Credit note on a broken used part

tonyc66

Hi all:) Having a problem in getting a refund!! Ordered a part for my car from a used auto spares company through Breakeryard on the internet. When I asked on the phone what would I do if the part broke they told me I could send it back within 30 days. They didn't tell me they would only offer a credit note.
It arrived 5 days later than quoted and straight away I could see a problem- there was plastic missing off it and there was copper visible! Tried it on the car and not only did it not fix my problem- it added an immobiliser fault onto my car. I phoned the co and they said I would need to get the unit reprogrammed. I said I wasn't happy with this and I would be sending it back- they told me I could have a credit note for £130!! This was in their T&Cs which are nowhere to be seen on their website. when I pointed this out they said they would send me a copy of them in the post. Obviously I wouldn't buy anything else from this co so I opened a dispute with Breakeryard.
They told me their head office would liase with the co to get a refund- numerous e-mails and phone calls later I still don't have a resolution- the last e-mail the co sent reads "You are not getting a refund!!!"
Been in touch with Consumer Direct and they mentioned the Distance Selling Regs but somebody else has mentioned that it could be seen as a bespoke item and therefore wouldn't be covered by the DSR.
Any ideas on how to get a refund please?:D

shaun_from_Africa

but somebody else has mentioned that it could be seen as a bespoke item and therefore wouldn't be covered by the DSR.

It would only be a bespoke item if it was manufactured to your specifications or altered/modified for you.
This obviously isn't the case so you are entitled to a full refund.

I would send the seller another e-mail (or recorded delivery letter), stating that the item isn't fit for purpose and that you wish to return it for a full refund as is your legal right under the Sale of goods act.
You could also return under the DSR's, but in this instance you may be liable for the return costs.

How did you pay for the item?
If it by credit card then you should contact your card issuer and advise them that the retailer is refusing your statutory rights and that you want to proceed with a "Section 75" claim. (you will find info on this at the top of the Consumer rights board).

If you paid with a debit card then contact your card issuer and state that you wish then do do a chargeback as the goods supplied are not fit for their purpose.

the last e-mail the co sent reads "You are not getting a refund!!!"

Make sure that keep a copy of this e-mail and also forward a copy to your card issuer.

arcon5

So you purchased a part for your car to resolve a fault, turns out that part wasn't the cause of the fault in the first place and now you want a refund?

Whether its bespoked or not should be obvious... ie did you ask for it to be made specifically to a size you specified or was the item part of their standard stock options?

DSRs allow you to return non-excempt goods, notify the supplier within 7 working days you wish to cancel. However, you have a duty of care with the goods.

arcon5

shaun_from_Africa wrote: »

I would send the seller another e-mail (or recorded delivery letter), stating that the item isn't fit for purpose and that you wish to return it for a full refund as is your legal right under the Sale of goods act.
You could also return under the DSR's, but in this instance you may be liable for the return costs.

Maybe i'm misunderstanding the op, but i'm don't see any mention that the item is faulty, but that the item didn't resolve the fault -- which could mean the original fault may not even lie with that part in the first place but another part of the vehicle. If this is the case it is merely a change of mind.


Although you seem to read it differently to me, so may be worth op clarifying this point.....

tonyc66

Thanks shaun only thing is with all the e-mails & phone calls with breakyard.com promising to sort it out. Its been about 4 weeks not sure if bank would do a charge back will speak to them in morning thanks again shaun

tonyc66

In reply to Arcon- it's stated in the 2nd paragraph there was a piece missing off the part and I could see copper wire through it- it was the transponder chip so I would say that was a fault. It wasn't that it didn't fix the problem it actually sent an immobiliser fault to the car so the memory hadn't been cleared off the part.
Surely their T&Cs should be advertised when you order the part???- there is no way I would have ordered off them if I knew I couldn't get a refund.

arcon5

tonyc66 wrote: »

Thanks shaun only thing is with all the e-mails & phone calls with breakyard.com promising to sort it out. Its been about 4 weeks not sure if bank would do a charge back will speak to them in morning thanks again shaun

Can you could respond to my points made so we can determine whether the goods are actually faulty or now.......



Also - did you cancel within the 7 working days? If you cancelled outside this time, then if their terms state only credit notes are offered after this is returned within 30 days -- then you have no choice.

Chargeback time limit is 120 days, so well within that time -- if you have a valid case that is. Which if i'm reading your post correctly, you are on rocky grounds.

But I could be wrong here, just going of the little bit of info here

tonyc66

Hi Arcon- can you see post 6??
I phoned the co the day I received the part and told them about the transponder being broken- this is when they said send it back and you can have a credit note. :-)

bod1467

Look at the timestamps - your posts crossed.