No refunds on certain items and a restock fee?

arcon5

Dear Sir,

On 24th September I purchased a laptop charger from you. However, having now tested the item I have discovered a fault and therefore rejecting the item under the Sales of Goods Act 1979 which gives me a statutory right to a full refund.

As already discussed with a member of staff who had the opportunity to inspect the goods, whilst the charger is plugged other components of the laptop sieze which may be down to the circuit from the charger, which fortunately as of yet has not caused damage to my equipment.

Please advise on a suitable day and time convenient to us both in which this item can be brought in and inspected where you will be given the opportunity to proof the fault is not inherent.

Kind Regards

Check my grammer, was only a quick write up. The problem with yours (with respect) is your comparing to other chargers and sounds too much like your just comparing functionality which isn't their problem, rather than reporting faulty goods. Also the product DOES charge the laptop so is fit for purpose.
I also don't think they will pay for it to be collected when you purchased it instore.

JazCE

Please advise on a suitable day and time convenient to us both in which this item can be brought in and inspected where you will be given the opportunity to proof the fault is not inherent.

But wait, i've already spoken with the manager and the owner, and shown them the fault which they have refused to accept because it charges the laptop but when i point out the trackpad doesn't work to a sufficent level they claim it did work and that if it was slow it was first:

a) down to windows still booting
b) the laptop which they were showing me it working on required a different voltage/ampage input (in which case why bother showing it to me working on that laptop) thus causing it to be slow.

wealdroam

JazCE wrote: »

A letter like thus? should it be sent via recorded delivery?

Computing Technology Intelligence
239 Tottenham Court Road
London
W1T 1BS
Dear Sir
On 24th September I bought a laptop charger from your shop after showing one of your managers my original laptop charger and asking for a similar item. I have discovered that the laptop charger has the following problem: When plugged into my laptop via the mains and power strips it renders the laptop trackpad unusable. This only occurs with this charger that I bought from your shop and no other charger affects my laptop in this way.
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described of satisfactory quality and fit for purpose. As you are in breach of contract I am rejecting the laptop charger and request that you refund the sum paid to you of £30.
I also require you to confirm whether you will arrange for the laptop charger to be collected or will reimburse me for the cost of returning it.
I look forward to hearing from you in the next seven days.
Yours sincerely
Jared Evans

It was suggested that you send a letter before action.

There are sample lba's all over the internet.
It is a formal part of the process.
Here is one sample.

I would be replacing your sentence...

I look forward to hearing from you in the next seven days.

With something more robust, like...

If I do not have a refund within the next seven days, I will be forced to recover my money through the Small Claims Court.

JazCE

wealdroam, that was the letter i intended to send on monday morning, thus it would be before any action is taken?

arcon5

JazCE wrote: »

But wait, i've already spoken with the manager and the owner, and shown them the fault which they have refused to accept because it charges the laptop but when i point out the trackpad doesn't work to a sufficent level they claim it did work and that if it was slow it was first:

a) down to windows still booting
b) the laptop which they were showing me it working on required a different voltage/ampage input (in which case why bother showing it to me working on that laptop) thus causing it to be slow.

Yes, and now your putting it in writing.

Personally I wouldn't send them a LBA yet, this is the route I would take in this situation:

- speak to them [DONE]
- send them your complaint in writing and await their final decision. This way you can also demonstrate you acted reasonably.
- if they don't offer a remedy send a Letter Before Action, as per wealdroam's post

sarahg1969

I'd report them to trading standards, too.

Jakg

Where the T&C's made available before you purchased (i.e. a sign etc, or JUST on the receipt).

Ignoring the SOGA for a second you cannot be held to terms you could not see before you made the purchase.

JazCE

How does one report them to trading standards? I live in hammersmith so should i report them to my trading standards or to err whichever trading standards team runs tottenham court road?

as to where the T&Cs were:
I gave them my card, typed my pin in, and then a receipt was printed and stapled to a larger sales invoice which i was then given with my charger, which to be fair i just shoved into my bag without really reading through only checking to see if the correct amount was on the receipt.

There could of been a notice somewhere, i didn't really check to see if there was a sign. my bad.

wealdroam

JazCE wrote: »

How does one report them to trading standards?

Report to Consumer Direct.

They will pass on information to the trading standards people in the seller's area if appropriate.