T J Hughes - Faulty Goods Refund

Tess07956

I purchased an item from the company prior to them going into administration. Having had to wait for missing items to turn before it could be constructed, the item when constructed is now faulty. I would like a full refund (as if I accept a replacement and it goes faulty aswell I have no where to go to get help, spares, repair or another replacement) -am I entitled to one?

This is what the administrators say in their blurb

Goods purchased prior to our appointment
Please note that goods purchased prior to the date of appointment are eligible for a like for like exchange up to the value of the goods (assuming the goods are returned in a saleable condition), however, no refund can be given.
This excludes customer orders for uncollected goods, for which no exchange or refund can be given.

unholyangel

Did you pay cash or by card?

visidigi

makes no difference how they paid, the terms are pretty clear, they are entitled to an exchange up to the value of the goods (which is worth more now anyway as there is a discount on all stock) - the OP can't do a chargeback as the company (administrator) is not stopping a return, just that the option they are offering is not ideal for the OP

shaun_from_Africa

the OP can't do a chargeback as the company (administrator) is not stopping a return, just that the option they are offering is not ideal for the OP

I disagree.
The administrator is not stopping a return, but they are attempting to limit the OP's statutory rights.
The SOGA clearly states that if goods are faulty at the time of delivery or within a reasonable time afterwards, then the consumer is legally allowed to cancel the contract and get a full refund.

The smallprint in the TJ Hughes website states that they still have SOGA rights.

The bit of text qupted by the OP is obviously for change of mind returns as it states that goods must be returned in a saleable condition, something which can't be done if they goods in question are faulty.

Returns & refunds

Goods purchased prior to our appointment

Please note that goods purchased prior to the date of appointment are eligible for a like for like exchange up to the value of the goods (assuming the goods are returned in a saleable condition), however, no refund can be given.

This excludes customer orders for uncollected goods, for which no exchange or refund can be given.

Goods purchased after our appointment

Please note that for goods purchased from the date of appointment onwards, we will only give refunds on goods which:

Are faulty or not of satisfactory quality; or
Are not fit for the purpose for which they were sold; or
Do not correspond with their description or price indication; or
Do not correspond with the sample on display
AND

Are returned within a reasonable time; and
Are accompanied by a valid receipt or other proof of purchase
If goods are returned for any other reason, refunds or exchanges will be at the discretion of the store manager, however, please note that customers are not entitled to a refund if:

they have simply changed their mind; or
they have damaged the goods after they have purchased them; or
they were aware of any defect prior to purchase.
This does not affect customers’ rights under the Sale of Goods Act 1979.

davec1960

shaun_from_Africa wrote: »

The SOGA clearly states that if goods are faulty at the time of delivery or within a reasonable time afterwards, then the consumer is legally allowed to cancel the contract and get a full refund.

The problem for the OP is that the company that he formed the contract with is in administration and cancelling and asking for a refund may make him an unsecured creditor and unlikely to get his money back.

If he has paid by at least £100 by credit card then cancelling and claiming from the CC company under S75 may be an option.

shaun_from_Africa

I totally agree dave.
My post was in response to the one from visidigi who stated that a chargeback wouldn't be an option.

I still think it's worth asking at the store for a refund and pointing out that the administrators state that customers still have SOGA rights which entitle them to a refund.
If this fails, then a credit card claim should be considered.
(either a S75 one for goods over £100, or a chargeback for a figure below this)

unholyangel

visidigi wrote: »

makes no difference how they paid, the terms are pretty clear, they are entitled to an exchange up to the value of the goods (which is worth more now anyway as there is a discount on all stock) - the OP can't do a chargeback as the company (administrator) is not stopping a return, just that the option they are offering is not ideal for the OP

Actually it does. If a company goes into administration and you paid by credit card and the cost exceeds £100 (even if you have only paid a deposit by card) then you are covered for the full amount.

It gives you the same rights from your cc company as you would get from the retailer. ie refund. replacement, repair.

Terms can say all they like. Statutory rights override terms and conditions. Even if a reasonable time has passed, if the store cant provide a replacement or repair, they should give a refund (could be partial depending if the OP had use of the products).

A "credit note" (which is effectively what the op thought they were offering but now we know might not be the case thanks to shaun) isnt a refund, replacement or a repair. You do not HAVE to accept a credit note.

visidigi

yep, you right, looking at the thread again and looking at the TJ Hughes page this time i got it wrong - sorry about that :-/

unholyangel

visidigi wrote: »

yep, you right, looking at the thread again and looking at the TJ Hughes page this time i got it wrong - sorry about that :-/

We all make mistakes! Whether we can admit them or not is a different matter so i respect and appreciate your reply! :beer:

shaun_from_Africa

this time i got it wrong - sorry about that :-/

You'll never become Prime Minister with an attitude like that!

unholyangel

shaun_from_Africa wrote: »

You'll never become Prime Minister with an attitude like that!

If only politicians had an attitude like that we might trust them more!