What costs does a retailer have to refund when they refuse to exchange item.....

majica8

....that the manufacturer then finds faulty?

The full story:
I purchased a PC power supply from Scan.co.uk around Christmas 2011. It developed a fault March/April and I returned it to Scan. I was originally going to go straight to the manufacturer (OCZ) however their European returns/support is in the Netherlands and a return would have cost about half as much as I paid for the power supply to begin with, plus I believe it was Scan's responsibility anyway.
After a very long battle with Scan, I eventually had to pay £36 to get my power supply returned after they insisted there was no fault. I first tried paying via cheque. I sent a cheque (Recorded Signed For, I have proof of postage and delivery) however they claim they never received it. I eventually paid by debit card over the phone. As soon as I got the PSU back I sent it to OCZ (who under the circumstances were kind enough to pay the postage for me), who found a fault, and a replacement is on it's way to me now.
I forwarded the e-mail from OCZ to Scan so they could see there was a fault and they have agreed to refund the £36, however they are refusing to refund the postage for the cheque I sent. Now it's only £1.55, but that's not the point. They are claiming that whilst I can prove I sent something to them, I can't prove it was a cheque. Apparently they think I sent an empty envelope, that I knew was guaranteed to get there, because after being without a PC for, at the time, almost 3 months, I'm going to waste even more time :huh:

It's my understanding that the retailer has to refund any and all costs in this situation, and that would include postage for the cheque. Who is right in this situation? I understand that I don't have any actual proof that I sent the cheque apart from the stub in my cheque book, but why would anyone lie about sending a cheque when it went via Recorded Devliery? And when it's quite clear from the e-mails exchanged that I was getting very frustrated and just wanted my PC back as soon as possible.

Sorry for the very long post, but any advice would be great. I hate having my rights ignored in any situation, and I want this matter sorted ASAP so I never have to deal with Scan again.

Hintza

You have to pick your battles wisely. Not every conflict is worth turning into a major battle. There are certain battles which simply cannot be won no matter how much effort you put into them or what strategies you use. They are simply losing causes and fighting such battles does little to help you accomplish your ultimate objectives. The wise man will not let his pride get in the way of obtaining his goals, and fighting a battle which cannot be won is a prime example of allowing your pride to cloud your thinking.

................... Sun Tzu

If that is no good then your only option is small claims (hmmmm)

majica8

Hintza wrote: »

................... Sun Tzu

Not amazingly helpful there.
You think I wouldn't win this "battle" because it's over so little money, or because the retailer is right and actually doesn't have to refund the postage?

System

If you are going to claim everything then you may want to consider cancelling the cheque and charging them for that as well. If you did send a cheque and it was delivered then it'll be around somewhere and they may cash it at some point in the future!

byjimini

Someone returned a kettle to us saying that when they plugged it in, it wouldn't boil. They tried it in all their plugs and every time they flicked the switch on the kettle, it wouldn't light up or turn on.

As soon as it arrived I plugged it in and it worked. It had all the original packaging etc, so I emailed the customer a video of it working, and simply asked if they would like a refund as we could sell it on, or if they would like to pay for it to be returned.

That to me is the standard procedure - if the kettle had been faulty, then we'd have offered to send a replacement free of charge or a refund.

In your case, I don't think the retailer tested it properly, so I would forward them a copy of the manufacturers report and claim back the £36.

Hintza

majica8 wrote: »

Not amazingly helpful there.
You think I wouldn't win this "battle" because it's over so little money, or because the retailer is right and actually doesn't have to refund the postage?

I think you should pick your battles and fighting over £1.75 is pointless. To get this £1.75 how much is it going to cost you in time and effort?

majica8

goater78 wrote: »

If you are going to claim everything then you may want to consider cancelling the cheque and charging them for that as well. If you did send a cheque and it was delivered then it'll be around somewhere and they may cash it at some point in the future!

Already done The bank didn't charge me to cancel it.

byjimini wrote: »

In your case, I don't think the retailer tested it properly, so I would forward them a copy of the manufacturers report and claim back the £36.

I'm getting the £36 no problem, my issue is with the postage for the cheque I sent. I know all this probably isn't worth it over £1.55, but as I said I hate having my rights ignored. Also, I am currently unemployed and as they say, every penny counts.

I don't really need to know if you think I'd actually get the money back, I just want to know who is right between me and the retailer. If I am entitled to have the postage refunded then I will fight for it. This company have been nothing but trouble, have left me PC-less for nearly 5 months, and all throughout this ordeal have been ignoring various consumer rights laws.

Hintza wrote: »

I think you should pick your battles and fighting over £1.75 is pointless. To get this £1.75 how much is it going to cost you in time and effort?

Considering the time and effort I've put in so far, not a lot more. I have nothing but time at the moment.

System

Scan are very very good normally. They are my computer place of choice

majica8

goater78 wrote: »

Scan are very very good normally. They are my computer place of choice

I wouldn't use them again if I was paid to, and now neither will anyone I know. They have lost a lot of customers from this one ordeal.

System

It's an empty threat people always use. I doubt they care.

majica8

goater78 wrote: »

It's an empty threat people always use. I doubt they care.

Empty threat? It's cost them several thousand pounds in future business.