Damaged Fridge and bank fobbing me off!

arcon5

If claiming a remedy under SOGA they must do so within 'reasonable' time.

So on one end of the spectrum, they have supplied an item that does not conform to contract -- at the other end they are required to offer a remedy (which could be a refund also if you reject the goods) within 'reasonable' time therefore not breaching your statutory rights. So I can kinda understand the stance the CC company have taken to be honest.

When things go wrong we all hope the retailer will play ball, however, this isn't always the case -- and when this isn't the case it does unfortunately take time to deal with. Although I don't understand why they couldn't offer a partial-refun to reflect the damage pretty much straight away!

The problem also is you've rejected under both DSRs and SOGA (as already said above) -- which is it? If the former you may be liable for returning the item to them at your expense. If the latter, merely make it available for collection at their expense. Forget DSRs op, go down the SOGA route. Personally I would send them an email along the lines of.....
'Following your failure to engage in discussions to compensate me for the damage to the item purchased on XX date, I hereby reject the goods under Sales of Goods Act and seeking a full refund. Please contact me to arrange the collection of the item. I would also like to advise that if a refund has not been issued within 30 days I will be forced to file a claim with my CC company to recover the money'

This way they know a partial-refund was on the table and although you have rejected the goods - they may come back and offer you a discount still.
But no matter what route you go down, you need to be explicit in exactly what you want rather than confusing things by quoting different bits of law.

(Just my thoughts anyway)

mattyprice4004

You say you contacted VISA, and then state it was a credit card. Are you 100% sure it was infact a credit card?

The only reason I ask is because a friend of mine often confused the terms, don't take offense if not.

arcon5

It was probably a Visa CC .

mattyprice4004

arcon5 wrote: »

It was probably a Visa CC .

For some reason I'd never spotted Visa were a CC issuer. My apologies.

Catherine_Johnson_2

"Why am i taking the pain of all this hassle"


Hmm, it's a 5mm dent in the side of a fridge. It's not the end of the world, is it?

Give it a bit more time than just a few days, eh?

As someone else said, chill out a bit and stop giving ultimatums after only a few days.

kunal_x

Sorry to come back a little late.

I had result the next day when I raised a complaint over the phone with the bank.

i told them they were fobbing me off and I dont conform to any "VISA" terms. My CC contract is between me and the bank and they are also liable if something goes wrong with the purchase.

I got a call the following day (which was a weekend) from the Bank addressing the complaint. They said they were extremely sorry that i had to raise a complaint regarding the matter as it should have been solved immediately. They also said that the lady i spoke to before needs more training and i was misinformed to be refered to VISA terms.

Their resolution was that they would immediately contact the retailer and find out what was causing the delay.

Bank calls me back within an hour to state they are refunding £40 and offering a free 5 year guarantee. :T :T :beer:

I was shocked to say the least. Bank must have applied a knowledgeable pressure to get results.

When i checked my email after the call , i had received an email from the retailer to state them same. RESULT!!!


Now for all those out there asking me to be patient and its not end of the world and all that. I will tell you one thing I earn well and i work hard for it. By principle I want result, goods, service when I pay the asking price. Did i ask for a compromise when they asked me to pay £700, No. Would you be able to get away if you pay a pound less on you CC bill.

Then why should i compromise. I am the consumer i have the upper hand.

The reason why we get third grade customer service in this country (with few handful exceptions) is because people don't realise the value of their money. These people just leave it to misfortune if something doesn't go right with their purchase or wait till eternity and believe me i am surrounded by such people at work, friends, family etc

What happens if you dont pay CC bill on time, or your loan or any charge that's levied on you. You get looked down upon, taken to court , get sent bailiffs etc etc. this is my way of returning the kindness

I am comparing the service you get in third world countries like Thailand or India. Even their corner grocery shop treat you like a king. Let alone here in UK they don't even care if you walk in to the store.

I love UK but we as consumers need to get our voice together to set a standard when we spend.

I pay, I get... No compromise.

meer53

So, you still have a fridge with a dent in it ? The bank will have paid you the £40, not the retailer, the good service you have had is from the bank.

kunal_x

meer53 wrote: »

So, you still have a fridge with a dent in it ? The bank will have paid you the £40, not the retailer, the good service you have had is from the bank.

Yes I still have the fridge with the dent and i am touting the bank not the retailer. They made the retailer make a £40 refund as compensation, which i am ok with.