Full or partial refund

Leo2020

moneybunny123 wrote: »

Could he argue that the fire surround IS fit for purpose though? It was only the gas fire that was unfit for purpose as it didn't fit.

As you were buying it all as one to be fitted at the same time then I still think you are entitled to a full refund.

moneybunny123

Leo2020 wrote: »

As you were buying it all as one to be fitted at the same time then I still think you are entitled to a full refund.

That would be MY argument too. Thanks

moneybunny123

Leo2020 wrote: »

You don't need a lawyer to take someone to small claims. My husband filed the claim online, costs about £30 or so to do.

I already knew we don't need a lawyer to take someone to small claims - my point was more about the fact that in an ideal world we'd seek some advice to find out whether or not we're clutching at straws.

Provided the merchant hasn't forged my signature on anything, I don't think he has a leg to stand on. But life is rarely this straightforward, is it!

arcon5

Send him a strongly worded letter stating your bank has refunded you and if he even attempts to change this by falsifying evidence then you will contact the police and report him for Fraud.

If your bank do try to take the money back though, aggressively pursue the bank on the basis they failed to respond.

But since the deadline has long gone I suspect the retailers merchant account bank has already deducted the money from their merchant account so they now basically have to convince the bank to return this money to them - you seem to have the upper hand if you can keep the bank on side - especially since goods not received is a valid reason for a chargeback

moneybunny123

As far as I'm aware, he responded within the 45 day deadline. The bank are now considering both sets of evidence. Our problem is we have very little evidence (apart from the blindingly obvious big hole in our living room where a fireplace should be). We don't even have a copy of the order form!

I find it incredulous that the merchant wrote to us offering a refund, but when we've responded - twice - he's ignored us! He's quite clearly playing games - at our expense!

moneybunny123

We've replied to his email for the THIRD time last night (3 weeks after our original reply). Let's see if this generates a reply from him...

If not, and the bank take back our refund, it will have to be the "letter before action".

I cannot believe that almost 3 months on, we still have no fire, no refund, and no apology/explanation. It's beyond crazy.

moneybunny123

Well, it's now been 8 weeks since the merchant last wrote to us. We've responded on 3 separate occasions, but had nothing in reply.

The bank is "still looking at all the evidence" and tell us they have "thousands" of Visa disputes to go through and will deal with ours in due course.

We feel like we're in the middle of a nightmare. We have a living room that looks like a building site, holes in the wall and gas pipes sticking precariously out of them, and no money with which to go and buy another fire from another merchant.

We daren't use the money which the bank refunded in case they take it back again. It's beyond me WHY they'd issue a refund without considering all the evidence in the first place.

Who writes a letter to a customer offering a full refund but then refuses to answer to their response?! The man is playing games, I believe, and we just feel powerless at the moment.

How would you all deal with the situation now?

moneybunny123

FURTHER UPDATE: It looks like the Visa Disputes Department of our bank are not going to issue us with a refund because the "merchant is adamant" we received the goods! :mad:

We absolutely didn't, and where is his proof?! Surely he'd have a delivery note with a signature! But the bank look to be taking his word for it. They've advised that we pursue it through court (which, of course, we will).

I just cannot understand the purpose of their service (Visa Disputes) if they're just happy to side with the merchant rather than their customer!

gb12345

moneybunny123 wrote: »

FURTHER UPDATE: It looks like the Visa Disputes Department of our bank are not going to issue us with a refund because the "merchant is adamant" we received the goods! :mad:

We absolutely didn't, and where is his proof?! Surely he'd have a delivery note with a signature! But the bank look to be taking his word for it. They've advised that we pursue it through court (which, of course, we will).

I just cannot understand the purpose of their service (Visa Disputes) if they're just happy to side with the merchant rather than their customer!

There is an alternativebefore you resort to the courts.

Make a formal complaint to the bank regarding their handling of the case and the fact that you have not received the goods, as they were not fit for purpose and were therefore returned. And there is therefore no legitimate reason for the chargeback.

If the bank do not resolve the complaint to your satisfaction within 8 weeks then you can refer it to the FOS.

moneybunny123

Thanks GB12345, if the bank doesn't rule in our favour and issue a refund we will most definitely be making a complaint. We were advised, verbally, that we had a rock solid case for a refund. If it gets refused, we have to pay an admin fee - not to mention the hours and hours we've spent on hold on a premium rate number trying to speak to them.

I just can't believe the bank are being so awkward. We've received only a third of the goods, and they aren't fit for purpose without the other two thirds which we never received! How can the bank rule in the supplier's favour?!! :mad: