How to report Sale of Goods Act infringement?

PTurner_2

Back in February, I disputed the quality of a memory foam topper that was sold to me. It's density was about 50% of the claimed amount. After sending out letters outlining my rights under the sale of goods act, I was eventually refunded the value of the mattress. I was not, however, refunded the £20 postage I paid to return the item. Given the time that has passed, they clearly aren't intending to refund me. I realise I'm not going to get the money back, but I was wondering if there was a way to report the company in some way? I have a case number with Consumer Direct, would they be interested to know the final outcome of the dispute?

Many thanks!

visidigi

CD pass the case on to local trading standards adn they decide if they will follow up on the issue - its not something you can force them to dofrom what they have advised me in the past...

paddyrg

You can also sue them through small claims court for the £20, should be an open and shut case.

Flyboy152

paddyrg wrote: »

You can also sue them through small claims court for the £20, should be an open and shut case.

In reality, it shouldn't get as far as going to court. When the summons lands o their mat they are likely to wake up and settle the debt.

Was the item bought using a credit card? If so, a quick call to your card issuer should settle the dispute via section seventy-five of the consumer credit act (as long as the claim is within the time limits). If it was a debit card, a similar resolution is open to you.

PTurner_2

Flyboy152 wrote: »

In reality, it shouldn't get as far as going to court. When the summons lands o their mat they are likely to wake up and settle the debt.

Was the item bought using a credit card? If so, a quick call to your card issuer should settle the dispute via section seventy-five of the consumer credit act (as long as the claim is within the time limits). If it was a debit card, a similar resolution is open to you.

The mattress toppers were bought with a credit card, but individually they were less than £100, and in any case they refunded that purchase. It's my postage costs in sending back their goods (a seperate transaction through a delivery company) that they've not refunded, so I'm not sure how the credit card insurance could help me there?

Equaliser123

PTurner wrote: »

The mattress toppers were bought with a credit card, but individually they were less than £100, and in any case they refunded that purchase. It's my postage costs in sending back their goods (a seperate transaction through a delivery company) that they've not refunded, so I'm not sure how the credit card insurance could help me there?

It isn't credit card insurance but joint and several liability of the card issuer under s.75 Consumer Credit Act.

Flyboy152

PTurner wrote: »

The mattress toppers were bought with a credit card, but individually they were less than £100, and in any case they refunded that purchase. It's my postage costs in sending back their goods (a seperate transaction through a delivery company) that they've not refunded, so I'm not sure how the credit card insurance could help me there?

If the complete transaction was for over one hundred pounds, the purchase will be covered by section seventy-five. As Equaliser quite rightly points out, this gives the card issuer joint responsibility for your transaction, making them just as liable. So, call them, tell them that the seller has admitted liability, but has not repaid you the full amount. They should credit your account for the outstanding balance and they will then recover the monies from the seller.

clarkey3262

Flyboy152 wrote: »

If the complete transaction was for over one hundred pounds, the purchase will be covered by section seventy-five. As Equaliser quite rightly points out, this gives the card issuer joint responsibility for your transaction, making them just as liable. So, call them, tell them that the seller has admitted liability, but has not repaid you the full amount. They should credit your account for the outstanding balance and they will then recover the monies from the seller.

Actually that is not certain, as pointed out on the main part of this site

MSE_Site wrote:

Should the bill or the item cost over £100?

This is where it gets quite tricky. The law is plain; the £100 is for the cash value of a 'single item' (so excluding any fees, and charges such as delivery). Yet, single items aren't always that straightforward.
Here are a couple of examples to help:

• Fly to Traveltown with Holidayair on flights costing £99 outbound and £9.99 back, and while it's over £100 in total, as no single ticket was over £100 you're not protected. Yet if Holidayair had only sold return journeys and you bought a specific £109 return ticket then you would be covered.
• Alternatively, if a suit jacket and trousers are individually priced at £60 each, you're not covered, but if you buy the suit as a whole for one price of £120, you are covered.

Sadly this rule defeats Section 75 claims for mobile phone cashback, as each monthly bill payment is considered a separate amount, so unless your monthly agreement is £100 or more a month, you can't claim against your credit card company for your cashback money. For alternative techniques, read the Mobile Cashback Collapse guide.
This can get more complicated though. If the company links the transaction together, for example by giving a special offer if two flights are purchased together, then you should be covered.

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases


It might be covered, but it might not

Flyboy152

Excellent point.

PTurner_2

Unfortunately the seller never admitted liability, even though the product was 50% under weight. I'm quite certain that he would claim it's a DSR return (and hence that he shouldn't pay postage), but he never replied to any emails after asking me to post it back to him with the claim he would refund me once he'd checked it over.

Since I couldn't find anyone official to verify the weight of the product before posting it back (trading standards were not interested), I think it falls into a grey area. Which is one of the really annoying things about trading standards being a bit wishy-washy.

Flyboy152

PTurner wrote: »

Unfortunately the seller never admitted liability, even though the product was 50% under weight. I'm quite certain that he would claim it's a DSR return (and hence that he shouldn't pay postage), but he never replied to any emails after asking me to post it back to him with the claim he would refund me once he'd checked it over.

Since I couldn't find anyone official to verify the weight of the product before posting it back (trading standards were not interested), I think it falls into a grey area. Which is one of the really annoying things about trading standards being a bit wishy-washy.

When you say "quite some time has passed," are you referring to the cancellation period? How long after delivery did you reject the goods?