Getting cash back

Q I ordered a computer from a company and they took payment for it. I subsequently cancelled the order in writing as directed on the invoice before the computer was delivered.

This was in early February, but I have not yet received my payment back. I have the receipt to show the payment was taken from my account from a visa card with the holder not present. I have called them several times and emailed them but on every occasion I have been diverted to the accounts department and given a promise that they will call back.

It has now been over a month. Do I have any recourse, and would I have a case if I were to resort to the small claims court? I would prefer not to do this, but will do if necessary to get my money back.

AS

A Generally, you do not have an automatic right to cancel an order. After your order has been accepted you are locked into a binding contract. If you then cancel, or renege, on the deal you are in breach of contract and the supplier can claim compensation from you -usually for lost profits and administration costs.

However, if you order goods via the internet, TV or telephone, or from a catalogue or magazine advertisement, you are entitled to a cooling-off period. The Distance Selling Regulations now say you can cancel in writing for any reason within a seven-day period and you don't have to say why. If you bought the computer through the distance selling methods outlined above and cancelled within seven working days of receiving the goods, you are therefore entitled to a full refund. For full details of the precise circumstances of when you may cancel, see the consumer gateway website at www.consumer.gov.uk.

You might stand more chance of getting a satisfactory response if you write a "letter before action" to the manager by recorded delivery. This should say you will take them to the small claims track in the county court if they don't send you a cheque within seven days.