Have I lost my rights to return faulty item

frugal_mike

How much did the tiles cost, and how did you pay for them?

The reason I ask is because if you paid on a credit card (or used another form of credit) and the goods cost more than £100 then the credit supplier is jointly liable for the contract. You can make a Section 75 claim against them to get your money back.

NurseMoneySaver1122

Thanks for all your helpful replies so far frugal-mike!

We paid about £150, so yeah over £100, and paid by Credit Card. I had heard about claiming back off credit cards, although never done it. I would ideally like that to be a last resort.

I would like to know first if they can be reported to anyone, for failure to respond or exchange the faulty goods? Like trading standards, OFT or someone else?

Surely, if I'm covered by sale of Goods Act, and they are breaking the rules, they are reportable. So at least I could try and threaten them and then see if they respond and address the problem first.

If so, but that still doesn't get us anywhere, then I will look more into going down the credit card reclaim route

wealdroam

NurseMoneySaver1122 wrote: »

I would like to know first if they can be reported to anyone, for failure to respond or exchange the faulty goods? Like trading standards, OFT or someone else?

Yes of course you can. The courts are who you can report them to.

Send the seller a letter before action.

Explain the problem.

State in the letter what you want to happen, beit a refund, replacement or whatever.

State when you expect this to happen... within 14 days (say).

State what will happen if they fail to do this... you will start a small claims court action to recover you money.

Send a real letter by recorded delivery.

For more detail on a lba, including a sample, see this CAB webpage:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

While waiting for a response, have a read of MSE's Small Claims Court guide.

frugal_mike

You can certainly go to Trading Standards. I've never dealt with them myself so I'm not sure how effective they are, but if other people report them too then hopefully they will act.

You could also try sending a Letter Before Action to try and scare the retailer into responding. That's a letter that you send as a final chance to them before starting court action. Even if you don't actually take them to court it may wake them up.

NurseMoneySaver1122

Thanks to everyone for your replies.

Luckily, we had a phone call from them to say our replacement item will be delivered, which it now has. So luckily we haven't got to go through the threats.

Thanks again to everyone who offered advice, you've all been a great help

bod1467

Will they collect the originals at the same time?

And I presume you'll remove the protective film from a sample quantity straight away to check they're OK?