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Non-delivery consumer rights

Hello,

I would like to know my consumer rights when an item is not deliveried. Here are the basic details...

What - Samsung washing machine
When - Last week
From where - Currys Online
Paid by - visa debit card
What went wrong - the item was not delievered but Currys computer system says it was (even thought they admit they have no signature for the delivery). I needed this item ASAP as we have a new born and no washing machine! As it wasn't deliveried on time and they could not say when, or if, a replacement would be delivered I have had to buy another machine from a different supplier.
What they say - Currys will not tell me if they will refund the purchase or when they will decide - they need to wait for 'Holly' to calculate the answer!
What I want - a refund. I understand consumer rights if the item has been delievered but in this case it is a bit tricky as I never recieved the item and need to wait for them to decide if I have recieved the item or not. I would like to know the legal standpoint and what I can do...

Best,

Dave

Comments

  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As you bought it online, then reject it under distance selling regulations. Do this in writing.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    Yes, cancel under DSR for an immediate and full refund. You can then chase up the non delivery issue with the money in your bank or a new washing machine.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yes, as Pinkshoes says, cancel the order under DSRs in writing, and they must refund all monies paid including any delivery charge.

    Even if the goods suddenly turn up on your doorstep, you are perfectly within your rights to refuse to accept the delivery.
  • Many thanks for the prompt replies. Letter is in the post. When the law is so clear it makes you wonder why companies such as Currys miss lead consumers so badly?

    Dave
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    emptydave wrote: »
    Many thanks for the prompt replies. Letter is in the post. When the law is so clear it makes you wonder why companies such as Currys miss lead consumers so badly?

    Dave

    They should refund you asap, but must do so within 30 days.
  • Cycrow
    Cycrow Posts: 2,639 Forumite
    emptydave wrote: »
    Many thanks for the prompt replies. Letter is in the post. When the law is so clear it makes you wonder why companies such as Currys miss lead consumers so badly?

    Dave

    because most people dont know the law, so companies try to get away with it.

    but then most customer assistants dont really know the law either, they will only know the stores policy
This discussion has been closed.
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