Next product recall, but we've moved abroad, what are our rights?

Hurtle

We bought a cabin bed for our daughter from Next a few years ago.
In October 2012 we left the UK for New Zealand.

We have recently received a letter (forwarded mail) from Next saying that the cabin bed has been recalled due to safety issues and telling us not to use it any more. They offered to collect it and refund the money or replace it.

My wife rang them from New Zealand and was told that as we couldn't return it we can't have a refund! Seems to me that is not our fault and furthermore if a car is recalled due to faults, it's global, so if we had brought our cars to NZ and one was recalled, it would still be fixed.

We have been told we will be contacted by their "Escalation Team" as my wife asked them if they are a member of an ombudsman scheme, but I thought it worth asking here as there is a wealth of knowledge available.

What are our rights and can they legally squirm out of their obligations?

Thanks.

visidigi

Hurtle wrote: »

We bought a cabin bed for our daughter from Next a few years ago.
In October 2012 we left the UK for New Zealand.

We have recently received a letter (forwarded mail) from Next saying that the cabin bed has been recalled due to safety issues and telling us not to use it any more. They offered to collect it and refund the money or replace it.

My wife rang them from New Zealand and was told that as we couldn't return it we can't have a refund! Seems to me that is not our fault and furthermore if a car is recalled due to faults, it's global, so if we had brought our cars to NZ and one was recalled, it would still be fixed.

We have been told we will be contacted by their "Escalation Team" as my wife asked them if they are a member of an ombudsman scheme, but I thought it worth asking here as there is a wealth of knowledge available.

What are our rights and can they legally squirm out of their obligations?

Thanks.

Do NEXT sell the item and ship it to NZ new? Or is, as I suspect not sold to that destination (not cost effective).

I suspect they may offer a partial refund, taking into account use, or possibly a full refund based on circumstances.

Have they said why its being recalled? I note you didn't say they were offering repairs, so I guess a repair kit isn't being made available?

photome

Hurtle wrote: »

We bought a cabin bed for our daughter from Next a few years ago.
In October 2012 we left the UK for New Zealand.

We have recently received a letter (forwarded mail) from Next saying that the cabin bed has been recalled due to safety issues and telling us not to use it any more. They offered to collect it and refund the money or replace it.

My wife rang them from New Zealand and was told that as we couldn't return it we can't have a refund! Seems to me that is not our fault and furthermore if a car is recalled due to faults, it's global, so if we had brought our cars to NZ and one was recalled, it would still be fixed.

We have been told we will be contacted by their "Escalation Team" as my wife asked them if they are a member of an ombudsman scheme, but I thought it worth asking here as there is a wealth of knowledge available.

What are our rights and can they legally squirm out of their obligations?

Thanks.

Cars are recalled globaly if sold globaly, is the Next bed sold globaly?

If it isnt I cant see how you can put the blame on Next if you have moved to the other side of the world

Only my opinion though, the law may be different

Hintza

Hurtle wrote: »

Seems to me that is not our fault

It certainly isn't Next's fault.

It is a bed for goodness sake find out what the fault is and effect some repairs or do as I would do and carry on using it.

martinthebandit

Hintza wrote: »

It certainly isn't Next's fault.

It is a bed for goodness sake find out what the fault is and effect some repairs or do as I would do and carry on using it.

Is the right answer.

ThumbRemote

Hintza wrote: »

It certainly isn't Next's fault.

It is a bed for goodness sake find out what the fault is and effect some repairs or do as I would do and carry on using it.

Well Next sold the product that led to this situation...

And a cabin bed collapsing could be a lot more painful than just a normal bed.

Seems a bit petty of Next to require the whole bed returning before they'll issue a refund. Would they accept just the screws and bolts sending back as a compromise?

Hurtle

Thanks for the replies

No, next don't sell the bed in NZ, or any furniture, although they do have a website here and sell clothes etc.

Next have issued the product recall and they, as the retailer are responsible. I assume they will then deal with the manufacturer from their end. Their letter states it is being recalled for safety reasons and should not be used. We purchased it in good faith as fit for purpose. They haven't actually said what the fault is, so we can't repair it.

I hear what you say about fix it and carry on, but why should we (assuming we knew what the fault was) if they say it's dangerous and are offering a full refund.

If we'd got rid of the bed, then fair enough, no refund, but my daughter was still using it, with no intention of replacing it. We can do without the expense of a new bed at the moment, aside from the fact stuff is really expensive here.

shaun_from_Africa

ThumbRemote wrote: »

Seems a bit petty of Next to require the whole bed returning before they'll issue a refund. Would they accept just the screws and bolts sending back as a compromise?

It might be the case that they want the beds back so that they can be returned to the manufacturer in order for them to either be modified or repaired or possibly stripped down and recycled and some of the parts used for building new beds.

Why not ask Next if they can tell you what is going to happen to the returned beds, and if they state that they are going to be destroyed due to safety concerns, ask if they would be happy to accept a video clip of you destroying the one that you have.

Originally Posted by Hintza

It certainly isn't Next's fault.

It is a bed for goodness sake find out what the fault is and effect some repairs or do as I would do and carry on using it.

What about if the recall is not to do with something that can easily be repaired but if something that is more of a serious health concern?
Say for example, an unsafe varnish or wood preservative has been used? This is possibly more of a factor if the beds are being used by children. (I know, someone had to bring "what about the children" into it!)

Hurtle

Final update. The Next Escalation Team did get in touch and said that it was no problem at all. They have paid the money into our account and weren't bothered about us returning the nuts and bolts etc to prove the bed had been destroyed.

Fair play Next!

Thanks. :T

photome

Hurtle wrote: »

Final update. The Next Escalation Team did get in touch and said that it was no problem at all. They have paid the money into our account and weren't bothered about us returning the nuts and bolts etc to prove the bed had been destroyed.

Fair play Next!

Thanks. :T

good result

agrinnall

Hurtle wrote: »

Final update. The Next Escalation Team did get in touch and said that it was no problem at all. They have paid the money into our account and weren't bothered about us returning the nuts and bolts etc to prove the bed had been destroyed.

Fair play Next!

Thanks. :T

That's a good result, but did they also tell you what the problem is so that you can decide whether to continue to use the bed or destroy it?