Hitting brick wall with company - help please!

RoxieW

Just to update - sent off letter but have had no response written or otherwise? So that now? How much will it cost me to take them to the small claims court? What if for some reason I lose - could I end up losing alot more money? We have baby due Feb and unfortunately cant afford to risk losing more money on top of the near £200 we've paid for this faulty tap!

Hi all - am hoping someone more knowledgeable can help me with this.
Purchased a tap online 4th Dec - it was delivered after stock issues and 20th Dec, the day after my kitchen fitters had broken for xmas. Stupidly, I didnt inspect it. Kitchen fitters are now back, come to fit the tap and there is a noticable chip on the front. Not best pleased as this was a £200 designer tap! Anyway, so I call them and they say tough luck you didnt inspect within 24hrs. Fair enough, doesnt seem much I can do so the kitchen fitter carries on only to find that he cant fit the tap because of a missing piece. So I phone the manufacturer for spares to be told that they dont have spares - the piece should be attached to the body of the tap. So there are pieces missing and the tap is impossible to fit. There is also no parts inventory and no diagram showing the missing part so even if I had inspected it within 24hrs I would have had no way of knowing that there was a piece missing - not being a tap expert! So how do I approach this with the very unhelpful supplier? Should this be cut and dried for a refund under the sale of goods act? If they refuse what should I do?
Many thanks

nesssie1702

Give Consumer Direct a phone on 0845 4040506, they'll be able to advise you

blueberrypie

Yes, it should be straightforward under SOGA: the tap is not fit for the purpose for which it is sold. The retailer cannot exempt itself from the law by placing additional requirements like "must inspect with 24 hours". A strongly-worded letter to the retailer would seem in order, pointing out its responsibilities under SOGA and with a copy sent to their local Trading Standards Office.

If you paid by credit-card, you also have protection through the credit-card company, as the item was over £100. If you fail to get anywhere with the retailer, that would be the next step.

red

the way the company has so far responded does not sound great which would make me a little concerned about getting it sorted in a timely manner...if I were you, I would open a dispute with your card provider asap...

RoxieW

hi thanks for the responses.
Unfortunately I didnt pay by credit card - I paid debit. Situation has gone from bad to worse - I have never encountered such appalling customer services as this company! Called them back and they said they would get the spare part from manufacturer (despite maufacturer already telling me that they dont have spares, that the part should be integral), but it would take a few days to sort out. So I said that as my kitchen fitter would only be with me till the end of the week I'd rather have a refund if possible and get a tap elsewhere (bearing in mind, a few days turned into 16 days between ordering and delivery). So they say, ok, send it back and you can have a refund minus 25% restocking charge and whatever else reduction we see fit because the item is damaged - lol - it's damaged because you sent it to me damaged!!
So I call Consumer Direct who advised that under SAGO we should be entitled to at least an undamaged replacement, but should try for a refund. The the 'restocking' fee is unlawful and that the onus is on them to prove that the tap wasnt damaged when sent out, rather then assuming so.
So I call them back, relaying the information, and get put onto a manager with an extremely defensive and rude manner - bearing in mind I've been nothing but patient and polite thus far. She rubbishes what consumer direct have said, stating that I've had 15 (!!!! - her incredulous tone) days to report a fault/damage and its too late. But, i explain, how could I report this fault when there's no paperwork/itenary or diagram to indicate the fault? Fine, she says, send it back but because of the chip you reported we will only give you a 25% refund as you're returning damaged goods (she backtracked on the restocking fee). Yes, damaged because you sent them damaged. So we go round in circles.
In the end she says to email her a photo and she'll determine with the manufacterer whether she can get a spare part sent out (as she seemed to believe). But I dont want a spare part sent out - that still leaves me with a chipped tap. I want a new tap, unchipped and undamaged - or, preferably a refund so that I dont have to have further dealings with this company and can take my business elsewhere.
Any further advice?

blueberrypie

Here's what I'd do: I'd send them a letter, recorded delivery, stating what had happened, what they'd said to me over the phone, and what Consumer Direct had told me. I'd include a link to the Sales of Goods Act on-line. And I'd tell them that unless I received a full refund within a certain time (14 days or something - I'd be specific), I would be filing a claim with the County Court on the Small Claims track.

Given how dreadful their response to this all has been, I'd go and get the claim form from the court, fill it in, photocopy it and send them the copy. The Court would send them a copy after the Claim was filed anyway, but if a company sees that a customer is serious enough to go and get the form and fill it in, they might just decide to cough up before it costs them even more (cost of filing claim with court, cost of getting kitchen fitter back, etc - they'd be liable for all of that if they lose - and if what you've said is accurate, I can't see how they could win).

RoxieW

Thanks - am just so annoyed about this and at 36 wks pregnant and ill with it, it's all I need!

Michael_Nottingham

RoxieW wrote: »

Thanks - am just so annoyed about this and at 36 wks pregnant and ill with it, it's all I need!

Rosie - don't get annoyed just get even! The Small Claims process is really easy. Don't let them get away with it.

RoxieW

Thanks for the advice all - am sending off the letter today and if they dont respond with refund within 7 days I'll take this further. It's about the principle now as tbh I feel conned! They send me a faulty tap that is also damaged - but because of the damage they will only refund 25% of faulty tap? Seems like a con based on the fact that some people (like me, unfortunately) will not check goods and report back to them within their 24hr deadline. Though, even if I had checked it, I wouldnt have known that there was a part missing until fitting.
Will report back.

direwolf247

If you bought it online you would have been able to return in within 7 days no fee other than postage under the Distance Selling regulation and the 7 day cooling period. Thats the Law.

As for now you should be entitled to the short term right to rejcet as the item is not for for purpose

RoxieW

Hi there - do you have a link for more info on this. I've read that I should have a 30 day right to reject - is that by law or can retailers opt out of it?
Also, they took the payment from my on the 5th Dec - despite them not dispatching the item to the 19th - is this allowed?