Online Company threatning to charge me £700 for not returning original packaging

art1st

Hi

I recently bought some hi-fi equipment online and one compenent was faulty. As soon as soon as i started it up it ate a CD, and i couldn't get it out.

I called the company the following monday and they admitted the mechanism was faulty and would send me a replacement to my work address they following day - which they did.

I sent the faulty component back to them in pristine condition in a bag with all the leads cables, manuals and asked the Fedex guy to look after it. I was horrifed to receive a call the next day from the company the next day to say that because the item had not been sent back boxed up in it's original packaging that they would have to charge me for the unit again. It cost me £700....! They also said that the cables, leads and manuals were not with the machine.

I said that at no point did anyone mention returning a faulty item in it's original box and that if i had know i would not have been so stupid as to send it back without it. They pointed me to their website and said that it says on the website about returning an unwanted item properly packaged. However, my item was not unwanted but faulty. I sent a letter disputing their claim and received an email response this morning saying they will be getting back to me shortly about "how best to proceed".

I am really worried they will take the £700 off my card as they have my details. Can anyone advise what my rights are and if they are allowed to charge me for this, or deduct money from my card without my consent?

Thank you.

derrick

art1st wrote: »

Hi

I recently bought some hi-fi equipment online and one compenent was faulty. As soon as soon as i started it up it ate a CD, and i couldn't get it out.

I called the company the following monday and they admitted the mechanism was faulty and would send me a replacement to my work address they following day - which they did.

I sent the faulty component back to them in pristine condition in a bag with all the leads cables, manuals and asked the Fedex guy to look after it. I was horrifed to receive a call the next day from the company the next day to say that because the item had not been sent back boxed up in it's original packaging that they would have to charge me for the unit again. It cost me £700....! They also said that the cables, leads and manuals were not with the machine.

I said that at no point did anyone mention returning a faulty item in it's original box and that if i had know i would not have been so stupid as to send it back without it. They pointed me to their website and said that it says on the website about returning an unwanted item properly packaged. However, my item was not unwanted but faulty. I sent a letter disputing their claim and received an email response this morning saying they will be getting back to me shortly about "how best to proceed".

I am really worried they will take the £700 off my card as they have my details. Can anyone advise what my rights are and if they are allowed to charge me for this, or deduct money from my card without my consent?

Thank you.

The following is from the OFTs A Business Guide to DSRs. they cannot insist on the packaging being returned; -

From page 28; -
Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.


Whilst the above relates to cancelled goods, I cannot see it making a difference to faulty goods, and their T&Cs cannot take away your statutory rights, if they persist inform them that you will be contacting Trading Standards, and do so, in fact do so any way as they are attempting to take away consumers statutory rights!

pinkshoes

I would write back to them immediately, recorded delivery, showing them a copy of the above, and tell them that having spoken to trading standards (give them a ring!) you would like a full refund of £700 or a replacement unit within 14 days.

Tell them that if they fail to comply, you will be starting a small claims court procedure to get your money back.

Keep it polite but be firm!

cajef

pinkshoes wrote: »

you would like a full refund of £700 or a replacement unit within 14 days.

Erm! if you read the OP's post they have already sent her a replacement, but they are now threatening to charge her again as she did not return the first one in it's original packaging, whether they can do that I am not sure, no doubt someone will be able to give us the legal position.

LinasPilibaitisisbatman

If the company didnt get it all back then I'd suggest they are entitled to claim some money for leads and packaging etc. Certainly not the full £700.

Throwing away all the packaging for a brand new expensive stereo doesnt seem right.

pinkshoes

cajef wrote: »

they are now threatening to charge her again as she did not return the first one in it's original packaging, whether they can do that I am not sure, no doubt someone will be able to give us the legal position.

They definitely can't do that! (See info in post 2 by derrick...).

if the cables were missing, they need to be returned too.

tbw

pinkshoes wrote: »

They definitely can't do that! (See info in post 2 by derrick...).

if the cables were missing, they need to be returned too.

The OP says he did return all the cables etc in the bag with the faulty unit. The company says they were not in the bag. Seems a bit of a stalemate on that one but if it was me, I would expect the company to believe me and admit that possibly they were lost at the company end.

LinasPilibaitisisbatman

If the OP hadnt received them in the first place would you expect them to believe the company had sent them and admit they lost them?

The OP should have taken more care to provide proof it was sent.

bookworm1363

Send them back the box in which the second unit came. Problem solved.

hippyadam

art1st wrote: »

I sent the faulty component back to them in pristine condition in a bag with all the leads cables, manuals

He has already returned them, i agree with others who say give TS a call :money: then write to them recorded delivery disputing their claims, if your really worried they'll take £700 from your card you could call the bank & cancel it....

They are trying to take the mickey by the sounds of it, don't let them get away with it!!

art1st

Thanks to all who responded - very helpful.

The first thing I did was send a registered letter saying that I called TS Consumer Direct and quoted the Sale of Goods Act 79. They have emailed back acknowledging receipt of letter saying thay would be in touch shortly with "how best to proceed".

I have cancelled my bank card so I they wont be able to take any money from that.