Returning TV to Argos (bought from 3rd party)

Flyboy152

texranger wrote: »

it was your replies.

In which reply did I imply I was a retailer?

a retailer has an agreement with a merchant service provider which clearly states any refunds MUST be made to the same card as original purchase was made on. if a retailer does not do this then they can lose their merchant serives account

But that is an agreement between the merchant and the card processing company, not the consumer; therefore the customer cannot be held liable to its terms.

spadoosh

Flyboy152 wrote: »

In which reply did I imply I was a retailer?



But that is an agreement between the merchant and the card processing company, not the consumer; therefore the customer cannot be held liable to its terms.

Gonna feed a bit more just in case we can get though.

Youre right in that the customer has nothing to do with the retailer and the card processing company. However the customer does have a contract with the retailer and in their returns policy it will state something along the lines of 'any refund made will be the original tender'

The only exception to this is with cheques that have been processed and monies taken, in which case the cash equivalent will be given as it would be wholly unneccessary to try and refund the cheque.

Retailers can, at their discretion, return payment in any way they want to aslong as the statutory rights of the customer are not affected.

I think your misunderstanding statutory rights to a refund. The original purchase is completely entitled to a full cash refund with the product being faulty (at least i think they are, they are in my companies returns policy not sure if its a statutory right though!? or wether it should just be a replacement) the OP though has absolutely no right to a refund/exchange/warranty as they never went near argos when they bought it, hence no contract!

roddydogs

Flyboy152 wrote: »

But where the customer would be entitled to a refund, what gives the retailer the right to ignore the rights of the consumer and not provide that refund?

Cause its your fault if you no longer have the card, DOH!

Optimist

Flyboy152 wrote: »

But that is an agreement between the merchant and the card processing company, not the consumer; therefore the customer cannot be held liable to its terms.

The credit card company initially paid for the goods and is offering credit to the consumer. They are therefore entitled to the refund. Which is why it is in the merchants terms with the company. This also meets the retailers need to get charges refunded.

If the consumer paid by cash or debit card then I see no reason other than internal retailer policy why a refund cannot be actioned in either format.

Flyboy152

spadoosh wrote: »

Gonna feed a bit more just in case we can get though.

Youre right in that the customer has nothing to do with the retailer and the card processing company. However the customer does have a contract with the retailer and in their returns policy it will state something along the lines of 'any refund made will be the original tender'

The only exception to this is with cheques that have been processed and monies taken, in which case the cash equivalent will be given as it would be wholly unneccessary to try and refund the cheque.

Retailers can, at their discretion, return payment in any way they want to aslong as the statutory rights of the customer are not affected.

I think your misunderstanding statutory rights to a refund. The original purchase is completely entitled to a full cash refund with the product being faulty (at least i think they are, they are in my companies returns policy not sure if its a statutory right though!? or wether it should just be a replacement) the OP though has absolutely no right to a refund/exchange/warranty as they never went near argos when they bought it, hence no contract!

A retailer's returns policies have nothing to do with the consumer's right to a refund. If the retailer's terms and conditions says that it will only refund on a wet Tuesday afternoon when the Moon turns green, I wouldn't think that that the law would agree.

Flyboy152

Optimist wrote: »

The credit card company initially paid for the goods and is offering credit to the consumer. They are therefore entitled to the refund. Which is why it is in the merchants terms with the company. This also meets the retailers need to get charges refunded.

If the consumer paid by cash or debit card then I see no reason other than internal retailer policy why a refund cannot be actioned in either format.

Ah, would that mean that these policies are within the terms and conditions of the agreement between the cardholder and issuer? If it is, then there may be some validity in the retailer's insistence on refunding to a credit card. However, that would not be the same as with a debit card.

Does anyone have a copy of a typical credit card terms and conditions, so that we can check?

bod1467

But (AFAIK) "the law" doesn't state HOW a refund should be given, just that it should be. A retailer is perfectly within their rights to refund by (and to) the same mechanism as payment. If that mechanism is no longer available then gift vouchers are a valid and acceptable alternative. (Citation = common sense, plus see several prior posts in this thread).

You've made the same point in several posts without offering any examples (or citations) to what is and is not reasonable. How about your next post contains substantive evidence to support your argument rather than rehashing the same comment for the umpteenth time? Hmm?

Flyboy152

bod1467 wrote: »

But (AFAIK) "the law" doesn't state HOW a refund should be given, just that it should be. A retailer is perfectly within their rights to refund by (and to) the same mechanism as payment. If that mechanism is no longer available then gift vouchers are a valid and acceptable alternative. (Citation = common sense, plus see several prior posts in this thread).

You've made the same point in several posts without offering any examples (or citations) to what is and is not reasonable. How about your next post contains substantive evidence to support your argument rather than rehashing the same comment for the umpteenth time? Hmm?

I have asked the question, but until Optimist, no one was able to offer a reasonable explanation as to why the retailer could insist on that method of refund.

In fact, to back up Optimist's answer, I did a little digging myself:

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

Methods of payment when a customer is entitled to a refund

The following points provide a brief overview of the law relating to how refunds can be given.
If a customer who is entitled to a refund as a result of faulty goods

• paid by credit card - you can insist that the refund is to the credit card used for the payment. This is because the credit card company paid you originally, and therefore you are entitled to refund them, not the customer directly

• paid by debit card - it is our view that you can offer to make the refund to the debit card used to make the purchase. Alternative methods of refund, for example cheque or cash, can be offered and may be requested by the customer

• paid by cash - methods of refund can be cheque or cash.

So, it appears that the retailer doesn't always have carte blanche when providing a refund and as we know from many threads on the subject of refunds, credit notes are not accepatble when a consumer has an entitlement to a refund.