I brought a laptop online but didnt recieve the battery

StudentCaptain

Hello

I purchased a laptop from Very.co.uk last week, it turned up without a battery.
I have asked them to send me the battery as they did not deliver it in first place as promised, they are saying they dont ship batterys out seperatley and that i should go to a local shop a buy one myself, i think they are taking the !!!!.
They say i cant return the product as i have used it. First i only asked them for the battery, but they are !!!!ing me off with their attitude, im thinking of asking for a full refund, what are my rights?

I am reading up on http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf

I will threaten them with small claims courts, does anyone have a good template letter for this?

thanks

WTFH

If it's within 7 days, you can reject it under DSR.

Be wary of very.co.uk - quite a few threads about them.

harrys_dad

You would be much better off rejecting it completely as advised above, but do it within 7 working days of receiving it. Do not deal with this firm. There are better value for money offers elsewhere.

StudentCaptain

cheers, i have just sent them an email saying i will start formal legal proceedings, & i will send them a letter to settle the dispute via small claims.

I just need to find a template now with the correct legal jargon.

WTFH

StudentCaptain wrote: »

cheers, i have just sent them an email saying i will start formal legal proceedings, & i will send them a letter to settle the dispute via small claims.

I just need to find a template now with the correct legal jargon.

You don't need to say or do anything about formal legal proceedings, just email them to say your are rejecting the goods under the distant selling regulations.

Nothing more, nothing less.

sodukoman

StudentCaptain wrote: »

cheers, i have just sent them an email saying i will start formal legal proceedings, & i will send them a letter to settle the dispute via small claims.

I just need to find a template now with the correct legal jargon.

You are going to start formal legal proceedings within ~10 days of your order....good luck with that!

harrys_dad

StudentCaptain wrote: »

cheers, i have just sent them an email saying i will start formal legal proceedings, & i will send them a letter to settle the dispute via small claims.

I just need to find a template now with the correct legal jargon.

What is the point of asking for advice and then ignoring it?

neilmcl

OP, I suggest you take the advice offered. Either cancel under the terms of the DSRs, although you may have to pay for the return. Alternatively, you can seek a full refund under the SOGA. How did you pay for the laptop?

You wont get far jumping straight to legal proceeding until you first attempt to resolve the issue with the seller.

StudentCaptain

To Whoom it may concern,



RE: Consumer Protection (DistanceSelling) Regulations 2000



On (insert date) I ordered (Laptop). Ireceived the goods on (insert date)/ I have recieved the good but without thebattery. After several days of trying to resolve the matter it has not beenpossible. I am now demanding a full refund to which i am legally entitled to.



Under the Consumer Protection(Distance Selling) Regulations 2000 I am entitled to a seven-day cooling offperiod, starting from the day after I bought the goods. I am therefore writingto cancel the order and request that you provide a full refund within 30 days.



Please contact me within 14 days toarrange collection/return of the goods.



Yours sincerely

---

thats the template i was going to send, i paid for it via debit card online

i guess i shouldnt bother with this letter , i already told them i want the full refund and stated DSR

i have tried to resolve the matter with them, but they are saying they cant accept returns as i used it, and they wont ship batterys out seperatley, they are telling to buy my own battery from local shops.

StudentCaptain

i guess now i just have to wait for their response...

bris

You need to send it back if you are cancelling under DSR they have no obligation to collect it.

Remember there is a good chance they will not refund so you have a fight on your hands, it looks to me like they dispute the claim of no battery as they would have shipped a sealed box to you.