Faulty Overlocker or not???

SusanSheppard

I bought an Babylock Imagine overlocker (a type of sewing machine) just over a week ago. I spent hours and hours trying to get the machine to sew consistently, but it would not, I contacted the dealer I bought it from (Internet) and they said to send it backwhich
Ii did at a cost of £25.
The seller now has the machine and says it is fine, and that they "assume" the problem is incorrect threading, or a "problem with my thread".
I threaded the machine following the instructions to the letter, and re-threaded umpteen time, and also used three different brands of thread, which made no difference. I again last night read a pdf version of the manual and am now 100% sure the threading was correct. In fact with this model, as the threading is automatic, there is not really anywhere that you can go wrong when threading. The simplicity of the threading is the main selling point of this machine.
The machine is advertised as being able to sew with any type of thread, but the dealer is saying the thread I am using may be to blame
Consumer Direct are saying to reject the machine as if it does not sew with any type of thread despite being advertised to, then this is a latent fault.
Dealer will take the machine back under 30 day return policy but wants a 10% re-stocking fee, which in this case is £70.
I have spoken to other dealers who say that a machine of this calibre, should sew perfectly every time, and think a 10% re-stiocking fee is ridiculous for a machine I had for just over a week.

adam.mt

Write a letter to their chief executive explaining the situation and that the goods aren't of satisfactory quality or as described, thus you'd like your money back. If that doesn't get anywhere then your next point of call is an LBA (letter before action) warning them of your intention to go to the Small Claims Court, which you may have to do if they continue to be stubborn. Should it proceed that far you're likely need an independent report as evidence that the machine doesn't perform as it should; you will need to pay for this, should you win the retailer will be liable for repaying that in addition to your refund.

Good luck.

unholyangel

SusanSheppard wrote: »

I bought an Babylock Imagine overlocker (a type of sewing machine) just over a week ago.
Dealer will take the machine back under 30 day return policy but wants a 10% re-stocking fee, which in this case is £70.

As you're returning due to the item being faulty, this isnt really a huge deal but thought i'd point it out for your own future reference.

From what you've said, you bought a item online and notified the seller of your intent to cancel (and the impression given from your post is that you've also returned the item, not just informed them you will be returning it) within 7 working days.

If this is the case then under DSR, they cannot charge you any restocking fee of any kind. They must refund all monies paid by you. However, they do not have to refund any additional money spent by you to return the item to them - but they must have informed you via durable means (website isnt durable).

Dont mean to complicate matters, just to help you should you ever run into this in future (and for anyone else reading who didnt know).

isplumm

unholyangel wrote: »

From what you've said, you bought a item online and notified the seller of your intent to cancel (and the impression given from your post is that you've also returned the item, not just informed them you will be returning it) within 7 working days.

If this is the case then under DSR, they cannot charge you any restocking fee of any kind. They must refund all monies paid by you. However, they do not have to refund any additional money spent by you to return the item to them - but they must have informed you via durable means (website isnt durable).

Actually the OP said just over a week ago - they have 7 days to reject under dsr ... is that working days or just elsaped days? If so they might still be in time?

Mark

adam.mt

Working days (ie. Monday to Friday).

unholyangel

isplumm wrote: »

Actually the OP said just over a week ago - they have 7 days to reject under dsr ... is that working days or just elsaped days? If so they might still be in time?

Mark

I did say working days And you only have to inform them of your intent to return the goods within those 7 working days, you dont have to have posted and have them receive before this deadline is up.

I say its not really relevant as they may try and stiff OP for return postage (if their T&C's allow it) where with the item being faulty, they OP is entitled to have those costs refunded also.

isplumm

unholyangel wrote: »

I did say working days And you only have to inform them of your intent to return the goods within those 7 working days, you dont have to have posted and have them receive before this deadline is up.

.

Never saw the "working" bit ... I was really asking the question - cause I wasn't sure which applied - working or elsaped?

Mark

unholyangel

isplumm wrote: »

Never saw the "working" bit ... I was really asking the question - cause I wasn't sure which applied - working or elsaped?

Mark

Yeah people often think its 7 elapsed days as many sites/people etc quote it as "you have 7 days to cancel". But in fact, it is 7 working days which gives you that bit extra

isplumm

unholyangel wrote: »

Yeah people often think its 7 elapsed days as many sites/people etc quote it as "you have 7 days to cancel". But in fact, it is 7 working days which gives you that bit extra

You shouldn't be teaching me this stuff ... I should already know .... :eek:

unholyangel

isplumm wrote: »

You shouldn't be teaching me this stuff ... I should already know .... :eek:

Well tbh it is a rather easy one to forget/not pick up on. But glad i could help as that was the intention of my original post on here