Consumer Rights: MoneySavingExpert.com discussion

havelock

Hi,

Just looking for a bit of advice as to where I stand with regards to getting a refund for a faulty fireplace/fire I bought 31/07/2008 (£400 on a Tesco Credit Card)

Basically I reported the goods as damaged the day after I collected them and agreed to return them on the retailers late opening night (07/08/2008) with the sales assistant I spoke to on the phone.

When I attempted to do this however, the store manager refused to allow me to return the goods as "their distribution centre was closed for 2 weeks"

I have subsequently spoke to several people, including the regional manager, emailed and sent recorded delivery letters, but they first claimed that "Proof of burden" was on me to proove the item was damaged when received, to which I replied that proof of burden was on the vendor in the first 6 months - now the retailer is stating that they have spoken with trading standards and are refusing to alter their offer of Exchange/Credit note only as trading standards have told them this is a fair offer.

Please could you advise me on how I can proceed with this - I've heard my credit card company can refund me (Consumer credit act, Section 75), but am unsure if I need to return the good first, or just tell the retailer to arrange a collection or even if this is the best way to go about reloving this issue.

Many Thanks

Mark

Art_2

havelock wrote: »

Hi,

Just looking for a bit of advice as to where I stand with regards to getting a refund for a faulty fireplace/fire I bought 31/07/2008 (£400 on a Tesco Credit Card)

Basically I reported the goods as damaged the day after I collected them and agreed to return them on the retailers late opening night (07/08/2008) with the sales assistant I spoke to on the phone.

When I attempted to do this however, the store manager refused to allow me to return the goods as "their distribution centre was closed for 2 weeks"

I have subsequently spoke to several people, including the regional manager, emailed and sent recorded delivery letters, but they first claimed that "Proof of burden" was on me to proove the item was damaged when received, to which I replied that proof of burden was on the vendor in the first 6 months - now the retailer is stating that they have spoken with trading standards and are refusing to alter their offer of Exchange/Credit note only as trading standards have told them this is a fair offer.

Please could you advise me on how I can proceed with this - I've heard my credit card company can refund me (Consumer credit act, Section 75), but am unsure if I need to return the good first, or just tell the retailer to arrange a collection or even if this is the best way to go about reloving this issue.

Many Thanks

Mark

Write to them, recorded delivery, with a copy to your card company. Tell them that if they don't deal with the complaint satisfactorily within 10 days you will go to the Small Claims Court. Ask your card company to assist in getting this sorted.

Why don't you want a replacement. Presumably you need a fireplace?

Regards,
Art.

havelock

Hi Art,

Thanks for the speedy response, I do indeed need a fireplace, but ones in the same price range all have the same brand finish (Malacite) which I now know translates as "Poorly Painted MDF"

Something it a better quality material (i.e. limestone or natural wood ) is well out of my price range at the moment and with me just buying my first house i'm reluctant to take on a finance package to pay for one.

My last letter (sent recorded delivery) did ask for a final decision on the matter, which they replied to this morning saying "No refund" - I'll query the matter with Tesco to see what they have to say.

Thanks again for you advice

Mark

malc_b

Not Cardiff tesco by any chance? I had a problem with them honouring customer rights on a MP3 player that failed. Another tesco took it back no problem. So if you are near another you could try them.

Otherwise stand on your rights. Since the credit card is also Tesco I'd be inclined to go at them first. Letter saying that under Section 75 of the Consumer Credit Act 1977 you hold the CC responsible so would they credit your card with £400. And if Tesco would like to arrange collection the fire can be made available. Since Tesco refused it the first time I woud let them collect it or pay for your petrol to take it back. If that gets nowhere then recorded letter to the store and the card giving them 10days before small claims court proceedings will be started.

From experience you need to first to be soft but then come on strong and positive if the gentle approach does not work. Always be polite but stand on your rights. For one credit company I had to repeat the quote of the consummer act in 14 point but they coughed up. I politely pointed out that they seem to have over looked that in my last letter, perhaps larger font would help. And I repeated the threat of court. I'm sure they have some rule that they never give in on the first letter. You have to show deterimination.

Art_2

malc_b wrote: »

Not Cardiff tesco by any chance? I had a problem with them honouring customer rights on a MP3 player that failed. Another tesco took it back no problem. So if you are near another you could try them.

Otherwise stand on your rights. Since the credit card is also Tesco I'd be inclined to go at them first. Letter saying that under Section 75 of the Consumer Credit Act 1977 you hold the CC responsible so would they credit your card with £400. And if Tesco would like to arrange collection the fire can be made available. Since Tesco refused it the first time I woud let them collect it or pay for your petrol to take it back. If that gets nowhere then recorded letter to the store and the card giving them 10days before small claims court proceedings will be started.

From experience you need to first to be soft but then come on strong and positive if the gentle approach does not work. Always be polite but stand on your rights. For one credit company I had to repeat the quote of the consummer act in 14 point but they coughed up. I politely pointed out that they seem to have over looked that in my last letter, perhaps larger font would help. And I repeated the threat of court. I'm sure they have some rule that they never give in on the first letter. You have to show deterimination.

I don't think the fireplace was bought at Tesco. It was paid for using one of their credit cards.

Regards,
Art.

malc_b

My mistake.

Jazzking

Evening, will give Consumer Direct a call in the morning but wondered if someone could back me up on this one:
(In brief)

• Bed bought online and paid for by CC
• Received delivery of bed when I was informed I would
• Unpacked bed, slept on it for a couple of nights and decided it wasn't suitable for us (too hard amongst other things)
• Emailed company on 4th working day after delivery asking for a refund and collection
• Company advised to sleep on bed for a bit longer to see if it got softer
• Emailed again on 8th working day saying still would like a refund as not suitable
• Company said would not do a refund (even after I quoted DSR) as the packaging has been opened and goods used.

I've read the OFT's guide to businesses for distance selling and nowhere does it say goods cannot be used before a consumer decides whether to cancel the contract (unless they are perishable or are part of that other list of exceptions) and even explicitly says that the ability for a company to resell the goods should not affect the consumer's right to cancel the contract within 7 days under the DSR.

I've written a letter confirming I expect a refund within 30 days and for the bed to be collected but received a phone call again stating that this would not be possible.
The DSR also state:

A consumer can retain the goods upon cancellation until he receives the refund. He is under a duty to retain possession of the goods and ensure that reasonable care is taken of them. The consumer is not obliged to return the goods unless asked to do so in writing by the supplier. If the supplier fails to supply such notification within a 21 day period from the date that the cancellation notice was given, then the consumer is no longer under a duty to take reasonable care of the goods.

what does that mean I can do after 21 days??

After 30 days have passed - what do I do? Trading Standards? Small Claims Court, or both?

TIA for any advice...

Art_2

Jazzking wrote: »

Evening, will give Consumer Direct a call in the morning but wondered if someone could back me up on this one:
(In brief)

• Bed bought online and paid for by CC
• Received delivery of bed when I was informed I would
• Unpacked bed, slept on it for a couple of nights and decided it wasn't suitable for us (too hard amongst other things)
• Emailed company on 4th working day after delivery asking for a refund and collection
• Company advised to sleep on bed for a bit longer to see if it got softer
• Emailed again on 8th working day saying still would like a refund as not suitable
• Company said would not do a refund (even after I quoted DSR) as the packaging has been opened and goods used.

I've read the OFT's guide to businesses for distance selling and nowhere does it say goods cannot be used before a consumer decides whether to cancel the contract (unless they are perishable or are part of that other list of exceptions) and even explicitly says that the ability for a company to resell the goods should not affect the consumer's right to cancel the contract within 7 days under the DSR.

I've written a letter confirming I expect a refund within 30 days and for the bed to be collected but received a phone call again stating that this would not be possible.
The DSR also state:
what does that mean I can do after 21 days??

After 30 days have passed - what do I do? Trading Standards? Small Claims Court, or both?

TIA for any advice...

Contact TS to see if they will take up your case. If not write to the company and tell them as they have failed in their legal responsibility you will be going straight to the Small Claims Court. How did you pay for the bed? If you used a credit card write to your card company with full details and ask them for a refund.

Regards,
Art.

derrick

Art wrote: »

Contact TS to see if they will take up your case. If not write to the company and tell them as they have failed in their legal responsibility you will be going straight to the Small Claims Court. How did you pay for the bed? If you used a credit card write to your card company with full details and ask them for a refund.

Regards,
Art.

Originally Posted by Jazzking
Evening, will give Consumer Direct a call in the morning but wondered if someone could back me up on this one:
(In brief)

• Bed bought online and paid for by CC

Art_2

derrick wrote: »

Originally Posted by Jazzking
Evening, will give Consumer Direct a call in the morning but wondered if someone could back me up on this one:
(In brief)

• Bed bought online and paid for by CC

OK, write to your card company and tell them you hold them equally liable under section 75 of the Consumer Credit Act.

Regards,
Art.