Credit notes and legislation

Flyboy152

baza52 wrote: »

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

replace, repair or refund

The choice is not exactly the retailer's. The consumer can ask for a repair or a replacement. The retailer can then offer either one, based on what is proportionally most cost effective. If neither of these options are viable, the contract can be rescinded. However, the seller can make reasonable deductions based on the amount of usage and this is where many of the disputes arise.

Flyboy152

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.

The retailer cannot insist that you take a credit note, if they are offering a refund based on your statutory rights.

Flyboy152

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.

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

I am not sure that is correct. If the retailer has agreed a refund, I don't think they can insist that he takes a credit note.

DVardysShadow

Mokey wrote: »

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.

Then you need to have them clarify in writing that they will not repair or replace. And in turn clarify that a credit note is not acceptable, advise that you will source a power supply and that you will expect cash -= and that you are prepared to take it to the small claims court, I would think.

Flyboy152

Mokey wrote: »

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.

Okay, this might then fall into the realms of section 48B of the SOGA:

....repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer.

I would say that five weeks is a significant inconvenience.

However, what is not clear, is your position now, as far as accepting a credit note instead of cash.

wealdroam

DVardysShadow wrote: »

Then you need to have them clarify in writing that they will not repair or replace. And in turn clarify that a credit note is not acceptable, advise that you will source a power supply and that you will expect cash -= and that you are prepared to take it to the small claims court, I would think.

Back to post #12 then... and a letter before action.