2nd hand fridge freezer faulty - Refund?

AGray

Hi, i've got an ongoing dispute with a market trader in my local town which has escalated quite significantly over the past few hours.

Last Wednesday i bought a 2nd hand fridge freezer and it was delivered later on that afternoon.

The fridge freezer was delivered by the guy who sold me the item, he used a small trolley bringing it up over the doorway (To be noted that it was bouncing around slightly) and it was placed in my hallway, since i had my old fridge and freezer still plugged in so i couldn't do anything anyway.

There was a sticker on the fridge door stating not to plug it in until after 24 hours, the guy also reiterated this. It wasn't plugged in until the Friday late afternoon in the same spot as it was delivered (I had a free plug socket next to it). The light came on, so all seemed well.

A few hours later on Friday i didn't notice any real difference to the coolness of the fridge or freezer compartment, it may have been a slow-starter so i left it until the Saturday.

Come Saturday, the fridge freezer hadn't improved at all - So i immediately went back to the trader in the market to report this fault. I went there in the mindset that i didn't want a repair nor a replacement, it was a few days old and showed an immediate fault thus i wanted a full refund.

It was a different guy this time at the market and i explained the issue. He said they could sort it - Offering a repair or replacement. I did stop him in his tracks politely by saying i only wanted a refund, to which he understood - His hands were tied however as he didn't have access to the vehicle, thus said he would come by Monday afternoon to check it - and told me to keep it plugged in for the forseeable.

Happy enough i went away. Sadly after explaining this to my mum over the weekend, she did something against my wishes and unbeknowst to me - She went down to the trader Monday morning all guns blazing in a manner which he didn't appreciate. She reported him also to the Market Officer.

She told us what she had done when she came home and a slight arguement ensued over it since she jumped the gun - I work in retail so i know the set procedure you take on any complaints etc. I went down to the trader to apologise for what occured earlier, and he re-confirmed he would be coming to the property in an hour or so to check over the fridge freezer.

He arrived, he said he spoke to his boss and his boss refused my request for a full refund - Offering me an alternative fridge freezer instead. He checked the fridge freezer which was faulty and confirmed straight up there was a fault, he suspected a gas leak perhaps. Regardless of this he still refused me a refund stating the alternative replacement or he takes it away on his van and gets an engineer to check it.

I refused this - He took some pictures on his phone, sent them his boss and his boss wanted to speak to me. He then said the most outrageous and infuriating thing to me - He said that i (Or my mum) had purposefully damaged this item. He also questioned (Though it was none of his business) why i hadn't moved the fridge freezer myself. The whole situation started to stink to me - He wanted to take the fridge but i said he isn't taking it anywhere.

I left the conversation there, and i went down to the Market Officer personally to explain the new escalated situation. The trader had closed early (Convenient?) so i now have to go back down to challenge him on Wednesday in person, with the Market Official with me.

The Market Official told me to phone Trading Standards to report this, so i called them and got a reference number which no doubt i'm going to be following up in a few days - But they said he was right to offer me the above, but the option of refund should really have been brought up as well.

However if it goes to the Small Claims Court they could judge in favour of the trader? I'm very concerned over this personally as i spent over £100 on this appliance for it to not work straight away, and the way they have handled it has mean't i don't want to have any future dealings with them in the future.

hollydays

I think as your mum caused a problem here I'd gracefully accept an exchange.
Though buying secondand electrical goods off a market is not something I would do.

AGray

I won't gracefully accept it because they're saying that we damaged it, that would be pretty much me accepting that i damaged the item which didn't happen.

Admittedly while my mum made the mistake in judgement of doing that to my dismay, that doesn't mean i should have the right to accept that i've lost my £125.

The guy on the phone did say to me though "It's our policy not to refund" - He didn't bring this up to me at the time, nor did i sign any written contract - Especially as this would be covered by the Sales of Good act (The refund that is)

hollydays

Perhaps as a result of how your mum behaved they think they've got a very difficult customer who perhaps will lie. I do think it was unnecessary to report them to the market inspector. It was a simple item that wasn't working and they seemed to have responded really well.perhaps at the time they fully intended to refund, until your mum stepped in, and while it may not be their policy to refund, they can use discretion.i just think you've !!!!ed them off.
I haven't said you should lose £125 I said you should exchange.
That's just my opinion.

Voltaire7

AGray wrote: »

Especially as this would be covered by the Sales of Good act (The refund that is)

Sales of Good act?

You don't necessarily have a right to a full and immediate refund, so not sure what you mean by 'covered'.

McKneff

If youre in retail and you know the score you should know that the seller has the option to repair, replace or refund, his choice and he obviously will choose the cheapest.
The fact that he offered you a replacement means he has covered himself, and you will lose in a small claims court.

AGray

Maybe "covered" could be the wrong word, but i'm surely protected? After speaking to Trading Standards over this earlier on, they directed me to the website about faulty goods etc.

http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_what_you_can_do_about_faulty_goods_e/faulty_goods_problems_getting_your_money_back.htm

It says i'm within my rights to request a refund. I don't think i'm going to get an immediate refund by the way they're intent on dragging it out (Which may, or may not have been done due to the involvement of my mum, we'll never know) then i could go down the legal route via the Small Claims Court.

It may not be quick, but i'm in no massive rush to get the money back, as long as i do get it. I frankly don't wish to deal with these traders ever again in the future, and so getting a replacement will just be lining their pockets for something which i'm against considering i wanted a refund straight up.

/edit

In question about the retail thing - Within my line of work we have firstly a 30 day money back guarantee, and even if there is an issue if the customer wanted a refund over all else then it would be provided, i give my customers resolutions and always hope when it's my turn to get the same, i never do.

wealdroam

There is a short period after the sale when a purchaser has the time to confirm that the goods conform to contract.

If the goods do not conform to contract, the buyer can reject the goods and insist on a full refund.

In my opinion, as the fridge was seen to be not working as soon as it was first tried, then the thing certainly does not conform to contract and a full refund is due.

By the way, your link doesn't work... here's one that does:
Are you entitled to a refund?

powerful_Rogue

Wheres the poll gone?

AGray

wealdroam wrote: »

There is a short period after the sale when a purchaser has the time to confirm that the goods conform to contract.

If the goods do not conform to contract, the buyer can reject the goods and insist on a full refund.

In my opinion, as the fridge was seen to be not working as soon as it was first tried, then the thing certainly does not conform to contract and a full refund is due.

By the way, your link doesn't work... here's one that does:
Are you entitled to a refund?

That is true, the fridge freezer was merely on the shop floor at the time but not connected obviously, i gave the product the benefit of the doubt by waiting 3 days after purchase (Especially as there is a 24hr window were you're not supposed to turn it on anyway).

I'm unsure how much power the Market Official has when it comes to this actual query come Wednesday when i go to see them again in person, whether or not they want me to continue to escalate it with Trading Stanards or if hopefully they have some persuasion.

It should be noted that this trader has only been operating in the market for less than 4 weeks i found and having a mark against them so early on surely can't be good for business.

hollydays

They are just a market stall.its a rough and ready business.