Section 75 Rights/Refund

bengal-stripe

grumbler wrote: »

I agree, but it makes no sense to advise demanding a refund from the manufacturer. So, implicitly they suggested a repair, but refused to fulfill their obligations under SOGA.

What I wonder, and of course only the OP will know the answer, did the merchant ask for the return of the goods and the OP refused? For all the merchant (and we) know, the goods might not be faulty at all and the buyer is just trying it on to get the item and in addition to get the money refunded.

Would any merchant refund items or send out replacements while the "rejected" goods were still in possession of the buyer?

InsideInsurance

bengal-stripe wrote: »

Would any merchant refund items or send out replacements while the "rejected" goods were still in possession of the buyer?

Some will, had a replacement book sent out by Amazon before I returned the one that arrived all bashed to hell and wet. It was with the caveat that if I didnt return the original in X days (think it was 30) that they'd charge me for the second book.

Long time ago I had a cheapo surround system and had a problem with the control box and they just sent a replacement without asking for the original back. 3 months later that one developed another fault and they just sent another one again leaving me with 3 of the things.

chocolady

Just want to say thanks to all who have taken time to give me advice. This site is full of good eggs!! I just wanted to clarify some things. I did not aggressively demand anything but was always polite and firmly stuck to what I require as we are advised to do. "Which" say that 3 to 4 weeks can constitute a reasonable length of time to demand a refund although under sale of goods act it's a bit vague. Thanks for link to laptop outlet I will give it a read. When I googled information about the laptop series many others had also had this issue with the screens which made me lose faith that the item will continue to work going forward. I explained this in emails to retailer. Tesco have given me laptop outlets phone number and asked me to ask them to collect item and ask for refund. I have done this although I understood they should be dealing with this as I've already sent emails and letter to which laptop outlet either asked me to go to manufacturer or didnt respond (copies of which I sent to Tesco). I made further email contact and phone contact with the retailer and they are saying they will collect the item but they want to technically prove that it is a manufacturing fault before agreeing to anything. My point is I am happy to send it back for them to look at (I've still got all the packaging!) but as it is a fairly high spec item with a decent hard drive memory and processor speed I would not expect it to be slow and then for the screen to go blank after sign on at such an early stage of use so I require a refund as Ive lost faith in the item. Once I get into the realm of reports it is quite easy for the company to spin back at me some technical stuff that I clearly wont understand as proof it's down to me that item is not working. I barely used it in the time I had it so know that is not the case!

I've written back to Tesco saying I want a refund as I rejected goods within reasonable length of time and could they sort this out under section 75. I've made no mention of their requirement for an engineers report as I am going down the refund route as item has had so little use and it's early days. Spoke to trading standards a few times but don't get the same answer twice so not sure with due respect how well informed some of them are :mad:

InsideInsurance

Irrespective of if you are rejecting it or returning it as faulty post accepting it the merchant is entitled to have it inspected to ensure it is actually faulty and isnt a case of miss use, fair wear and tear or that the item actually isnt faulty.

Assuming they accept its faulty the issue will come down to if you have accepted the goods or not. This isnt something you decide but is basically set by statute (if a fluffy way) and by caselaw on how the judges have interpreted the fully law in practice. The fact that most consumer sites like Which? or CAB seem to say its a week or so and that doesnt bode well for your case of 3-4 weeks.

If you've rejected the goods and the faults accepted then you're entitled to a full refund.

If the goods are deemed to be accepted and faulty then its for the merchant to decide if to repair, replace or refund. You can express a preference in the matter but cannot force their hand.

chocolady

Just been on Which website and you have a right to reject item and to a refund within four weeks according to them.

Was hoping to avoid report route as it gets expensive and messy.

bris

Section 75 will fail because they follow the same procedures as the retailer. The retailer is offering a solution so when the retailer tells the CC that they too will insist it gets send back for a remedy.


As above 3+ weeks is plenty time to accept a laptop so you don't get the choice of remedy. You do however get the right for a court to decide if they think the timescale is relevant or not. With a solution offered however the judge will likely see it as the retailer following the SOGA.

bris

chocolady wrote: »

Just been on Which website and you have a right to reject item and to a refund within four weeks according to them.

Was hoping to avoid report route as it gets expensive and messy.

Nonsense, this is not in the SOGA no period of time is mentioned.
Whats reasonable is whether or not there has been time to use the item to determine fault, 3 weeks for a laptop is plenty of time.

Brooker_Dave

Why not just accept their offer of the manufacturer mending it?

Save a lot of phone calls and foot stamping?

chanz4

going blank after sign on may just be the operating system, windows 10 does this also

chocolady

bris wrote: »

Nonsense, this is not in the SOGA no period of time is mentioned.
Whats reasonable is whether or not there has been time to use the item to determine fault, 3 weeks for a laptop is plenty of time.

No SOGA says reasonable time and which website says 3 to 4 weeks constitutes this. So tell them it's nonsense. Don't want to accept repair as I have seen numerous reports of this happening with this series of laptops and it doesn't sort situation it's not about foot stomping but thanks anyway. Item had barely any use. Have been on trust pilot site and there are three to four similar cases all with Toshiba laptops and this company has behaved the same with all of them. They also, if they agree to refund, have written in their t&cs 25% reduction in your refund once you have goods over 7 days. This is unfair business practice according to trading standards.