What should or could I have done?

aitch2oh

Last month I decided that my 15 inch monitor needed replacing. As I have sight problems I chose my new monitor with care and then used the internet to find it. I found it at Stuff-uk and ordered it. When it arrived it was quite easy to set up except that I could not turn down the brightness. I tried to get help and in the end a techie nephew said the monitor was faulty. I contacted Stuff-uk about sending it back and they got nasty and said that I was not working it properly. I then decided that I would return the monitor within 7 days under the distance rules and I packed it up according to Stuff-uks exacting instructions and it was collected. I was then told that I could not return it as there were three scratches on it. I was told that the brightness had been fixed and that I was to pay for the transportation of the monitor to and from my home. This led to several emails and one included a remark about the man not being able to help "people like you". I insisted that the monitor that they wanted to send to me was not the one I had sent back. They were tricking me. I told them that I had found out that there was little I could do as the monitor cost under £100. I told Stuff-uk to stuff it and said that I hoped they were happy to have fiddled a disabled pensioner out of £88.00.

My question here is what else could I have done?
I am fortunate that I will not go hungry or freeze for the sake of £88 but there is a principle here.

Please don't anyone call me stupid please. I am lucky in that I have been shopping online for about ten years and this is the, hopefully, only time I have lost because of nasty people but I would like to learn from this.

italiastar

Ive only bought from stuff-uk once and found their customer services excellent, but it goes to show, you only know what a company is like when things go wrong.

Did you pay by credit card? Contact them.

From what you say, Stuff have fixed the fault which confirms it was faulty and not user error, therefore you are entitled to a refund, and certainly wouldnt have to pay transportation costs.

Call them again and say that you want a refund because it was faulty.

frugal_mike

Your right to cancel under The Distance Selling Regulations is unconditional. They can't refuse to refund you for a few scratches (if indeed there were any). They could if they wanted make a claim against you for the damage.

When cancelling an online order under The Distance Selling Regulations you should:

• Tell them by durable means that you are cancelling. Letter or email are fine, but phone isn't. You have to do this within the 'cooling off' period. This will be a minimum of 7 working days starting the day after the item is delivered to you.
• Make the goods available for the seller to collect or post it back to them yourself, once you have been notified by the seller that they want the item back. They should notify you by durable means.
• Tell them if you are rejecting the item because it does not conform to contract (in your example it was faulty etc). They cannot charge you for returning the item if this is the case.
• Make sure you have evidence that you gave them the item back (a receipt from the courier etc)

If they refuse to refund you then you can report them to trading standards. You can also make a claim against them in the Small Claims Court.

If the monitor had cost more than £100 and you had paid on credit then the credit supplier would be jointly and severally liable for the contract so would owe you your money back.

Where the item is less than £100 you can try a charge back by calling your card provider. This isn't a statutory right though, and I'm not sure whether or not it can be used in cases like this

WTFH

I realise this may seem harsh, but if your sight is an issue, would it not be better to buy a monitor from a shop where you can see how good it is?

frugal_mike

WTFH wrote: »

I realise this may seem harsh, but if your sight is an issue, would it not be better to buy a monitor from a shop where you can see how good it is?

OP says they did research before buying. I had assumed that probably meant browsing in a shop, and then searching for the cheapest price. Looking at monitors in a shop wouldn't stop them being faulty anyway.

italiastar

WTFH wrote: »

I realise this may seem harsh, but if your sight is an issue, would it not be better to buy a monitor from a shop where you can see how good it is?

How relevant is your comment to what the OP asked - he did not say that the monitor wasnt suitable for him, he said that the brightness control didnt work.

unholyangel

When they said they had fixed the brightness, did they mean settings or that they've actually repaired it?

WTFH

italiastar wrote: »

How relevant is your comment to what the OP asked - he did not say that the monitor wasnt suitable for him, he said that the brightness control didnt work.

Because you can ask the shop assistant to switch your one on for you before you leave the store, and if there is a problem you will spot it then. Alternatively you can take it back to the store and discuss a problem face to face, rather than by email/phone.

So now, rather than having a working monitor, the OP is in an argument with an online seller. How much cheaper was the online seller than the shop he went into? Was the saving worth it?

Leo2020

I had a battle with the DSRs and Stuff-UK. They said because I switched the tablet on that I could not return it.

I exchanged many emails and sent a letter before action - they then gave in. But they made it seem like I was being an awkward customer. They also implied that they thought I had some sort of legal training and they were just ordinary people. I have no legal training I have just read and understood the DSRs unlike Stuff-UK.

What frugal_mike says about your right to return being unconditional is correct.

From the Guide to DSRs:

"When do I have to refund a consumer’s money if they cancel
an order?
3.46 As soon as possible after the consumer cancels, and in any case within 30 days at the latest. You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund. See also paragraph 3.64.

Can I withhold a refund if a consumer fails to take
reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give consumers an unconditional right to cancel a contract and legally oblige you to refund all sums due in relation to the contract as soon as possible after the consumer cancels, and within a maximum of 30 days. The DSRs do, however, give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care."

I sent the guys, Alan/Jeff I think, a copy of the this Guide and a copy of the DSRs. Looks like they haven't taken much notice.

aitch2oh

Following frugal_mikes advice I contacted my card people and they are sending me a dispute form to fill in by snail mail. I will keep posting how I get on as it might be useful at this time of year what with Christmas and the sales.

Incidentally I shop online because I am disabled. I have not been in anything but my corner shop, which is almost next door, for over 20 years. Even with this dispute I still think internet shopping is fantastic. In recent years I also factor in distance so it is not just the price that counts with me it is the distance the goods have to travel for the sake of avoiding the use of petrol which costs so many lives. So this company was the third cheapest (by very little) but is was the nearest.

Leo2020 is very encouraging.

Unholyangel; I have no idea about this. First they said that there was nothing wrong, and then they said they had fixed it. This is why I think it was not the same monitor.