Time to ask for a Charge Back?

BLACKW47CH

Hello all.
I purchased an item from a Scottish retailer back on 12/05/2014 with 1 year warranty for £359.99 +£5.99 P&P. It started to develop a fault in October. This fault is a recognised fault by the manufacturer who says if your item develops this fault, to return it to the retailer you purchased it from and they will modify it to rectify the fault. So I contacted the retailer on 27/10/2014 to have this modification done. They told me I had to pay for the cost to return it. I knew I didn’t and quoted the distance selling regulations to them. They dragged their heels but reluctantly sent UPS on 31/10/2014 to collect it for returns.
On 7/11/2014 I received my item back and tested it. The same issue was occurring.
Fed up at this point, I emailed them on 9/11/2014 and ask to return it for a full refund. They replied on 12/11/14 and said:

“Sorry for the delay. As for the issue we did undertake the recommended upgrade however if you still wish to return it for a refund you are welcome to do so providing it is in the same condition that we sent it out to you in recently.”

I replied:

“Thank you for the reply. Yes, I wish to return it for a refund, as the repair/modification/upgrade has not worked, and yes, it is in the same condition as it was when I received it back from repairs you on 7/11/14. If it could be collected from the same address as it was when you collected it for the repair. *Address here*. I will be at the address the hours UPS collect, Monday to Friday. Many thanks."

I have had no reply again yet, and I’m getting sick off it.
My question is should I ask my card provider for a chargeback on my card? If I do this, how do I get the item back to them? Are they responsible for collecting it? Or do I post it back (Appx £26 to cover the items cost and only certain couriers cover it as it’s a restricted item in most cases.) and claim this on the charge back?

Many thanks.

JJ_Egan

DSR is no longer in use .
http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

If they have actually offered a refund then i would hang on a bit longer .

BLACKW47CH

Thanks for the reply.

They have offered a refund, but they really don't like paying/organizing for return of the faulty item, and keep dragging their heels.

wealdroam

Your card issuer will insist on the goods being returned before doing a chargeback.

You need to apply more pressure on the seller to collect the thing.

Have you got a telephone?

BLACKW47CH

Thanks for the reply. I've kept everything to email so as I have a record.

If I return the item myself, how can I go about getting my costs back?

wealdroam

BLACKW47CH wrote: »

If I return the item myself, how can I go about getting my costs back?

Well, the first option is to ask for it back.

If that doesn't work, send them a Letter Before Action.

If that doesn't work, take them to court.

If they still don't pay, send in the bailiffs.

But as they haven't refused to refund your costs, aren't you getting ahead of yourself?

I really cannot understand why you can't pick up the phone and have a sensible conversation with them.

After the phone call, send them an email if you like confirming what was said over the phone.