Faulty Windscreen

Options
124»

Comments

  • gik
    gik Posts: 1,130 Forumite
    Options
    I think that I've 'seen' some initially successful charge backs being reversed further down the line being reported on MSE.
  • Jakg
    Jakg Posts: 2,265 Forumite
    Name Dropper First Post First Anniversary
    Options
    The chargeback was finalised a few weeks ago, but I waited a couple of weeks and called to confirm everything was finished before considering what my next steps were.

    Got a letter today from them saying that they want to replace it "free of charge", "CC'ing" both their solicitors and my credit card company.

    Thought it a bit odd as I've already had a refund, so I called to explain and was told it was no problem and someone would be there tomorrow to fit it - perfect.

    Then get a call 30 mins later telling me they want me to pay the original amount back to them - I explain I understand why but in that case I don't want them to replace it and suddenly they start claiming it's "their windscreen" and they want it back.

    Jokers.
    Nothing I say represents any past, present or future employer.
  • George_Michael
    Options
    Jakg wrote: »
    telling me they want me to pay the original amount back to them - I explain I understand why but in that case I don't want them to replace it and suddenly they start claiming it's "their windscreen" and they want it back.

    Technically they are correct.
    You have a windscreen that hasn't been paid for so it will still belong to the installing company although if they did want it back, I would have thought that they would be required to put you back in the same position as before it was fitted (ie, putting back the original glass that they removed, something that would now be impossible).

    Why not contact them and see if you can come to a compromise, maybe offering to pay the trade price for the window. That will mean that they are not out of pocket and you don't end up with a new windscreen totally free of charge.
  • Glassman
    Glassman Posts: 145 Forumite
    First Anniversary Combo Breaker First Post
    Options
    Jakg wrote: »
    The chargeback was finalised a few weeks ago, but I waited a couple of weeks and called to confirm everything was finished before considering what my next steps were.

    Got a letter today from them saying that they want to replace it "free of charge", "CC'ing" both their solicitors and my credit card company.

    Thought it a bit odd as I've already had a refund, so I called to explain and was told it was no problem and someone would be there tomorrow to fit it - perfect.

    Then get a call 30 mins later telling me they want me to pay the original amount back to them - I explain I understand why but in that case I don't want them to replace it and suddenly they start claiming it's "their windscreen" and they want it back.

    Jokers.

    Why don't you want them to fit a new windscreen?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Options
    Just to pick up on one point ...
    The SOGA is very specific and it clearly states that within the first 6 months following purchase, and fault is due to a manufacturing defect and it is up to the retailer to prove otherwise.
    Simply stating that something is likely is not proof, just a personal opinion not backed up by any factual evidence.

    This is backed up by many Trading standards websites who all state the same thing.
    any faults occurring within the first 6 months are assumed to be present at the time of sale.

    This means you are entitled to a repair or replacement unless the trader can prove to the satisfaction of the court that the goods were satisfactory at the time of sale.

    And a (small claims) court will judge on the balance of probabilities, not absolute proof. So the post you quoted was actually correct, although perhaps the point wasn't so clearly made. :)
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards