Advice needed asap on returned item

thecookiemonster_2

I have emailed Consumer Direct today so i will see what they say, I have not heard from the company since last week.

This company said to me last week,

As the unit has not been returned in as new condition and also with missing packaging we will not unfortunately be able to offer a full refund for the item, it would be subject to an admin fee of 25%

So in that email they are more or less saying or implying that they would refund but would charge an admin fee of 25% which is almost £100 but I am already aware under the OFT's guidelines that the company cannot charge an admin fee.

I did inform the company that If I did not receive a favourable response from them by Wednesday 12th August 2009 then I would be complaining to the OFT and Trading Standards so I will have to see whether I do get a favourable response by Wednesday.

If not then I will be sending complaints to the OFT and Trading Standards, I will then give them another 14 days to refund me otherwise I will have no choice but to take the matter to Court.

inspace

I have used Aria many times and never had a problem and in fact I am amazed at what im reading for such a long standing company - I for one will boycott them until this is resolved and having recently pointed my sister in their direction (she bought a PC) will ask her to do the same. I cant recall exactly but im a customer of about 15 years bought my first big purchase from them at the Manchester trade fair.

I do hope they are reading this and that others will do the same.

thecookiemonster_2

Thank you for your message inspace.

If they had have just refunded me in full then there wouldn't be any problems and I wouldn't have had to seek help and advice from consumer forums such as this one and others.

I have not done anything wrong and I don't understand why the company refuse to refund me, I just want the matter resolved, But why should I back down or give up when I have rights?

As soon as I receive my money back in full then that will be the end of the matter.

inspace

The admin fee sounds ridiculous to say the least - if it wasnt what you wanted and you returned it as you recieved it then full refund it should be.

thecookiemonster_2

If you google Aria Technology Ltd and Trading Standards you will find a lot of comments from people who have had problems with this company, They seem to have been reported to Trading Standards a few times and according to this person who posted this thread on the link below:-

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/88669-beware-aria-technology-ltd.html

faithless

Send them a letter by Recorded Delivery informing them that their offer of a 75% refund is unacceptable, and they are to take this letter as notice unless you recieve a full refund within 10 working days you will be issuing action against them in the County Court for a full refund plus any additional costs you incur plus inconvenience.

Ring your local County Court, found here: http://www.hmcourts-service.co.uk/ and ask for a claim pack to be sent out to you. If no refund by deadline, fill in claim forms, stating you're claiming a full refund as per your DSR rights, pay the court fee (it will be something like £50), and sit back and watch what happens. If it goes to court, print off every bad review etc of the Co from CAG to back you up.

dmg24

faithless wrote: »

Send them a letter by Recorded Delivery informing them that their offer of a 75% refund is unacceptable, and they are to take this letter as notice unless you recieve a full refund within 10 working days you will be issuing action against them in the County Court for a full refund plus any additional costs you incur plus inconvenience.

Ring your local County Court, found here: http://www.hmcourts-service.co.uk/ and ask for a claim pack to be sent out to you. If no refund by deadline, fill in claim forms, stating you're claiming a full refund as per your DSR rights, pay the court fee (it will be something like £50), and sit back and watch what happens. If it goes to court, print off every bad review etc of the Co from CAG to back you up.

Most people issue small claims proceedings online nowadays, no need to get a claim pack. Also, reviews from other people are not relevant to the OP's case, unless they can be backed up by fact. Even then they are only indicative of other negative experiences, which could be counterbalanced by positive reviews presented by the retailer.

OP, if you send a Letter Before Action to the retailer, I would hope that their legal team would advise to reimburse you the outstanding amount. If it does go to hearing, it is difficult to say which way the case would be decided, as it is very much your word against theirs. All that you can do is describe how you took good care of the item, both whilst it was in your possession and when you returned the item to the retailer, and hope that the judge rules in your favour.

thecookiemonster_2

faithless wrote: »

Send them a letter by Recorded Delivery informing them that their offer of a 75% refund is unacceptable, and they are to take this letter as notice unless you recieve a full refund within 10 working days you will be issuing action against them in the County Court for a full refund plus any additional costs you incur plus inconvenience.

Ring your local County Court, found here: http://www.hmcourts-service.co.uk/ and ask for a claim pack to be sent out to you. If no refund by deadline, fill in claim forms, stating you're claiming a full refund as per your DSR rights, pay the court fee (it will be something like £50), and sit back and watch what happens. If it goes to court, print off every bad review etc of the Co from CAG to back you up.

Thank you for your post faithless.

I have already given them 7 days to respond favourably, That 7 days ends tomorrow.

I have Informed them via email and by letter sent recorded delivery.

I've Informed them that I shall be Informing the OFT and Trading Standards of this matter if I do not receive a favourable response.

Also I have Informed them that they will get another 14 days to refund me in full before the matter goes to Court.

I have every intention of taking the matter as far as possible and to Court if required if that's the only way to get my money back.

thecookiemonster_2

dmg24 wrote: »

Most people issue small claims proceedings online nowadays, no need to get a claim pack. Also, reviews from other people are not relevant to the OP's case, unless they can be backed up by fact. Even then they are only indicative of other negative experiences, which could be counterbalanced by positive reviews presented by the retailer.

OP, if you send a Letter Before Action to the retailer, I would hope that their legal team would advise to reimburse you the outstanding amount. If it does go to hearing, it is difficult to say which way the case would be decided, as it is very much your word against theirs. All that you can do is describe how you took good care of the item, both whilst it was in your possession and when you returned the item to the retailer, and hope that the judge rules in your favour.

Cheers for your message.

OFT Guidelines state clearly that the company must refund in full within a maximum of 30 days, I bought the item almost 2 weeks ago.

Due to the OFT Guidelines I would be confident of having a strong case should the matter go to Court.

The OFT Guidelines say the following:-

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.

thecookiemonster_2

jackg66 wrote: »

Thanks for that SPAM.

SPAM? Excuse Me!! Do you actually know the meaning of SPAM? Why post if you have nothing interesting to say??!!!