Product refund not forthcoming...risky to send item back first?

Skypist

I bought an expensive item from an independant dealer on a Sale Or Return basis back in October. After trying it out it didn't deliver what I expected it to, and so within 7 days I emailed wanting a refund. A refund was promised, but the dealer wished me to store the item for a while until he sold it, and then he'd arrange shipping from my address. I was happy to do this, mostly out of pity hearing cashflow hardluck stories from him.

However, when I found out that an identical item plus several more expensive items were sold prior to Christmas, yet I was still being given the hardluck stories, I lost patience. A refund was still promised before the New Year but not a £ has been placed in my account and I he won't be tied down to repayments. As it's now nearly the end of January I sent the formal letter demanding repayment as per emails stating SOR plus Distance Selling Regs, yet still nothing.

My question is: he is now offering to send a courier to collect the item if it is in the same condition that it was sent. I have been given different advice regarding this....some say hold the item until he refunds because I'd then be left without any asset in case he tries to wriggle out of it (and he may well try to claim some cosmetic damage being the slippery character he is), and some say I must let him collect the item before I go to the Small Claims Court.

He knows I am logging a Small Claim about this and I have the forms ready to go. Can I hold the item until he refunds? If he takes it back, doesn't refund and then claims I damaged it, should I then begin a separate claim to oppose this?

unholyangel

I'd say no. Effectively its his item as you have rejected it. Would you find it reasonable if someone held on to your possession after you asked for it back? Just get a receipt for its collection from the courier. If he has contracted the courier, its his problem once its picked up by the courier. You could also take pictures of it before and after packaging it up to prove you haven't damaged the item.

Do you have anything in writing confirming the refund/courier?

McKneff

You wouldn't have a leg to stand on in a court so I wouldn't waste my time.


Of course he isn't going to refund you until the item is back with him.
What if its used or damaged.


It really is normal practice with business to issue a refund after they have got it back and examined it. Simple as that really.
He probably thinks you think he is stupid to be honest.

DCFC79

Im intrigued to know what the item is ?

Skypist

For the last 3 months he said he would refund me without the items being sent back...because he specifically asked to sell them on from my address. Only now that I said I'm starting a claim is he asking them back, definitely in the hope of finding an issue with them to avoid the refund.

Add this to the fact that he claimed financial cashflow problems so there was a risk that I'd lose the asset and the refund if he knew he was going to file for bankruptcy.

But I hear what you're saying...if you think I wouldn't have a leg to stand on I'll have to take my chances (take some photos) and return the item.

The item was hifi-related by they way.

SuperHan

If you bought on sale or return you shouldn't have paid for the item? So there would be no refund... You just return instead of paying. By paying, you would rescind your right to return.

Or do you mean he had it on sale on return? And that's why he won't take it back without a resale??

The risk is he will take the item and if he is having cash flow issues, he may go in to administration and then not owe you the refund any more.

Skypist

SuperHan, exactly what I mean...I guess that's why some people recommended that I hold the product until refunded.

Ok, not technically SOR, but I have it in writing that he required payment upfront and that I could demo the speakers and return them if I didn't like them (he and I referred to it as SOR).