Carparts4less

pd52

A couple of weeks back I ordered a new EGR valve for my car from this company. It arrived and was duly fitted to my car by my local mechanic at his garage. After test driving the car it was apparent there was an issue- no power, kangarooing. It was hooked back up to the computer and it showed the EGR was at fault.

I called up Carparts4less to explain, they were not very helpful and said I would need to return the part and it would be sent back to the manufacturer under warranty and this would take 4-6 weeks then they would decide if on a refund/replacement or none if it was my fault ~ (it had been on the car for 45 minutes) and in my possession for a few days ! So well under 7 days

The mechanic ordered me a genuine Peugeot part and it was fitted - no more problem

I explained to carparts4less that I wanted a refund as I needed the car for work and couldnt wait. They point blank refused and said I need to wait 4-6 weeks and the decision from the manufacturer would final and they accept no liability. It was returned last Wednesday and they had it back today.

They told me the Distance selling Act and Sales of good Act don’t apply because it was fitted to the car ( how else would we know it was faulty?!) hence why I have to claim off the warranty

[FONT=&quot]Any advice would be great:([/FONT]

stebiz

As it is within the 28 day period you are within your rights to request a refund.

If the manufacturer says the item was not at fault you will need to get an independent report yourself and then either claim back from your credit card (assuming you used one and it was over £100) or file a small claims against the retailer.

pd52

stebiz wrote: »

As it is within the 28 day period you are within your rights to request a refund.

If the manufacturer says the item was not at fault you will need to get an independent report yourself and then either claim back from your credit card (assuming you used one and it was over £100) or file a small claims against the retailer.

The part cost £97.00 and I paid using my Visa credit card. I cant believe they are expecting me to wait 6 weeks

stebiz

pd52 wrote: »

The part cost £97.00 and I paid using my Visa credit card. I cant believe they are expecting me to wait 6 weeks

Then unfortunately it won't be covered under Section 75. A small claims will take a few months so unless they say they're at fault it could be a long drawn out process.

mo786uk

You can reject the item if it is faulty - you will probably need something fro myour mechanic as proof.

Law is SOGA.

You can then start a small claim to reclaim

Only problem is if the manufacturer sends it back and they say it is OK - it will be their ord against your mechanics.

pd52

i would of been happy with a replacement at first but when they told me it could be 6weeks (probably more with xmas) for a replacement so i just asked for a refund as i needed my car back on the road, i would have no means to get to work for nearly 2 months! so annoyed

frugal_mike

pd52 wrote: »

They told me the Distance selling Act and Sales of good Act don’t apply because it was fitted to the car ( how else would we know it was faulty?!) hence why I have to claim off the warranty

[FONT=&quot]Any advice would be great:([/FONT]

They are somewhat mistaken if they think that fitting the part to your car means the Sale of Goods Act doesn't apply (and they may be committing an offence if they said that).

Fitting it to the car does not necessarily rule out the Distance Selling Regulations either, but that isn't hugely important since the item is faulty. You have the right to reject it for a full refund. However if you did notify them you wanted to cancel via durable means (email or letter etc) within 7 working days from the day after delivery they shouldn't refuse a refund.

Since it is less than 6 months since purchase the item will be assumed to be inherently faulty unless proven otherwise. I would imagine any statement from the manufacturer would not hold as much weight as an independent expert since the manufacturer may need to pay money to the retailer if they admit its faulty.

arcon5

Phone your bank and ask to initiate a chargeback

Brooker_Dave

pd52 wrote: »

They told me the Distance selling Act and Sales of good Act don’t apply because it was fitted to the car ( how else would we know it was faulty?!) hence why I have to claim off the warranty

[FONT=&quot]Any advice would be great:([/FONT]

Nonsense, you have 7 working days to reject this, and given it's faulty you can ask for your return shipping costs back too.

Remind CP4L of their duties.

(CP4L = Eurocarparts BTW)

mo786uk

Brooker_Dave wrote: »

Nonsense, you have 7 working days to reject this, and given it's faulty you can ask for your return shipping costs back too.

Remind CP4L of their duties.

(CP4L = Eurocarparts BTW)

Not true

Distance Selling would cease to apply once the aprt was fitted to the car

The Distance selling regulatiosn provide cnacellation right if you want to change your mind - if you start using the godos you lose the right to change your mind.

Sale of Goods Act covers faulty goods - and it would not make a difference if the goods were used if they were faulty at time of sale.

Brooker_Dave

mo786uk wrote: »

Not true

Distance Selling would cease to apply once the aprt was fitted to the car

Distance selling act allows the consumer to try the goods, in this case fitting them to the car.

HTH.