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I have a friend who put 2 items of clothing on laybuy. This…

Customer Question
Hi :) i have...

Hi :) i have a friend who put 2 items of clothing on laybuy. This started on April 2017 and has made sparodic payments (total 4 payments) . The clothing store has contacted her 3x to remind her of the items and that $$$ is still outstanding and that its now Dec - ie the agreed term has been exceeded. My friend has decided to cancel the laybuy and wants her money back.

Lawyer's Assistant: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.

Whoops hit enter in error - she states there was no actual signed laybuy agreement only verbal and that she went to the store to make payments

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New zealand

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What options would be available i.e if no actual laybuy signed agreement can she push this - or because she did pay regular installments and did exceed the time frame of any laybuy- should she just accept part refund

Lawyer's Assistant: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.

Thans what is the cost?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Thanks

Submitted: 4 months ago.Category: New Zealand Law
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Answered in 1 hour by:
12/5/2017
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,539
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

the Fair Trading Act sets out the rules about layby sales, and they must be in writing

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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

I suspect none of this has been compled with here-this is the section which applies

36D Further disclosure if requested by consumer

(1) In addition to the requirements of section 36C, the supplier must, if requested by the consumer (either at the time that the layby sale agreement is entered into, or at any later time), provide the consumer with a written statement that clearly sets out—

(a) the total purchase price that is, or (if the agreement has been cancelled) was, payable under the agreement; and

(b) the amount paid by the consumer as at the date of the statement; and

(c) the amount of the cancellation charge (if any) that, as at the date of the statement, the consumer—

(i) is required to pay to the supplier (if the agreement has been cancelled); or

(ii) would be required to pay to the supplier (if the consumer were to cancel the agreement); and

(d) the outstanding amount (if any) that the consumer is required to pay to the supplier under the agreement, and when and how that amount is to be paid.

(2) The supplier must provide the statement to the consumer—

(a) within 5 working days after receiving a request; and

(b) free of charge.

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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

So she can ask for her money back as the shop has not compled with the act and must refund

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Customer reply replied 4 months ago
thank you
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Feel free to follow up if you have more questions or rate my answer if you are ready
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Customer reply replied 4 months ago
what if the laybuy policy though not a written agreement - there was a policy on the counter for all customers to view - i have asked my friend what the wording was
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

That doesnt comply with the act. It must be a document given to the customer as above

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Customer reply replied 4 months ago
Can the store owner put it in writing now and give to my friend - she said she can provide the layout card with all the details amount and the payments made and the dates she called the customer reminding her of items and outstanding amount -Or is it soley - there was no original layout agreement provided at the time to customer until now when it's too late and customer wants money back based on as u say no agreementWhy I ask is that she admits she did pay - was aware of the laybuy terms of the shop - didn't honor them and now as Xmas wants some money - realizes the shop owner has lost out as old season stock now - but relying on agreement so tough lesson on shop owner
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

The shopkeeper is meant to give the information before before the sale takes place. On a strictly legal basis the shopkeeper is still wrong, but your friend did know the terms and so if this matter went to the disputes tribunal, the referee may think that there should be a compromise, but there is definitely a risk that your friend might get nothing, although there is of course a possibility the shopkeeper would need to refund.

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Customer reply replied 4 months ago
Thanks - I said there should be a compromise and she agrees
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

The act says the layby agreement can be cancelled if there is a breach-and she may have breached by failing to pay as agreed, although the shopkeeper still has a problem as I outline above

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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

Feel free to follow up if you have more questions or rate my answer if you are ready

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