2nd hand fridge freezer faulty - Refund?

AGray

Hi all, just to update you all on what has transpired today, slight brick wall issue so i am progressing this further into a written complaint now.

I arrived at the market and immediately went to the Market Officials office, he said he would go to the trader and discuss it with him, so i waited at the office. 15 minutes later he returned saying the trader won't budge, he will offer me a replacement of any fridge freezer in store, or a temporary one while this one is "checked/repaired".

I refused to back down either though, saying i still wanted a refund in full. The Official said he would give it one more go - 15 minutes again passed and he came back saying nope, no go.

Luckily this was the guy who i spoke to previously who i was okay with speaking to. I just went in asking for my refund but he said they couldn't go down that route.

He offered me the temporary one while mine is checked over but i said i didn't want it. Especially as technically i didn't need it yet, since i still had my old fridge freezer.

We had a very long discussion, he explained he bought these appliances off a company who is sourced by the government or something, and the guarantee is with them - so he will just go back to them.

He said his friend may have been abrupt when he spoke to me on the phone, and the blame could be 50/50 (but at the same time could be pointing to damage in transit, he did not deny) but he needed to obviously take the appliance away - if it did come back that there was possible damage via transit, then he would be able to give me my money back, or if i took an exchange, even if it was "my" fault i could keep the exchange.

I did ask him a couple of questions on the matter, and i became suspicious somewhat. Firstly, i wanted to know the company name of where the item will go to be inspected (Same place he "buys" it) but he said to the effect "i know it sounds shady, but i can't tell you since we can't allow our competitors to know where we go because their prices are some of the best - but if it escalated up to trading standards we would have to release the information to them obviously".

I also asked for his "bosses" name (ie, the delivery guy, the guy rude on the phone) and he rolled his head back in such a motion that he must have been thinking "oh jesus i'm in SO much trouble!!" - But he gave me the guy's first name and no more.

The trader did give me his own mobile number though so if i needed to speak to him about it anytime he could be contactable.

After i finished with him, i considered my options - There was a much nicer fridge freezer in the shop (more expensive) that i MIGHT consider going for it, but at the same time, i'd want additional cover on the warranty (upto at least 12 months).

I am in the process of writing out a formal complaint about it though. He couldn't give me a "business" address though, instead telling me to direct any mail to the stall number. Didn't think stalls received post, but as it'll be recorded it won't be too much bother.

AGray

Hi all again an update to this, after sending my letter recorded delivery signed for on 7th April, i have just left the issue to run it's course hoping that the trader would reply to me.

I intended to leave it until the end of this week before progessing if i didn't receive any response, and stated as much in my letter to him.

I just noticed on my Post Office receipt however that it comes with a tracking number, i didn't think this had one personally so i just gave it a look.

When i spoke to the trader directly before Easter, he told me that normally post gets delivered directly to him, and that he would be on for the week that the letter would be received.

The letter was delivered the very next day and it was signed for - and the Post Office have given me a very clear signature and name - Which isn't his, nor is it the guy who runs the business with him.

I am slightly concerned by this, but at the same time i'm thinking that maybe these items get delivered to pigeon holes, but who is this person who signed for it? I will be enquiring with the market tomorrow on how they process incoming letters like this because i now have zero idea if this person has actually received it. Or he could claim he hasn't.

hollydays

I did think it strange when I think he said to address it to the market stall.
Some markets require traders to have insurance so it could be the market inspector will have a record of his insurance(!or not).
Otherwise you need to tell the market inspector you require the traders name and home address.,
If he refuses to give it, I can't see the inspectors allowing them to continue to trade there.
Did you address it to the owner by name?

AGray

Things have gotten a lot more interesting this evening. Firstly this afternoon, i spoke to the market inspector and asked him what the process was on incoming mail - He said normally they are signed for and then put into pigeon holes for the traders.

I accepted this as a viable answer, but then i said "X XXXXX" signed for it. He then went "oh yes, that's the trader who is ACROSS from the trader i have the complaint with. So i was confused slightly...

But tonight, casually browsing Facebook and one of these Seek and Sell posts pops up "WARNING - AVOID [Trader]". I read further and low and behold this was the same place i bought my appliance.

I have been speaking to them in private messaging about it, and a few others have popped up as well. It seems the floodgates are opening on this. I'm concerned why the market inspector didn't say they had other complaints as well about this...

AGray

The towns trading standards contacted me today, and disappointingly i feel they're perhaps favouring the trader in this situation.

As soon as they came on the phone, the Trading Standards representative said "I have spoken to the trader, and he has referred back to an incident with your mother".

In my letters to him, and also in speaking to trading standards this was not brought up because i went to the trader directly and i apologised for the situation that had arisen with her involving herself into this. This was all but forgotten.

But this woman from Trading Standards threw a bone to me which i thought was hilarious - but at the same time equally angry. He has come back and told her today that when my mum argued with him, she threatened to damage the appliances in his shop by knifing the back of them. I felt this to be a quite serious accusation.

The TS rep tried to push me towards getting the replacement appliance while my one was being checked at by their supplier. But how could i honestly trust them? I was massively distrustful over them previously, but they are pulling some serious wool over the eyes over the trading standards.

The only way i can be absolutely certain is to take dozens of pictures of the appliance especially around the back of it to show there has been no damage made to it.

Losing the will with this case now, it is starting to drag on quite seriously through the lies and mistrust.

hollydays

How do you know your mum didn't say this. I think it's entirely possible.from your post she sounded out of control.
This is the problem with third parties acting on hearsay.
My instincts are telling me something isn't right here..
You've not commented on whether the market inspector knows their home address or any of my questions..

AGray

Yeah, forgot to check about this - But the trader did sign for this letter which was sent yesterday so i think there is no issue with personal address'.

Sadly i know it paints my mum in a slightly poor picture because i had everything under control entirely, she acted off her own volition which was wrong but hindsight is a wonderful thing.

I even asked the trader whether the reasoning he was being like this was because of what she did, ie, grudge but he refused blankly this was the reason - But it's clear he holds something against her.

I know my mum well enough to know she wouldn't go to the extremes that the trader is stating. He didn't point this out to me when i went to apologise, not a word. I haven't told my mum anything about developments because i want to still be in control of this - If i tell her what he has said i can almost see her seeing a solicitor over a matter of slander against her especially as he has told this to a Trading Standards representative.

But sadly, this whole soap drama right from the beginning has seemingly made everyone (Including the trading standards now..) blind to the issue that i have a defective fridge freezer with a less than trustworthy trader.

hollydays

But you said the trader didn't sign , another trader did?
So that's likely to happen again if you sent small claims documents?

As for saying she'd want to see a solicitor over a matter of slander, I think you SHOULD have the conversation with your mother.
I'm getting a feeling she has little or no grasp,of the law and it may be you need to clear the air and put her straight..

AGray

Just a further update to this as progress had been made, albeit once again stalled.

As per previous comment, may be a bit of crossed wires here - Another trader did sign for my first letter, then once my 10 working days had expired i sent a further letter, letter before court claim.

The second letter WAS signed for by the actual trader this time, but once again i received no correspondence by the trader. At the same time as the second letter was received i have been in direct discussion with a Trading Standards representative.

After several conversations with the same TSR i finally come to some middle-ground agreement - I would allow the trader to come back to the property and take the goods away to be tested by their suppliers.

They refused my original request of having the supplier come out to my property (So i can be a witness to any action undertaken - as again, i can't trust them) stating that the supplier comes from Wales, thus is a 50 mile journey or whatever.

The agreement was made that i would take an equal value fridge freezer, on a temporary basis while mine is going in for testing. Once the test concludes and shows that any defect present was NOT caused by myself then i am entitled to my full refund.

Should any defect come in and show that "we" damaged it, then we would have this replacement to fall back on. Bearing in mind, that i am not accepting that obviously as once again, i know whole heartedly we haven't done anything to it.

The TSR said they would be making the exchange today at 3pm - Guess what? They have no showed. I'm giving them the benefit of the doubt for an extra hour or so, but they have failed in their duty to follow through with a request as mediated by Trading Standards.

I'm not calling him to discuss this, my contact is now through Trading Standards alone, and this trader (As agreed with the Trading Standards) isn't really taking this case very seriously at all. The TSR felt it wasn't good practice that they did not reply to any of my letters.

It's incredibly frustrating as they have had my money for 6-7 weeks and it's just dragging on no end.

dunroving

I am struggling to see what relevance your mum's behaviour has to do with any of this. OK, so she is a relative, but she did not buy the fridge, you did.

How can the actions of someone else affect your rights, in the eyes of anyone, including Trading Standards? I'm confused why they would even have mentioned it.

If I were you, if anyone involved in the case raises her visit, I wouldn't be apologising, I'd simply say, "What my mother does and says has nothing to do with me or the issue I am trying to discuss. can we focus on the issue at hand?"