Handling fee on a Sale of Goods Act return

TRT

Hi,
I bought an exhaust part (rear section) from a branch of Eurocarparts, but the flange wasn't right for the bolts I also bought (no nuts were supplied, and the old flange which was to be disposed of had the nuts welded onto it). In other words they didn't sell me an exhaust part for my car but for their own complete system which has reversed threading for the connection.
I tried to get a refund under the Sale of Goods Act as the part was sold not fit for purpose and they said sure, but there was a 25% handling fee. They claimed it was in the small print on the back of the receipt (the receipt is on 11" printer paper and the back is covered in 9 point grey type with their T&Cs on, clearly a breach of the DDA and clearly unreasonable as they are too long and practically illegible).

So, where does one stand on restocking fees in that situation? I'd like to wipe the smug grin off the sales monkey's face.

ThumbRemote

If something is being rejected under the SoGA, a restocking or handling fee is illegal. The contract is being rescinded, which means you must be put back into the same situation you were before it was taken out.

Have they agreed the part was mis-sold? The difficulty comes when you have to prove this is the case, rather than it just being a change of mind.

TRT

He agreed he would take the part back under the Sale of Goods Act, said he was not refusing me a refund, but even in that case he was going to charge a 25% handling fee. He also said that he couldn't take back the bolt and spring (even though it was on the same receipt) because the original packaging was missing.

Their terms and conditions, as I said earlier, were for all practical purposes illegible, being printed in light grey at a point size so small I had to get a magnifying glass out to read it.

spacey2012

Take the 75% if they insist you sign for the refund, write the letters VC before your signature, they won't know what that means and have a Letter before Action for the 25% ready in your pocket and serve it upon them in person, take a picture of the service.
Let us know what happens.

TRT

I desperately needed to get the exhaust fixed before the MOT and was going to get the refund and have the Toyota garage do it at a cost of £180 instead of the £95 for my DIY. So I took the bolt to a local small car parts shop (Midnight Motors - they are excellent, really, they are) and they sorted nuts and washers in two minutes flat for just 70p.

So, I'm not going to go back to Eurocarparts ever again having discovered their underhanded tactics, but I am going to complain to them and trading standards and I need to get my facts straight.

Thanks for the tip, though, Spacey2012. What does VC mean?

spacey2012

It means "Vi coactus is a Latin term, abbreviated as V.C., and means: 'under constraint'. It is used to indicate an agreement made under duress."

So in the event of a court dispute you can claim you were forced to sign under duress of not getting the 75% back.

somethingcorporate

I'd not do that, I'd just sue them for the full amount if I were you and argue it out in court (they'd get laughed out in a second).

You are due a full refund, end of story.

Giving terms on a receipt is completely daft given they are provided once the transaction (and contract) is complete.

What a complete shower of morons.

bris

The goods wern't faulty and the op didn't do his own due dilligence as to the parts he needed. It could very well be argued that the goods ordered were supplied, in fact as he discovered the bolt required was easy to obtain, as they all are, so the goods were in fact as described.

SOGA doesn't even come close to this one, get better at DIY if you are going to do these things yourself. You have no case as a judge would just laugh at the fact it was a 70p bolt required to do the job.

TRT

The part supplied was selected from a registration number look up. The vehicle manufacturer fitted tail pipe has a flange with integral threads on the (now corroded) tail pipe part. The aftermarket unit (which was not described to me as such, and no VM or genuine part was offered) had no threads on the flange. I purchased the bolt described by them as the fitting kit (it was just a single bolt - not what I would call a 'kit'), and the spring (which was described as an exhaust accessory). The original bolts fitted from mid-section to tail-section.

The item, yes, was not faulty. Or maybe it was and the flange hadn't been manufactured properly, not having had the threaded nut attached in the factory. This item was not fit for purpose. It does not replace the original. They also make a complete aftermarket exhaust system, comprising single piece front, cat and mid section, and separate tail section. I haven't examined one of those.

It is a reasonable expectation that when you purchase a replacement part and fixings kit that those parts are correct and are a replacement. It's like asking for replacement battery for a Wii Remote, being sold a rechargeable AAA and then being told, well, that replaces the battery in our after-market rechargeable battery pack. Yes, but it's not what I asked for, is it? The battery for a Wii remote is a AA.

Besides all of that, after being confronted with the manufacturers service diagram and photos of the original parts, and after having been given the chance to find matching nuts or make good on the sale somehow, he accepted the return under the SOGA and still insisted on a 25% handling fee. This is the issue I have.

Bris, your comments are uncalled for and disrespectful of a forum member. You have no idea of my level of expertise. I have replaced exhaust parts several times on my Metro, rebuilt a Vauxhall engine and even built replacement hydrogas suspension parts for the Metro when they became unavailable. This is the first time I've had to do anything underneath my Toyota, and frankly, I don't like the urine being taken out of me by a jumped up so and so behind a counter. We're on the MSE forum exactly because a subset of these behind the counter people like to jerk customers around regarding consumer law. The SOGA entitles you to a full refund, I now know. And a full refund is just that, not minus any handling fees.

OlliesDad

TRT wrote: »

The part supplied was selected from a registration number look up. The vehicle manufacturer fitted tail pipe has a flange with integral threads on the (now corroded) tail pipe part. The aftermarket unit (which was not described to me as such, and no VM or genuine part was offered) had no threads on the flange. I purchased the bolt described by them as the fitting kit (it was just a single bolt - not what I would call a 'kit'), and the spring (which was described as an exhaust accessory). The original bolts fitted from mid-section to tail-section.

The item, yes, was not faulty. Or maybe it was and the flange hadn't been manufactured properly, not having had the threaded nut attached in the factory. This item was not fit for purpose. It does not replace the original. They also make a complete aftermarket exhaust system, comprising single piece front, cat and mid section, and separate tail section. I haven't examined one of those.

It is a reasonable expectation that when you purchase a replacement part and fixings kit that those parts are correct and are a replacement. It's like asking for replacement battery for a Wii Remote, being sold a rechargeable AAA and then being told, well, that replaces the battery in our after-market rechargeable battery pack. Yes, but it's not what I asked for, is it? The battery for a Wii remote is a AA.

Besides all of that, after being confronted with the manufacturers service diagram and photos of the original parts, and after having been given the chance to find matching nuts or make good on the sale somehow, he accepted the return under the SOGA and still insisted on a 25% handling fee. This is the issue I have.

Bris, your comments are uncalled for and disrespectful of a forum member. You have no idea of my level of expertise. I have replaced exhaust parts several times on my Metro, rebuilt a Vauxhall engine and even built replacement hydrogas suspension parts for the Metro when they became unavailable. This is the first time I've had to do anything underneath my Toyota, and frankly, I don't like the urine being taken out of me by a jumped up so and so behind a counter. We're on the MSE forum exactly because a subset of these behind the counter people like to jerk customers around regarding consumer law. The SOGA entitles you to a full refund, I now know. And a full refund is just that, not minus any handling fees.

Who did the registration look up? Was it you on the website or by them?

If you told them exactly what you wanted, I think you are entitled to a refund, if you asked for the parts without any extra assistance, I think Eurocarparts are right.

I dont think anything that Bris wrote was disrespectful, just a differing point of view.. something that you will find on forums.

TRT

I know. Forums. Tsh!

They looked it up on their in-store terminal whilst I was stood at the counter.