Posted By: cuppatea
Date Posted: 16 September 2008 at 3:14pm
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I've not done layby before but normally if you put a deposit on something and then cancel the company get to keep the deposit as payment for being messed about. ------------- 
 
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Posted By: Roksana
Date Posted: 16 September 2008 at 3:28pm
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No they cant do that! Inless they can prove that the terms and conditions have been made clear on the first place. They can charge an admin fee but they cant keep the whole lot.
Wait for their call and then call the consumer affair place! (Crap cant remember the actual name). ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Posted By: caliandjack
Date Posted: 16 September 2008 at 3:30pm
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http://www.consumeraffairs.govt.nz/consumerinfo/layby.html
Here's the link to consumer affairs, you are entitled to cancel and get your money back, its quite clear. ------------- http://lilypie.com" rel="nofollow">   [/url] Angel June 2012 |
Posted By: Roksana
Date Posted: 16 September 2008 at 3:37pm
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YAY ...Thanks Fleury...(I got that right after all he he ha ha) ------------- http://lilypie.com">
http://lilypie.com">
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Posted By: BuzzyBee
Date Posted: 16 September 2008 at 6:14pm
Well they didn't get back to me today as promised, but I have read that site that you gave me the link for (Thank you  ) and I'll wait around for a call tomorrow and if they say no they still won't refund my money (or at least some of it) THEN I will hit them with a printout of that page and my 'rights' as a consumer.
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