Credit notes and legislation

Mokey_2

Hi all,

I bought a computer psu from a uk online retailer in late september last year (payed for with debit card). It developed a fault with the fan and was sent back (it's been tested faulty by the retailer), I've asked for a refund in cash as they're saying it will be 28 days before any refund can be provided (even credit). I know that I'm entitled to a refund in cash or payment into bank account but the store refuses to offer anything other than credit. Could someone please point me towards some legislation that would be useful in this case, I found an article on the CAB website (can't link to it) but does anyone know if there's something more official anywhere?

Thanks in advance. :money:

:money::money::money:

InsideInsurance

You are not "entitled" to a cash refund.

You are entitled to a refund, repair or replacement under law or any other settlement that both parties are happy to agree with. Any of the methods of settlement must be provided within a reasonable time frame but as is standard with most English law "reasonable" is not actually defined.

unholyangel

Well it would depend on the timeline involved. When was the machine delivered? Was it faulty upon delivery? If not, how much time passed between it being delivered and you contacting the retailer to return it?

unholyangel

InsideInsurance wrote: »

You are not "entitled" to a cash refund.

You are entitled to a refund, repair or replacement under law or any other settlement that both parties are happy to agree with. Any of the methods of settlement must be provided within a reasonable time frame but as is standard with most English law "reasonable" is not actually defined.

Well if they rejected it within reasonable time, they can demand a refund as opposed to a repair or replacement. Also if they were covered by DSR's, 30 days is the time limit for the retailer to issue a refund.

Just also to add that is only if within reasonable time for demanding a refund. However, if a replacement or repair is impossible.....that should be sufficient to entitle the OP to a refund - however it can be partial to take into account use they have had of the machine - so store credit may work in their favour if it is for the full amount.

Mokey_2

The retailer has offered a refund but it's only being offered as store credit. Everything I've read (even direct advice from the Department of Business to retailers, can't link as I'm new) says that refunds must be provided as cash over credit if requested. Just google "do i have to accept a credit note", every single article says no, even the ones from .gov sites and the CAB.

The product was delivered back in September and worked on arrival but developed a (after googling) common fault after six months.

As for repair over refunds, SoGaSA 1982 says that the repair or replacement should be within a reasonable timeframe and not cause due incovenience. One month without a power supply (meaning no computer) would probably be classed as inconvenient. As such, according to the legislation, the contract with the company is rescinded and a refund has to be offered.

wealdroam

OP, you do understand that the retailer can reduce any refund to take account of the use you have from the thing, don't you?

If you insist on a cash refund, you may find that your refund is reduced in this manner.
If the seller is prepared to offer a full refund, but only as a credit note, you may be wise to accept that.
You have to decide.

All that stuff you mention about rescinded contracts may well have to be pursued through the courts.

Mokey_2

wealdroam wrote: »

If you insist on a cash refund, you may find that your refund is reduced in this manner.
If the seller is prepared to offer a full refund, but only as a credit note, you may be wise to accept that.

But that means I'd be without a computer for another 5 weeks or so?

Anyway, I was under the impression that inherent or manufacturing faults entitled you to a full refund?

baza52

no, it entitles you to a remedy of the retailers choice

replace, repair or refund

shaun_from_Africa

Anyway, I was under the impression that inherent or manufacturing faults entitled you to a full refund?

No.
The only time that you can demand a full refund is when you reject the goods for being faulty within a short time of purchasing them.
When you do this you are deemed not to have accepted them and the contract is nulified and a full refund must be given.

You are entitled to attempt to claim for an inherrent fault for up to 6 years from purchase (but this doesn't mean that all goods must last this long), and it would be very unfair on a retailer if you could get a full refund after having had use of the goods for a long period.
This is why the SOGA allows for a deduction to be made for the time that the goods were working as they should have done if a refund is offered and accepted.

wealdroam

Mokey wrote: »

But that means I'd be without a computer for another 5 weeks or so?

I don't understand why you say that.

Mokey wrote: »

Anyway, I was under the impression that inherent or manufacturing faults entitled you to a full refund?

As others have said, as did I, it can be reduced to take account of the use you have had.

Read the legislation...

(1)If section 48A above applies, the buyer may—
(a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or
(b)rescind the contract with regard to those goods,
if the condition in subsection (2) below is satisfied.
(2)The condition is that—
(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or
(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.
(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

Mokey_2

Ok, so if Citizens Advice, Department for Business and every other site I can find on the internet including MSE say I can get a refund in cash over credit, can someone explain why I can't?

The retailer (as I've already stated in the OP) has accepted it as faulty and offered a refund.