Should i get a refund?

carl310166

Appologies,if this post is in the wrong place.

I am having a problem with Littlewoods home shopping at the moment,and would like some advice please.

Unfortunately,my mother passed away on the 23rd Dec.

She had bought a present for my sister,and on opening the present on Xmas day,the item turned out to be faulty.

I rang Littlewoods to inform them of my mothers death,so they could close the account etc,and at the same time told them about the faulty item.They asked if i wanted a refund or an exchange,i asked my sister (who had to think long and hard about it,due to the circumstances),we decided on a refund.

I returned the item to Littlewoods on the 27th January.

I rang them on the 15th Feb,to make sure they had received it,they said that they could not trace the item without proof of posting,which i didn't have,and anyway it didn't make any difference,as i was told they had a 35 day refund policy.

I explained that the item could not be tested before Xmas day etc,but the guy was not interested.

I have written a letter this morning,which i will post on monday,but surely we are entitled to a refund if the goods are faulty,what would have happened if it developed a fault in 6 months time.

We would value your opinions even if they are not favourable.

The value of the goods involved is £99.

Thanks in advance.

Trow

Under the sale of goods act if the goods are not fit for the purpose as described then you are entitled to a refund - this is a statutory right and the shops own policy is irrelevant.

carl310166

Thanks,i think i will edit my letter to include your quote.

I was in two minds wheather to write a "nice" letter first,though.

derrick

If goods are faulty within the first 6 months it is up to the seller to prove the fault was not there when they were sold and not for you to prove it was.

A guide to distant selling regs HERE

The 6 month rule is mentioned HERE at the bottom of page 2

Patr100

Sorry about your mother, you could obviously do without such hassle .

The main problem is that they don't seem to have received the faulty item, and so until they do, it is difficult for them to be expected to refund, even for a no quibble -changed your mind type guarantee - even if the item is perfect. They are entitled to receive the item before refund, otherwise anyone could claim a refund and keep the product. Unfortunately it is down to you to ensure the item is returned but if it is lost you only have the unappealing option of trying to claim some insurance from the Royal Mail for the value of the item , but you must take this out before you send. However, the 35 day policy by Littlewoods is arbitrary and unenforceable by law in my opinion. so you could and should still claim IF it appears later.

carl310166

The problem with not having a proof of posting is that i work for Royal Mail,so i just took it into work on the night shift,in hindsight,i should have taken it to the local Post Office.

I just think it's a bit strange they need the proof of posting just to let me know if it's been received back to them.

Patr100

I think the proof of posting usually has a PO date stamp and serial number on it so it shows at least that you sent something to them even if they didn't get it. Maybe, even if not received they could then under the circumstances, refund at their discretion.It is still possible they have it but perhaps can't identify the package without the POP label - or have lost it!