Refused refund

Alice1270

I recently ordered some flat pack furniture to be made up into fitted wardrobes by an independent fitter. When the goods arrived, approximately 90% of the parts were damaged, either with gouges, scratches or chips, as well as unfinished laminated edging. There was no debris within the packaging, so I believe most of the damage must have been done during the manufacturing process. Hence, I have requested a full refund, as I have no faith in the quality of the goods. My supplier is refusing a full refund, and said they are only prepared to offer replacement components. They are refusing to speak to me and when I demanded a refund, just sent me an e-mail to say they had ordered new items with no consultation. Trading standards state as this is a civil matter I am risking taking it to court, as they are offering replacements, therefore I have a weak case. These cost nearly £1200 and I am worried that the supplier will state any replacement goods are adequate, even if I believe them to be defective. Any advice is greatly appreciated.

frugal_mike

You don't have a weak case. The Sale of Goods Act allows you to reject goods if they do not conform to contract, and your wardrobe clearly does not. The trader is not entitled to insist on a replacement at this stage. Why did Trading Standards think you have a weak case?

It's worth noting though that allowing the trader to send a replacement will not take away your right to reject the replacement if it is also faulty.

browneyedbazzi

When you say 'trading standards' do you mean the citizen's advise consumer service helpline? They are contracted by government to take first line calls related to consumer issues (criminal and civil) and provide consumer advice but they are not Trading Standards.

You have a right to reject faulty goods for a full refund provided you do so before the goods are deemed 'accepted'. This means you have to inspect the goods and notify the retailer of the fault and your wish to reject within a 'reasonable time'.

How long had you had the items before you contacted the seller asking for a refund?

How did you pay for the goods?

02Jim

My 83 yr old mother-in-law went to a shop & ordered a fridge & microwave. On returning home she found that the fridge was not going to fit so 2 days later she rang the shop to change the order. There was a price difference of exactly £100- in her favour between the 2 fridges & she has asked for a £100- refund. They have offered a credit note for this amount but refused to give her a refund. Is she legally liable for a refund or does she have to accept the credit note which she does not want?

The shop said they had to order the fridge although they had a supposed 'show model' in the shop & were able to deliver it 4 days later with the microwave. The delivery time on the new changed fridge was 10 days.

I'd be grateful for anyone's advice as she is rather upset given I suggested using the internet where I could have saved her 35% on the price but she used the shop because she wanted to support local business!

bris

As she bought in store her rights are limited to the "goodwill" of the shop. The fact the fridge doesn't fit is not the shops fault so any remedy they offer is at their discretion, the credit note is also legal in this case, sorry.

bod1467

Hijack over ... back to the OP .....................

As per post #3, timing is relevant information:

When did the flat pack material arrive?
When was it inspected? (And by Whom?)
When did you inform the supplier?

Alice1270

Hi Everybody

Thanks for the replies. I first informed them of several damage issues within one hour of delivery but informed them during that conversation that I would be inspecting the remaining components over the weekend and would call if I had any further issues. It was only when I opened the remaining components that I found nearly all parts had something wrong with them. It was at this point I contacted them first thing Monday morning so the overall time lapse was 4 days and within their stipulated time parameters. I have spoken to both trading standards and the consumer helpline and was given the same info by both. I also contacted my credit card who ALSO said I had a weak case and that my 33 photos showing various defects were not acceptable. Hence my utter frustration. I don't know where to go from here, as I don't want to go down the civil court route and lose.

unholyangel

Alice1270 wrote: »

Hi Everybody

Thanks for the replies. I first informed them of several damage issues within one hour of delivery but informed them during that conversation that I would be inspecting the remaining components over the weekend and would call if I had any further issues. It was only when I opened the remaining components that I found nearly all parts had something wrong with them. It was at this point I contacted them first thing Monday morning so the overall time lapse was 4 days and within their stipulated time parameters. I have spoken to both trading standards and the consumer helpline and was given the same info by both. I also contacted my credit card who ALSO said I had a weak case and that my 33 photos showing various defects were not acceptable. Hence my utter frustration. I don't know where to go from here, as I don't want to go down the civil court route and lose.

Section 75 claim, if they refuse your claim, appeal their decision with financial ombudsman.

Alice1270

Thanks again. I will be composing a letter to my credit card provider this evening. With regards to my "weak case", I have been informed that under the sale of goods act 1979, if the supplier is deemed to be reasonable in that they are happy to replace, I could be deemed as being unreasonable, should I take them to court and it would be basically up to the judge on the day. I will just forge ahead and try the section 75 route. It's just so stressful that a law I thought was so straightforward and succinct is actually ambiguous and seems to lean towards protection of the supplier. The supplier is citing section 48B (2)(a) and (4) and saying as not all components were faulted, my request of a refund is disproportionate and therefore rejected.

DCFC79

02Jim wrote: »

My 83 yr old mother-in-law went to a shop & ordered a fridge & microwave. On returning home she found that the fridge was not going to fit so 2 days later she rang the shop to change the order. There was a price difference of exactly £100- in her favour between the 2 fridges & she has asked for a £100- refund. They have offered a credit note for this amount but refused to give her a refund. Is she legally liable for a refund or does she have to accept the credit note which she does not want?

The shop said they had to order the fridge although they had a supposed 'show model' in the shop & were able to deliver it 4 days later with the microwave. The delivery time on the new changed fridge was 10 days.

I'd be grateful for anyone's advice as she is rather upset given I suggested using the internet where I could have saved her 35% on the price but she used the shop because she wanted to support local business!

You should have started your own thread rather than posting on someone else's thread.

unholyangel

Alice1270 wrote: »

Thanks again. I will be composing a letter to my credit card provider this evening. With regards to my "weak case", I have been informed that under the sale of goods act 1979, if the supplier is deemed to be reasonable in that they are happy to replace, I could be deemed as being unreasonable, should I take them to court and it would be basically up to the judge on the day. I will just forge ahead and try the section 75 route. It's just so stressful that a law I thought was so straightforward and succinct is actually ambiguous and seems to lean towards protection of the supplier. The supplier is citing section 48B (2)(a) and (4) and saying as not all components were faulted, my request of a refund is disproportionate and therefore rejected.

If acceptance has not occurred, you can insist on a refund as opposed to a repair/replacement.

Under section 75 of the consumer credit act, if the goods are over £100 each (ie if it was sold as a package of 2 then thats 1 item) and theres a direct consumer > creditor > retailer relationship, the card company are jointly and severally liable.

Meaning you can choose to chase one, the other or both. You have the exact same rights with the card company as you do the retailer.

The ombudsman will cost them money, so they'd be silly to reject your claim on such a basis - especially given any reputable site they go to (such as trading standards) will say the exact same thing - if acceptance hasnt occured (and I think most would agree it hasnt after 4 days) then you are entitled to a full refund and do not have to accept a repair/replacement.