Credit note confusion

Barking_Frog

Four years ago (February 2010) I returned a faulty drill to Tooltime that had failed roughly three months after purchase. I was told in a phone conversation, following evaluation of the returned drill by Tooltime, that even though the drill had failed through no fault of my own, because a reasonable length of time had passed since it was purchased, a refund would not be made. Instead, I was offered credit against a future purchase of £64.99. At the time there was nothing on their website of interest (I had already bought a new drill) and I asked whether a time limit was associated with the granting of the credit. I was told that there was no time limit and was issued a formal credit voucher together with a letter (received in the post) stating that an account had been credited in my name with the sum of £64.99.

I intermittently checked their site when buying tools over the next months/years but never found anything I required. However, last week (January 2014 – 4 years later) I decided to finally attempt to spend the credit and contacted Tooltime. I was told that the credit had expired 12 months after it was issued. However, there is no indication that a time limit was associated with the offer of credit originally made by Tooltime either on the voucher itself or the accompanying letter they issued. In addition, the terms and conditions on their website do not relate to the issuance of credit notes.

My question is, is it worth me pursuing this matter any further? I understand that credit notes / vouchers are often associated with an expiry date but in my experience this information has always been visible, either on the note itself, or the terms and conditions of the issuing company. I realise that four years is a long time to decide to take up an offer of credit but the only reason I left things this long was because of what I was told over the phone by the company so felt no pressure to attempt to redeem the note earlier. Any advice most welcome.


Best wishes,

hollydays

I take it when they said there was no time limit, you don't have this in writing?

ThumbRemote

It sounds like you received a paper copy of a credit note plus a letter. do either of these mention terms and conditions applying?

If there is no mention of an expiry date on the paperwork, nor any t&cs, then they can't just impose an expiry date. I would certainly pursue it further.

frugal_mike

Were you acting as a consumer, or a business? If as a consumer then they probably acted illegally in the first place because they can't insist on a credit note instead of a refund. However if as a business then you have no consumer rights, so it would be down to the terms and conditions agreed to.

Barking_Frog

hollydays wrote: »

I take it when they said there was no time limit, you don't have this in writing?

Hi Hollydays,

Thanks for your reply. This is correct. I was called on the phone by tooltime once they had assessed the drill and determined the reason for failure. Because I had already purchased a drill from elsewhere, in the meantime, I said to them that I did not want to make a further purchase from them immediately and so asked about the a time limit on the credit offer. Having received the response that there would be no limit and finding no limits stated in the credit note and cover letter they subsequently sent through the post I thought no more of it.

Barking_Frog

ThumbRemote wrote: »

It sounds like you received a paper copy of a credit note plus a letter. do either of these mention terms and conditions applying?

If there is no mention of an expiry date on the paperwork, nor any t&cs, then they can't just impose an expiry date. I would certainly pursue it further.

Hi ThumbRemote,

Thanks for your reply. The credit note states that terms and conditions apply. However, the terms and conditions supplied by the company via their website make no reference to credit expiry times and the letter they sent, in addition to the credit note, that makes the offer of credit, refers neither to an expiry time or any associated terms and conditions. This is part of the reason I am a bit confused. If the company had simply referred me to a set of terms and conditions containing an expiry reference I would have walked away (slightly frustrated) but nevertheless I would have felt the responsibility rested somewhat with myself for allowing the credit to expire.

Barking_Frog

frugal_mike wrote: »

Were you acting as a consumer, or a business? If as a consumer then they probably acted illegally in the first place because they can't insist on a credit note instead of a refund. However if as a business then you have no consumer rights, so it would be down to the terms and conditions agreed to.

Hi Frugal_mike,

Thanks for your reply. I am acting as a consumer; the drill was for diy. I did think it was a bit unreasonable initially not to refund the faulty drill as I had only used it a couple of times and it was very likely to have been a faulty product on purchase. However, a time of 3 months had passed since the original purchase so I didn't put up much resistance.

powerful_Rogue

Looks like the only mention of a time limit in regards to gift certificates is when you goto purchase it - http://www.tooltime.co.uk/shoppingcart/giftcertificates.php

Certainly nothing in the terms and conditions relating to gift vouchers.

hollydays

I once bought an item from a shop and queried could I get a cash refund if it wasn't suitable. The member of staff said yes. When I returned it they tried to give me a credit note, so I asked to speak to a manager and explained what I'd been told. They gave me a cash refund.
I suggest you explain what happened by letter to the company.

frugal_mike

Barking_Frog wrote: »

Hi Frugal_mike,

Thanks for your reply. I am acting as a consumer; the drill was for diy. I did think it was a bit unreasonable initially not to refund the faulty drill as I had only used it a couple of times and it was very likely to have been a faulty product on purchase. However, a time of 3 months had passed since the original purchase so I didn't put up much resistance.

Well technically they would have been allowed to pick the cheapest option from repair, replacement or refund. They can't insist on a credit note.

Within the first 6 months the onus is on them to prove there is no inherent fault if they want to refuse one of those remedies. You also can't contract out your rights under the Sale of Goods Act so you are still due a remedy.

If you have any proof of what happened then write to them and remind them of their obligations.

unholyangel

frugal_mike wrote: »

Well technically they would have been allowed to pick the cheapest option from repair, replacement or refund. They can't insist on a credit note.

Within the first 6 months the onus is on them to prove there is no inherent fault if they want to refuse one of those remedies. You also can't contract out your rights under the Sale of Goods Act so you are still due a remedy.

If you have any proof of what happened then write to them and remind them of their obligations.

Remember that disproportionately costly doesnt necessarily mean the cheapest at face value