Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • hoggums
    • By hoggums 18th Oct 16, 3:00 PM
    • 203Posts
    • 292Thanks
    hoggums
    Item fauly on delivery but supplier wants me to get a manufacturer fault ref?
    • #1
    • 18th Oct 16, 3:00 PM
    Item fauly on delivery but supplier wants me to get a manufacturer fault ref? 18th Oct 16 at 3:00 PM
    Hi,

    Hoping some of you can give advice here.

    Bought an electronic device online from a well known company, it was delivered quickly- but the transformer in it is buzzing loudly - seems obvious to me it's a fault - so I want to send it back to the supplier for an exchange.

    However this company is refusing to give me a returns number until I supply them with a manufacturers fault reference number.

    Personally I take issue with this because I've only used the device for 15 mins and put it back in the box - so I have not registered the warranty, therefore I can't get a ref number anyway (not to mention the fact I've no idea how to get one). I just want to send it back and get a replacement.

    I'm just wondering where I stand legally on this? Is the said supplier in it's rights forcing me to do this or do I have the right to tell them no? My concern is that they'll then send it off to get fixed and I'll have to wait weeks for it.

    I assume my other option is to reject the device which I'm prepared to do but it would be so much easier if they'd just send me a damn replacement!

    Your help and advice greatly appreciated.
Page 1
    • hoggums
    • By hoggums 18th Oct 16, 3:08 PM
    • 203 Posts
    • 292 Thanks
    hoggums
    • #2
    • 18th Oct 16, 3:08 PM
    • #2
    • 18th Oct 16, 3:08 PM
    Item was bought just over a week ago, but I first contacted the company within 4 days of purchase.
    • powerful_Rogue
    • By powerful_Rogue 18th Oct 16, 3:13 PM
    • 2,766 Posts
    • 3,979 Thanks
    powerful_Rogue
    • #3
    • 18th Oct 16, 3:13 PM
    • #3
    • 18th Oct 16, 3:13 PM
    What's the name of the retailer?
    • hoggums
    • By hoggums 18th Oct 16, 3:17 PM
    • 203 Posts
    • 292 Thanks
    hoggums
    • #4
    • 18th Oct 16, 3:17 PM
    • #4
    • 18th Oct 16, 3:17 PM
    Is that important? It's a big and very well known company. I don't want to slander them as I realise I'm probably talking to a support agent who is following instructions and possibly doesn't fully understand my rights (or perhaps they do!).

    I would just like some cliarification on what my rights are in this case.
    • powerful_Rogue
    • By powerful_Rogue 18th Oct 16, 3:52 PM
    • 2,766 Posts
    • 3,979 Thanks
    powerful_Rogue
    • #5
    • 18th Oct 16, 3:52 PM
    • #5
    • 18th Oct 16, 3:52 PM
    Is that important? It's a big and very well known company. I don't want to slander them as I realise I'm probably talking to a support agent who is following instructions and possibly doesn't fully understand my rights (or perhaps they do!).

    I would just like some cliarification on what my rights are in this case.
    Originally posted by hoggums
    Normally helps to know who the retailer is so we can check their T&C's or know from other issues members have had.

    Not slander if you're telling the truth. No reason to be afraid to post who it is.
    • theonlywayisup
    • By theonlywayisup 18th Oct 16, 4:42 PM
    • 9,686 Posts
    • 6,506 Thanks
    theonlywayisup
    • #6
    • 18th Oct 16, 4:42 PM
    • #6
    • 18th Oct 16, 4:42 PM
    Naming the retailer won't do anything other than let people here offer help.
    "I suggest you read who's thread this is and you will find its MINE". sic
    • powerful_Rogue
    • By powerful_Rogue 18th Oct 16, 5:19 PM
    • 2,766 Posts
    • 3,979 Thanks
    powerful_Rogue
    • #7
    • 18th Oct 16, 5:19 PM
    • #7
    • 18th Oct 16, 5:19 PM
    Im going to take a punt and say Ebuyer.
    • wealdroam
    • By wealdroam 18th Oct 16, 6:10 PM
    • 17,422 Posts
    • 14,000 Thanks
    wealdroam
    • #8
    • 18th Oct 16, 6:10 PM
    • #8
    • 18th Oct 16, 6:10 PM
    OP, during the first thirty days following the purchase you have the statutory right to reject the thing for a full refund if it doesn't conform to contract.
    The only problem with that is that you need to prove that lack of conformity, although that shouldn't be too difficult in your case. One way of doing that might be to ring the manufacturer and get a fault reference number.
    Last edited by wealdroam; 18-10-2016 at 6:13 PM.
    • theonlywayisup
    • By theonlywayisup 18th Oct 16, 6:45 PM
    • 9,686 Posts
    • 6,506 Thanks
    theonlywayisup
    • #9
    • 18th Oct 16, 6:45 PM
    • #9
    • 18th Oct 16, 6:45 PM
    To add to the above, we can only assume both you and the retailer are in the UK. So, you see it helps to give the company name.
    "I suggest you read who's thread this is and you will find its MINE". sic
    • bris
    • By bris 18th Oct 16, 9:36 PM
    • 6,151 Posts
    • 5,110 Thanks
    bris
    OP the retailer is within their rights to know the thing is really faulty and not just user error. Get the manufacturer to confirm the fault and get the refund.
    • hoggums
    • By hoggums 19th Oct 16, 2:28 PM
    • 203 Posts
    • 292 Thanks
    hoggums
    The shop name is bt.shop and the saga continues.

    bt.shop had not provided any information on to where to get a fault reference number and eventually when I got the information from then I decided to phone the manufacturer to try to get this thing resolved.

    The manufacturer told me they couldn't provide a RMA number because the purchase is less than 30 days old and I should be able to return the item to btshop without this. If it was over 30 days old then they would treat it as a warranty issue.

    Interestingly the manufacturer also said they have had other customers from btshop asking for the same thing and have been turning them away.

    So at the moment I'm going round in circles and awaiting bt.shop's response...
    • unholyangel
    • By unholyangel 19th Oct 16, 7:20 PM
    • 10,204 Posts
    • 7,362 Thanks
    unholyangel
    Part 1 of Schedule 2 states that the following may be unfair:
    (17) A term which has the object of effect of … making the trader’s
    commitments subject to compliance with a particular formality.
    When you go back to the retailer, remind them that your consumer rights (and therefore their legal obligations) cannot be made subject to compliance with a formality and any attempt to do so would likely be a breach under the consumer protection from unfair trading regulations.

    Attempting to mislead, restrict or remove a consumers statutory rights can amount to a criminal offence.

    Keep it simple and remain polite but firm.

    Your rights are:
    Within 30 days of receiving the goods, you can reject them for a full refund if they don't conform to contract.
    After 30 days, the retailer has the right to repair or replace the goods. If the repair/replacement fails to bring the goods back within conformity of the contract or cannot be enacted without causing significant inconvenience or within a reasonable time then you can again insist on a refund. In most circumstances they cannot reduce the refund within the first 6 months (there are exceptions - like for motor vehicles). Within the first 6 months, any faults found are presumed to be inherent and its for the retailer to prove otherwise (after 6 months the burden of proof reverses and its for the consumer to prove it is inherent).
    Money doesn't solve poverty.....it creates it.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,119Posts Today

5,457Users online

Martin's Twitter