2015 Consumer Rights Act & CC Section 75 Refund Question

Dreddnarz

Hi, hoping someone can help me out with a query.

On the 6th Feb I bought an electric bike on a credit card.
When I came to use the bike I found it was severely faulty (intermittent but worked for less than 50% of the time).
The faults were:
Lights not working.
Gear changing not working (electronically controlled).
The power assist motor not working.

I immediately contacted both the retailer and manufacturer to ask if there was a way I could easily do to the item to get it working, they gave me some instructions which I followed but it did nothing to the fault itself.

I then contacted the retailer and asked for a refund, I was met with the reply that the most they would do would be to repair the item (with me having to transport it to and from them).
I told them this was unacceptable but they wouldn't budge.

I have since sent them a formal letter (email and recorded post) informing them that under the 2015 consumer rights act I am rejecting the item and asking for a full refund as I am still within the 30 day window.

So far I have been ignored in this request.

I have looked into the option of a section 75 claim with my credit card, but before I do so I wanted to clarify the following:

1) If the retailer get back to me and agree to a refund, at what point do I actually hand back the physical goods? Is it after I see the money go back on the card?

2) If I have to go down the route of a section 75 claim, again at what point do I actually hand the faulty goods back to the retailer?

Hopefully someone can clarify the above.
Thanks in advance!

wealdroam

Dreddnarz wrote: »

Hi, hoping someone can help me out with a query.

On the 6th Feb I bought an electric bike on a credit card.
When I came to use the bike I found it was severely faulty (intermittent but worked for less than 50% of the time).
The faults were:
Lights not working.
Gear changing not working (electronically controlled).
The power assist motor not working.

I immediately contacted both the retailer and manufacturer to ask if there was a way I could easily do to the item to get it working, they gave me some instructions which I followed but it did nothing to the fault itself.

I then contacted the retailer and asked for a refund, I was met with the reply that the most they would do would be to repair the item (with me having to transport it to and from them).
I told them this was unacceptable but they wouldn't budge.

I have since sent them a formal letter (email and recorded post) informing them that under the 2015 consumer rights act I am rejecting the item and asking for a full refund as I am still within the 30 day window.

So far I have been ignored in this request.

I have looked into the option of a section 75 claim with my credit card, but before I do so I wanted to clarify the following:

1) If the retailer get back to me and agree to a refund, at what point do I actually hand back the physical goods? Is it after I see the money go back on the card?

2) If I have to go down the route of a section 75 claim, again at what point do I actually hand the faulty goods back to the retailer?

Hopefully someone can clarify the above.
Thanks in advance!

The answer to both your questions is 'by negotiation'.

However, in my opinion, in either case you are unlikely to get a refund before returning the goods.

I would be speaking to your credit card provider now about a S75 refund.

Dreddnarz

wealdroam wrote: »

The answer to both your questions is 'by negotiation'.

However, in my opinion, in either case you are unlikely to get a refund before returning the goods.

I would be speaking to your credit card provider now about a S75 refund.

I have asked them when I can return the item to get a refund and again this request has been ignored, they work by appointment only too so getting it back to them without them agreeing to it is tricky.

I'll start on the section 75 now.

naedanger

Dreddnarz wrote: »

I have asked them when I can return the item to get a refund and again this request has been ignored, they work by appointment only too so getting it back to them without them agreeing to it is tricky.

I'll start on the section 75 now.

It is good to see a customer assert their rights (when this proves necessary) without messing about.

mrsmitch01

Surely, if a product is faulty, then you're entitled to a full refund. Did they state at the time of purchase that they don't offer refunds? Plus are you covered by your credit card? I work in a well known company and we always try and keep the customer happy, even if it means losing a small amount of money. You really need to chase this up

Dreddnarz

mrsmitch01 wrote: »

Surely, if a product is faulty, then you're entitled to a full refund. Did they state at the time of purchase that they don't offer refunds? Plus are you covered by your credit card? I work in a well known company and we always try and keep the customer happy, even if it means losing a small amount of money. You really need to chase this up

No statement about not offering refunds.

I think my only real option is as follows:
Complete a Section 75 Claim to my CC provider.
Hold onto the item until the retailer organise me being able to get it back to them.


Not sure what else I can do in this situation, unless anyone else has any advice?

wealdroam

Dreddnarz wrote: »

No statement about not offering refunds.

I think my only real option is as follows:
Complete a Section 75 Claim to my CC provider.
Hold onto the item until the retailer organise me being able to get it back to them.


Not sure what else I can do in this situation, unless anyone else has any advice?

You really don't need any more alternatives.

Get you Section 75 claim in now and seek instructions from your credit provider on how and where to return the goods.

Dreddnarz

wealdroam wrote: »

You really don't need any more alternatives.

Get you Section 75 claim in now and seek instructions from your credit provider on how and where to return the goods.

Sadly, that seems to be the case.

Thanks all for the words of advice, I'll update this thread with how this all pans out (for future reference).

unholyangel

Dreddnarz wrote: »

No statement about not offering refunds.

I think my only real option is as follows:
Complete a Section 75 Claim to my CC provider.
Hold onto the item until the retailer organise me being able to get it back to them.


Not sure what else I can do in this situation, unless anyone else has any advice?

When your card company settle the claim, usually they will tell you what to do with the goods.

This issue from the ombudsman has a case about a dinner service down the bottom, where the card supplier argued her keeping the service would be betterment - and the ombudsman told them if they wanted the customer to return the service, they would need to pay the costs involved.

(just in case your own card company try a similar argument with you).

Dreddnarz

Hi all, thanks again for the advice so far.

Finally after providing many documents to the credit card they have refunded me the money after I provided them an experts document showing the item is faulty and proof I have made the item available for the retailer to collect (recorded post and email).

So the full CC refund came through 10 days ago, but the retailer have still made no attempt to collect the item from me or even contact myself.

In this situation what am I supposed to do with the faulty item?
It's taking up quite a bit of space so I'd like to get it out of the house.
As I mentioned before the retailer only works on appointment so I can't just drop it off (it's a considerable drive too).
It's very large/heavy so me sending it via courier to their address would be at a large expense to myself (and no guarantee they wouldn't just send it back), also given the retailers past behaviour I'd have no hope in getting those courier costs back.

The credit card themselves were less than useless when I explained the above, they basically said returning the item is now between me and the retailer.

Any ideas what I should do now?

shaun_from_Africa

Dreddnarz wrote: »

So the full CC refund came through 10 days ago, but the retailer have still made no attempt to collect the item from me or even contact myself.

At the moment, the retailer still has the money as it will be the credit card company that refunded you.
You should contact your card issuer and ask them when/if they are going to collect the bike as it's now their property.