returning goods for refund

benson1980

Hello all,

I was after some legal pointers on the following scenario. I bought a jump starter pack for my car (around £60), from Machine Mart a couple of days ago- I hardly ever use my car and was getting bored of having to use neighbours cars to restart it when the battery had gone flat (as I'm sure were they). Long discussion with salesperson re: which one would actually work. I stated that my particular car isn't the easiest to jump start (due to high compression engine) and was looking for something reasonably powerful. He says "any of these sir, they will have no problem starting your car", stating that they would be fine for up to 3l engine capacity (mine is a 2l).

The pack was useless; failed to start my car and in the end managed to get it started with some jump leads and a neighbours 1.2 fiesta. This therefore rendered the item completely pointless for me and not fit for purpose.

Now I assumed that I would have no problem getting a refund- wrong. Went into the store, explained that the item wasn't fit for purpose, and asked for a refund.

This was refused, on the basis that they would send it to the manufacturer, they would test it, and when/if they found nothing wrong with it, they would send it back and Machine Mart would pass it back to me and refuse a refund. I said that this was pointless as I'm sure it would test fine- the product itself was inherently not powerful enough to start my particular car, which the salesperson at the time assured me that it would be.

He said that he'd do me a favour and do a credit note for me, but no chance of a refund. I said this was wrong- he quoted the sales of goods act and assured me that he was right. I didn't have time to argue with him as I was on my way to work, took the credit note and left.

What I was after was some expert advice on whether a store can delay/refuse a refund on the basis that they send it to the manufacturer for testing, and on the basis that they told me that it would be powerful enough to jump start my car when it clearly isn't.

I realise now I shouldn't have accepted the credit note after doing some googling and seeing all the complaints about Machine Mart regarding their dubious returns policy

Thanks in advance

bris

They do have the right to test the product to prove fault before refunding yes. The guidelines state this should not cause any significant inconvenience to you, but stops short on giving an actual timescale, so it is still subjective as to how long this can take.

He was wrong to say SOGA gives him the right to issue you with a credit note as it does not for faulty goods, but as you accepted it you have now accepted the remedy and will now have to use the credit note, just make sure there is no expiry date on it that catches you out.

tomwakefield

If it came to it, could you prove that you were informed the product would be fine to start your car, or would it be your word against the shops?

benson1980

tomwakefield wrote: »

If it came to it, could you prove that you were informed the product would be fine to start your car, or would it be your word against the shops?

It would be my word against his; other than recording the conversation there's no feasible way of proving it beyond doubt so there's nothing else that I could have done really to document the fact that he told me this.

Cheers for the advice- I assumed I was stuffed as I'd accepted the credit note. Once I've used up the credit I'll just make sure I give a different company my business in future