Dyson faulty within two weeks - Dyson want to charge me to collect it

hesjane

Hi all

I bought a Dyson handheld cleaner directly from the Dyson website. It was a refurbished item sold with 1 year warranty. Within two weeks of purchase (I ordered it on 12 July 2009 and it took a few days to arrive so I've had it less than two weeks now).

I phoned Dyson customer service and explained the problem and said I wanted a refund - not repair or replacement as I now had little faith in their refurbished items. Dyson advised me they will give me a refund but will deduct £7.50 for the courier charge to return it to them. Can they do this?

The item worked about 5 times (so actually ran for less than 30 accumulative minutes as it only lasts for 6 minutes when fully charged). Now it powers up and packs up before you have the nozzle to the dirt:mad:

I feel highly aggrieved that they want to charge to return a faulty item, especially one that is faulty within such a short space of time. Does anyone know if they are allowed to do this....and more importantly if they are not can you point me to the legislation which says they can't.

Thanks for any advice.

deanos

SueSueSue wrote: »

Reject it under DSR.

Can only charge if terms clearly stated the return charge.

DSR is 7 days , OP has had it 2 weeks :rolleyes:

olly300

The sale of goods act only mentions repairs and replacements, so search the forums.

There was a poster who took a company to the small claims court because they wanted him to pay for the return postage to return a faulty item.

The judgement basically ended up with the poster returning the item without paying the postage but it took several months.

Leo2020

Forget Distance Selling Regulations as you are not returning it because it is unwanted.

As you are returning it due to a fault they should refund you in full including any collection charges. By allowing you to return the Dyson they are terminating the contract and should therefore but you back into the position you were in before the sale. You weren't £7.50 down before you purchased the Dyson therefore you shouldn't be £7.50 down afterwards.

olly300

Leo2020 wrote: »

Forget Distance Selling Regulations as you are not returning it because it is unwanted.

As you are returning it due to a fault they should refund you in full including any collection charges. By allowing you to return the Dyson they are terminating the contract and should therefore but you back into the position you were in before the sale. You weren't £7.50 down before you purchased the Dyson therefore you shouldn't be £7.50 down afterwards.

Fine in theory but in practise the OP is highly likely to be up for a fight.

OP, work out how much it's going to cost to call them and decide whether it's worth asking politely for them to waive the charge mentioning the SOGA, as if your call with waiting time is going to cost you £4 and half an hour of your time then it's cheaper to just pay up.

However if you are really prepared for hassle then if after you have called them and if they refuse to waive the charge, write a polite letter sent by recorded delivery threatening to take them to court for breach of the SOGA stating that they will be liable for all costs. Also state you will be reporting them to Trading Standards. This you can do by email http://www.tradingstandards.gov.uk/ ( Put in your postcode)


I've had lots of experience of companies losing even my recorded delivery letters, which doesn't bode well for them when I threaten and do actually have to report them to their regulators. (Strangely I've not had to take a company to court yet though I've threatened it.)

You don't have to use recorded delivery but as the post office is impartial then you can easily show the regulator or a court, that the company is lying particularly if you can get a copy of the signature of the person who signed for it.

hesjane

olly300 wrote: »

However if you are really prepared for hassle then if after you have called them and if they refuse to waive the charge, write a polite letter sent by recorded delivery threatening to take them to court for breach of the SOGA stating that they will be liable for all costs. Also state you will be reporting them to Trading Standards. This you can do by email http://www.tradingstandards.gov.uk/ ( Put in your postcode)

Just checked the link you gave for trading standards and they are in the same council offices I work in so I will email them via the staff (council) email system in the morning and ask the question.

If, at the end of the day, I have to pay the £7.50 I will write to Dyson and make it clear they have lost a customer. I have always bought Dyson since it came out - vacuum cleaners, washing machine and now handheld cleaner. My first experience of customer services has not been pleasant and so I will not be returning. Their loss (only a little loss maybe but each person they treat like this will soon mount up:cool:).

prowla

I've never quite understood what "refurbished" means (I know furbish is the language spoken by those annoying furbies though!).
But trying to tap you for return postage for an item that has lasted two weeks of a year's warranty is just plain pathetic.

derrick

As the goods are faulty you do not have to pay for their return, see Sale of Goods Act 1979 ; -

48A Introductory

(1) This section applies if—

(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b) the goods do not conform to the contract of sale at the time of delivery.



48B Repair or replacement of the goods

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or


(b) to replace the goods.


(2) If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;


(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).