OK, where do I stand?

MickKnipfler

gyzmo wrote:

That is correct. If you buy something, your contract is with the seller, not whoever made it. If you do try and return an item to a seller and they ask you to return it to a manufacturer, do not accept it. They are merely trying to avoid their legal obligations.

I went through that loop first. They tried to palm me off and I insisted that although the manufacturer held the warranty, it was the retailer's legal obligation to repair or replace the produdct. I took it to the shop and they sent it to the manufacturer who replaced it......that's not the issue thiough. Now they've lost it and I want a replacement without waiting for an insurance claim to be settled.

gyzmo

I would refer the matter to Trading Standards or Consumer Direct (if it has rolled out in your area). Whether a repair / replacement or refund is offered will depend on several factors, mainly age and fair wear and tear (for which a replacement or repair is usually considered reasonable). If it is less ten 6 months old, then you would have been well within your rights to demand a refund. The problem, as always, comes in enforcing your rights, which is very difficult once they have your money and you have a broken item (or nothing at all in your case unfortunately).

In your situation, they have accepted that the goods contravene Sale and Supply of Goods legislation (and otehr related statutes). the fact they they have lost it is their problem, not yours. And it is not reasonable to expect you to wait for a claim to be settled. The loss is theirs alone, and you should take action now.

MickKnipfler

I've emailed them twice now to that effect....

gyzmo

If you have left a reasonable amount of time for them to reply, then I think Trading Standards will likely take an active role, seeing as you have tried to resolve this yourself (they like people helping themselves before taking action). Hopefully, a call from them will scare the shop into refunding your money.

MickKnipfler

I had another email today saying that the person dealing is away for the rest of the week. They will contact me again next week when they've heard from the carrier.

I guess if the carrier maintains that it WAS delivered then I'm part of the equation (even though I can prove that I wasn't at home)

Coupon-mad

MickKnipfler wrote:

I had another email today saying that the person dealing is away for the rest of the week. They will contact me again next week when they've heard from the carrier.

I guess if the carrier maintains that it WAS delivered then I'm part of the equation (even though I can prove that I wasn't at home)

I wouldn't accept that, why should you have to wait any more, you seem to have been very patient with them when clearly someone has forged your signature.

I would defo phone Trading Standards or Consumer direct tomorrow morning and let them follow it up for you. You should also keep a record of your out-of-pocket expenses in resolving this issue (phone calls, travel, 'time & trouble' and think about what level of compensation you may be prepared to accept under the circumstances, along with your full refund of course).

MickKnipfler

Got this today...

"Just leave it with us. The matter is been dealt with. The formal investigation is going on and there are various authorities involved in it. The end decision will be taken by management. I can’t say anything yet. Where you have waited such a long time, have patience for another two weeks. We will keep you informed."

gyzmo

The comment made to you may well be true, but are more likely to be a delaying tactic.

I would not wait further. they think they are on a ride, and you seem happy to be going along with it. Put the brakes on now and contact Trading Standards. Like I said before, you have tried sorting it out yourself, and the TSOs will like taht and be more likely to take direct involvement.

Do not allow the ride to go any further.

MickKnipfler

I logged on to the Watford Trading Standards Website and was re-directed to Consumer Direct. I raised a query with them..........

Coupon-mad

MickKnipfler wrote:

I logged on to the Watford Trading Standards Website and was re-directed to Consumer Direct. I raised a query with them..........

Do let us know the outcome on this thread, even if it takes a while... thanks!