Credit notes and legislation

wealdroam

Mokey wrote: »

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.

Maybe you need to write them a letter... a letter before action.
This is the first step in the legal process heading towards the small claims court.
If the judge agrees with you, then that's a good result.

Unfortunately, there are people out there who will try and get away with the cheaper option.
In your case, I imagine the seller can often get away with offering a credit note and it being accepted.

arcon5

Mokey wrote: »

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.

If you are entitled to a refund, then yes you can insist on cash.

However, you are not entitled to a refund - in this case as you've had it over 6 months you are entitled to a remedy (being a repair, refund or replacement) - retailer can choose the least costly option.

Because you've had it over 6 months, legally they could have also insisted you prove the fault was inherent. Worth knowing, although not relevant as they've accepted the goods are faulty.

You could ask if they will repair or replace the goods - if they refuse I cannot see what grounds they have to refuse a refund.

DVardysShadow

arcon5 wrote: »

....
You could ask if they will repair or replace the goods - if they refuse I cannot see what grounds they have to refuse a refund.

I agree. At 6 months, the retailer can choose repair, replace or refund - in money. If they will not repair or replace, they can only fulfil their obligations by refunding - if they wish to issue a credit note, then this requires purchaser's agreement.

wealdroam

arcon5 wrote: »

If you are entitled to a refund, then yes you can insist on cash.

However, you are not entitled to a refund - in this case as you've had it over 6 months you are entitled to a remedy (being a repair, refund or replacement) - retailer can choose the least costly option.

Because you've had it over 6 months, legally they could have also insisted you prove the fault was inherent. Worth knowing, although not relevant as they've accepted the goods are faulty.

You could ask if they will repair or replace the goods - if they refuse I cannot see what grounds they have to refuse a refund.

DVardysShadow wrote: »

I agree. At 6 months, the retailer can choose repair, replace or refund - in money. If they will not repair or replace, they can only fulfil their obligations by refunding - if they wish to issue a credit note, then this requires purchaser's agreement.

I also agree.

So now we all agree the OP is entitled to a cash refund, can anyone else offer advice on how he goes about getting it?

Insisting doesn't seem to be working.

arcon5

wealdroam wrote: »

I also agree.

So now we all agree the OP is entitled to a cash refund, can anyone else offer advice on how he goes about getting it?

Insisting doesn't seem to be working.

Yes we do, but it was still important to clear up the major mus-understandings of consumer law.

I can think of a couple of ways which would yield results, but probably best we keep to the legal route . Which brings us nicely back to #12.

DVardysShadow

wealdroam wrote: »

I also agree.

So now we all agree the OP is entitled to a cash refund, can anyone else offer advice on how he goes about getting it?

Insisting doesn't seem to be working.

I think the OP needs to provide the missing piece here. Has he turned down repair or replacement? If he has, then it's the voucher.

If he has not been offered repair or replacement he needs to be clear about this.

Flyboy152

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.

If a refund has been agreed between the two parties, a credit note is not a refund at all.

Flyboy152

wealdroam wrote: »

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.

But, if both parties have agreed a refund of a specific amount, that cannot be a credit note, it must be real money. I shouldn't think they can get away with then saying, "well, if you want it as money, we will only give half of what we originally offered."

Mokey_2

DVardysShadow wrote: »

I think the OP needs to provide the missing piece here. Has he turned down repair or replacement? If he has, then it's the voucher.

Repair or replacement hasn't been offered. I asked a company representative on the forums beforehand if I could return it for a credit note when it was found faulty (something I was quite happy to accept as it would mean I could buy a new PSU immediately), and they said yes. Unfortunately, they then sent it back to the manufacturer and are waiting on them (the manufacturer) to issue a refund to them (the retailer) before they pass it on to me, which is a 28 day wait until they get it and no doubt a few more days until it gets passed on to me and a new item dispatched.

So essentially, if I had been given a credit note immediately I wouldn't have minded, I could get a new PSU. I now have to buy a PSU with cash because I can't wait over a month without a serviceable computer, meaning a credit note in a month is pointless as I'll have nothing to spend it on.

Thanks for all the help everyone.

Flyboy152

Mokey wrote: »

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?

Sadly, no. There are provisions with the act to allow for deductions for usage.