Hands free car kit - only getting offered part refund!

gmacdon76

Hi,

In February this year I bought a handfree car kit online which the company fitted and was found, during installation, to be faulty. The company agreed to come out again and fit a different model which again didn't work, this time as it was not compatible with my standard factory-fit car stereo.

Since then the company have been palming me off saying that they are trying to source an adapter cable. That been 5 months and now i've decided enough is enough and I want a full refund, which amounts to £266. The company have said in writing (email) that their best offer is a refund of £180 which i'm not happy with. They say that labour costs are 'non-refundable by law' which I simply don't believe.

I thought I was covered for a full refund under the Sale of Good and Services Act as they have not fulfilled the contract - to fit a working car kit - in a reasonable timeframe.

My Visa debit card provider (Bank of Scotland) say they do not cover this as the original order was more that 90 days ago. :mad:

Am I right in pushing for the full refund, or should I settle at £180 - a loss of £86 through no fault of my own.

(I've raised a case with Trading Standards and I am waiting to hear back.)

Best regards,
Gordon

smcaul

You are correct, they have to offer a full refund. The item was faulty, they supplied the item and the fitting, the alternative that they provided was not suitable therefore they should refund the full amount. Write to them giving them 14 days to refund in full and explaining that you will start small claims court action on the 15th day without further correspondance. Then if they do not pay just take them to court.

gmacdon76

Now they are directing me to their terms and conditions which state 'no refunds are possible on any delivery charges or labour' but I am arguing that they have never supplied what was contracted, i.e. a working car kit.

Are such T&C applicable to this situation?

derrick

gmacdon76 wrote: »

Now they are directing me to their terms and conditions which state 'no refunds are possible on any delivery charges or labour' but I am arguing that they have never supplied what was contracted, i.e. a working car kit.

Are such T&C applicable to this situation?

No, T&Cs cannot take away your statutory rights, in this case Sale of Goods Act, (SoGA), do as mentioned in post #2, they are taking the michael.

wannaberichbtch

Sounds like they are trying it on. A nice crisp summons should bring them round though. Name and shame them on this board.