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E-Cig Blows Up - Issues With Retailer

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Woodall_2
Woodall_2 Posts: 2 Newbie
edited 29 November 2013 at 7:24PM in Consumer rights
Hi all,

I bought an e-cig battery a couple of weeks ago and it was working fine until today when it was on charge (40 minutes) through a USB port on my computer and blew up.

It flew across the room under the sofa and then flew and landed on the dog's bed (Fleece cushion), caused that to set alight, along with my child's toy and it has also burnt my laminate flooring really badly.

I went to the shop I purchased it from with the receipt, unit and photographs of all the damage and asked for a refund. They told me, despite seeing what was left of the unit, that they had to take it away for investigation, which I wasn't entirely comfortable with because the woman said none of their units have ever blown up but people have apparently tried to take faulty ones back to them before and they apparently didn't originally come from there. All sounds fishy and I thought she'd happily dispose of the unit.

So I phoned Trading Standards and they put me through to Consumer Advice who asked me to give them all the information, they're passing it back to TS, who are taking up my complaint and I have to write a formal letter of complaint to the business. Trading Standards are very interested in looking at what is left of the unit and I'm more than happy to give it to them, but not some shop that has been on my high street for a couple of months.

I have a couple of questions;

1. Should the retailer have refunded me there and then as opposed to taking the unit off me?
2. What advice could you give and what should my next steps be?

Thanks, (I was a member on here until a couple of years ago but can't remember any of my old account details)

PS: Aside this, I waited for 25 minutes in the shop behind a couple who spent £98 and I was courteous enough to not bring the issue up whilst they were being served.

PPS: I recorded the conversation with the woman in the shop. Sounds like blatant deflection of blame.

Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Advice is, take trading standards advice.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Where did the USB cable come from ?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Woodall wrote: »
    Should the retailer have refunded me there and then as opposed to taking the unit off me?

    No, I don't believe so.

    The seller has every right to determine that the fault isn't due to misuse before offering a remedy which could be a refund, replacement or repair.
  • hollydays wrote: »
    Where did the USB cable come from ?

    With the battery.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The fact is the retailer has the right to investigate the problem, trading standards can do their own investigation but they can not deny the retailer the same right.

    Equally the retailer at this point did not need to offer you a refund there and then as they do have the right to determine the problem.

    Trading standards will need to test other e-cigs of the same model to determine if it is dangerous or not, a one of fault will not result in a favorable outcome for you.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    You really need to read up about the risks of these batteries and take appropriate precautions to prevent overcharging.

    Can you prove you didn't overcharge it?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hintza wrote: »
    Can you prove you didn't overcharge it?
    But after such a short period, we are told 'a couple of weeks', won't it be for the retailer to prove the OP did overcharge it?
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    wealdroam wrote: »
    But after such a short period, we are told 'a couple of weeks', won't it be for the retailer to prove the OP did overcharge it?

    It's a battery.

    So you have the debate on how disposable it it.
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