Right to postage refund on faulty goods next step.

MANICX100

I ordered a Datel crossplay controller from Amazon.co.uk

Modern-Tech on Amazon Marketplace supplied the item in question; which was unfortunately defective. Despite following all instructions repeated times controller remains unresponsive, both guitar work 100% without the faulty adapter.
I returned the item on 26/08/14 via guaranteed delivery as I wanted to make sure I could track the item to its destination; fearing a situation in which I could prove I had sent the item but not which it had been received.
This return postage cost me £7.15 a cost the company in question is required by law to refund.

Sections 3.48/3.57/3.67/3.68 for the relevant passages of the office fair trading guidelines.

They refunded the original item value of £14.95 and nothing more despite me being entitled to full costs incurred (£22.10).

I have attempted contacting the financial ombudsman service but they do not handle complaints like this.

It is a matter of principle but to take them to small claims court costs a minimum of £35.

Any Advice on how I should proceed?

wealdroam

MANICX100 wrote: »

I ordered a Datel crossplay controller from Amazon.co.uk

Modern-Tech on Amazon Marketplace supplied the item in question; which was unfortunately defective. Despite following all instructions repeated times controller remains unresponsive, both guitar work 100% without the faulty adapter.
I returned the item on 26/08/14 via guaranteed delivery as I wanted to make sure I could track the item to its destination; fearing a situation in which I could prove I had sent the item but not which it had been received.
This return postage cost me £7.15 a cost the company in question is required by law to refund.

Sections 3.48/3.57/3.67/3.68 for the relevant passages of the office fair trading guidelines.

They refunded the original item value of £14.95 and nothing more despite me being entitled to full costs incurred (£22.10).

I have attempted contacting the financial ombudsman service but they do not handle complaints like this.

It is a matter of principle but to take them to small claims court costs a minimum of £35.

Any Advice on how I should proceed?

Hi MANICX100, welcome to the forums.

You appear to be using the OFT's A guide for businesses on distance selling.

Unfortunately that is based on The Distance Selling Regulations which were replaced in June this year by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

The Department for Business Innovations and Skills, who replaced the OFT, have produced guidelines:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

Briefly, the only difference in your case is that the seller only needs to refund the standard carriage costs of you returning the goods.

The seller still needs to refund the outward delivery cost and the purchase price, in other words all the money that you paid at the time of purchase.

Your best option is perhaps to pursue the issue through Amazon Customer Services.

stork_2

The distance selling / cancellation regulations are not really relevant here.

If goods are faulty, then the seller is liable to make good all the buyer's losses. This means the cost (including postage) of buying non-faulty goods elsewhere. If that would be less than the full cost (including all postage costs, standard or not) originally paid, then a full refund of that cost would apply instead.

If the seller requires the goods to be returned, this is done at the seller's expense too.

In practical terms, writing to the seller to warn them of your intention to start proceedings might be enough to encourage them to resolve the matter properly. Otherwise, the court fee is only £25 (not £35) if you make your claim online.