Do I have to accept this or not?

TAG

Hi,

I just wondered if anyone had an answer to this or could point me in the right direction?

Long story short. Bought a TV from a catalogue company. After 15 mths of use it stopped working. Catalogue company eventually agreed to repair it. Turns out it can't be repaired as it's the main component that has gone and a spare part cannot be sourced from anywhere.

I have asked for a replacement or refund. Catalogue company have chosen a refund, less 20% of the value of the TV. So, TV cost me £499 and they will refund £399. Which I accept is fair.

They want to credit my catalogue account with this money and I don't really want them to. As the account is completely clear and I intend on closing it once this has been sorted. Plus, I would prefer to purchase a tv elsewhere now, after nearly two months of wrangling with them over this.

Do I have to accept the credit to my account or can I insist that they send me a cheque?

TIA

halibut2209

How did you pay for it?

TAG

It was paid for on the account over a 52 week period. But was paid in full well before the 52 weeks was up.

paddyrg

Can they credit the account (the original methods of payment), then when you close the account, get a refund of the account value? I'm just thinking it may be different departments at work here, and splitting it into two transactions may actually be the easiest way!

bris

As they have admitted blame then no they can't insist on credit. As it's fully paid then you are entitled to the refund but getting them to agree is a different matter.

If they hold out then only the small claims court can make them see sense, keep all correspondence, emails etc to prove they took liability on for the fault.

You need to send a LBA first but that might be enough to spur them on to refund you.

AnnieO1234

Be very careful, have they admitted blame or said it is a gesture of goodwill? If the latter, you (I don't think) have any ability to say in want it as cash type thing. However, you should get a refund of any credit amount on closing the account.

X

TAG

Yes, they have admitted blame.

It's their own engineers that have advised them that the TV is beyond repair.

It's being collected today from the engineers to go back to the catalogue company.

The email I received yesterday told me the above and said they would credit my account with £399 once they received the TV back.

The credit can take up to 14 days to reach my account. Should I decide I want a replacement then I should wait for the credit to go on my account before ordering.

So, they're forcing me to buy from them again, which I don't want to.

So, am I within my rights to insist on a payment by cheque?

wealdroam

TAG wrote: »

So, they're forcing me to buy from them again, which I don't want to.

So, am I within my rights to insist on a payment by cheque?

Have you read the earlier replies?

Some suggest once the refund is in your account, then closing the account will produce a cheque.

That's worth looking into, isn't it?

After all, you paid for the goods from your account, so are being refunded to your account.


It has also been suggested that you send them a letter before action.

Either way, you are entitled to a cash/cheque/card refund.

[Deleted User]

And hopefully use the money to buy a better TV (buying from a catalogue is rarely the best value option although it obviously offers delayed payment options).

macman

If the warranty was only 12m, then they were under no obligation to repair or refund it, so they can dictate the terms as they wish.
If the warranty was 15m or longer, then they can replace, repair or refund-the choice is theirs.

wealdroam

macman wrote: »

If the warranty was only 12m, then they were under no obligation to repair or refund it, so they can dictate the terms as they wish.
If the warranty was 15m or longer, then they can replace, repair or refund-the choice is theirs.

You seem to have over-looked any remedy the buyer might be entitled to under The Sale of Goods Act.

SoGA allows one to seek a remedy for up to six years.

The seller cannot ignore their SoGA responsibilities just because the warranty has expired.