Halfords, oswestry store- beware of them!!!!!

Hi,
earlier today i was in my local Oswestry branch of Halfords buying some wheel trims when the man next to me bought back a power washer that he had purchased two weeks previous.
He explained how it worked just once and then had stopped working completely. I was shocked to hear the young store assistant manager explain how he needed to send the power washer back to the manufacturer for repair and then the customer could come and pick it up. I couldn't help but, with the customer's permission, intervene.

I mentioned to the assistant that, surely, under the Sale of Goods act the man was entitled to a refund. The assistant denied this and said that "because this item is not under the 28 day money back guarantee it has to go for repair". I explained that if it is faulty and the man has his receipt (he did) then he was entitled to a full refund or replacement item, especially as it is under such a short period of time.
Again, the assistant disagreed and said he would have to wait for the manufacturer to look at the fault and repair it, i once again explained that, as far as the customer is concerned, it is nothing to do with the manufacturer as he bought the item in good faith, it turned out to be faulty, therefore he should be offered a refund or replacement. The assistant again denied this.

I said "Are you saying that you will not refund the customer?"
He replied "Im not saying that..."
And so i left the store after telling the man he could indeed get a refund.

Later, i rang the store to ask what would happen if i were to buy a power washer but to return it faulty. The same assistant said repeatedly that "the process i would follow is to send the item back to the manufacturer for the fault to be fixed".
I said "Yes i know you will follow that particular process but are you saying you would refuse to refund me?"
He said "Im not saying that, im saying i would send the item back!
Sensing what he was insinuating, i said "So what if i wanted a refund and was unhappy with the idea of you sending the item back and me having to wait for it to be repaired?"
He then said "If you were unhappy with this then i would then explore the other options available".
I said "Which are?"
He said "A refund is one of those options".

I said "Just out of interest, did you make the customer, who earlier bought back the power washer, aware that this was an option?"
Then the assistant refused to answer this question SEVEN times!!

He even said "I would have if you hadn't stuck your nose in"
And i said "But that is EXACTLY what i was asking you!!"
I then said "I actually heard the man say to you 'I may not want a repaired power washer' but still you didn't make him aware of his options"!!

I then spoke to the manager of the store who, quite abruptly, explained that unless a customer specifically complains that he/she is unhappy with the idea of getting the item repaired the no, they were not told that an option was to have a full refund"!!

Now, how many other customers haven't been told that actually a refund WAS an option open to them?
Not many, judging by these crooks!!

YOU HAVE BEEN WARNED!!!!

Ps- please dont see this as me getting involved in other people's business as all i was trying to do is stick up for consumer's rights!

Pps- is this method of 'not telling the customer his options/rights unless he complains further' actually legally fair?
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Comments

  • Barneysmom
    Barneysmom Posts: 10,134 Ambassador
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    You were completely right, I'd have done exactly the same as you.
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  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You were being a busy body and you were completly wrong, sorry to burst your bubble but within the first six months the retailer has the option to send the item back to the manufacturer for repair, within a resonable time frame. The law in still unclear as to what reasonable is.
    Please show me anywhere in the soga that points to the 28 day money back.
    28 days is what most of the big retailers offer but that is their own terms and not everywhere.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    https://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/electrical/

    "If you have bought an electrical or gas appliance, it must be of satisfactory quality, fit for its purpose and as described.

    When an item doesn’t meet some or all of these conditions:
    If you have only used it a few times or haven’t had a reasonable opportunity to check them, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement."
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
    If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.
    In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired – and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
  • bob_dob
    bob_dob Posts: 432 Forumite
    edited 2 January 2011 at 9:33PM
    if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
    I would say that a power washer that doesn't work is a bit more than 'minor'!

    Also, are you saying that what Mojisola has stated is incorect?


    Also, Bris:
    Please show me anywhere in the soga that points to the 28 day money back.
    28 days is what most of the big retailers offer but that is their own terms and not everywhere.
    My point EXACTLY!!!! It was the assistant that said this, NOT me!!!
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Too many if's buts and maybes in the soga this is why shops get away with poor customer service. Please note the word "PROBABLY" in Majisola's post so possibly not then.
    Again this is how the retailers are able to shirk their responsibilities and muck us about.
    bob_dob wrote: »
    I would say that a power washer that doesn't work is a bit more than 'minor'!
    What if it's just a fuse, or a faulty trigger this would be classed as minor and easily repaired, so a trip back to the manufacturer to find out is legal under SOGA.
    And finaly you are the one who said it's illegal not to give him his money back, but thats not true, they have the right to repair or repace. Tbh most big stores would refund in this case but they don't have too, Halfords are one to be avoided from now on for me though, so thank's for pointing out their shoddy terms.
  • aheaton46
    aheaton46 Posts: 377 Forumite
    bris wrote: »
    You were being a busy body

    Yes, how dare the OP step in to assist someone. Next thing we know they'll be helping people who fall over on the pavement, or picking up items of shopping for an elderly neighbour. And then where would we be?
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    edited 3 January 2011 at 12:00AM
    Unfortunately, you were partially in the wrong, As mentioned the customer would only be entitled to a refund if the fault occurred in a reasonable period. Which again, as mentioned is unclear. So you had no authority to say this was or wasn't the case, making most your argument pointless unless your a district judge or recorder.

    If past this period a consumer is entitled to a remedy in the form of repair, replacement or refund (may be partial). Technically the consumer may choose BUT in reality its the shops choice as the remedy should not be of disproportionate cost I.E. The cheapest in most cases.

    This issue with the is that firstly the consumer doesn't know the cost of each option, leaving them with little evidence to argue with to choose another option but secondly and more importantly, it means that usually, repair or replace are by default the first and only option given as they are usually the cheapest.

    In future I'd stay well out of the way. But if you feel compelled to intervene, be far more polite. Its not as if the assistant had made the rules, heck he probably doesn't know the law, its unfair to assume he would. Hes just following what his employers have told him and pay him to do. If you have beef, take it up with HO.

    Also make sure you know the law fully yourself, a little knowledge can be a dangerous thing.
    Back by no demand whatsoever.
  • toffe
    toffe Posts: 431 Forumite
    the problem with the S.O.G.A is that its too vague and open to interpretation.

    i think you were wrong and the sales assistant was in the right for the most part, its understandable that the assistant didn't want to say they wouldn't refund, no retailer wants to say they wont refund customers who buy faulty items, i think what he was, rather diplomatically, trying to say was it was not their first choice course of action in such circumstances. i don't think that is against the SOGA.

    a lot of major retailers offer 28 day money back schemes but consumers need to realise that this is a courtesy and not a right.
    ......"A wise man once told me don't argue with fools because people from a distance can't tell who is who"........
  • bob_dob
    bob_dob Posts: 432 Forumite
    Hi all,
    Thank you for all your comments. Thank you too bris, i take your point/s.

    I think, having calmed down, that my main 'gripe' is the fact that Halfords (this branch anyway) admitted that they would refund customers who suffer faulty goods.......but only if they specifically point out that they are unhappy at having to accept a repaired item (that they have only just paid the full amount for).
    And using today's incident as an example, there is no guarantee that they will even if the customer does point out that he is/will be unhappy at accepting a repaired item!

    I think most people would readilly agrree though that the vast, vast majority of companies would reimburse a customer who, only two weeks earlier, had bought a working item only for it to stop working after one go!!
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