NOW OPEN: the MSE Forum 'Ask An Expert' event. This time we'd like your questions on TRAVEL & HOLIDAY DEALS. Post by Wed and deals expert MSE Oli will answer as many as he can.
MSE News: Revealed: 13 major stores' web return rights are WRONG
in Consumer rights
36 replies 5.6K views
This discussion has been closed.
Latest MSE News and Guides
Energy Price Cap change
Martin Lewis on what it means for youMSE News
Best £1 you've ever spent?
Share your most impressive bargainsMSE Forum
New MSE Forum avatars available
Try 'em out nowMSE Forum
So are you saying you bought in store and then quoted them the terms for an online sale?
they collect the item, or I send the item back, and they refund my Order inc Postage.
I still have the item, at present they are stating we will collect it and send it away for testing, and if found faulty we will refund you.
It's not faulty.....
it's not fit for purpose, if that's a route I want to go down.... but I was trying to go down, the "Old Distant Selling Act" route...which became Consumer Contract .....
as for the PDF Invoice supplied there is very little on it, other than price, order cost, and Web Address and Registered Address.
Check again all your emails - order confirmation, order acceptance, invoice and any others. Was there perhaps a delivery note packed with the goods with this info on it?
If there is nothing stating that the consumer covers the cost of return in this instance (note that it does state who covers the cost of the return in their T&Cs) then Toolstation must cover that cost.
Was it a claim under Section 75 of The Consumer Credit Act you made with your credit provider? Under S75 the credit provider is equally responsible for performance of the contract.
I would be speaking to them again and ask them about their complaints procedure. Follow that procedure and if they do not reach a satisfactory conclusion, complain to The Financial Ombudsman Service.
and that's the issue that Toolstation are ignoring....
they say, nothing to do with them call Manufacturer!
or send it back we will test it if faulty we will refund you...if it's faulty.
and I don't want to send it back.....without getting it confirmed.
Not sure it was a Claim under Section 75....They stated a dispute, as Section 75 was long winded and quicker.
So when Toolstation, do not play ball under "Distance Selling Regulations", despite doing what is the recommended action, sending a letter Recorded Delivery, sending an email to notify them, and ask for details of return, and refund....
and they say, speak to Manufacturer....
what is the next step ?
Oh... then maybe they didn't act appropriately.
Read here about a Section 75 claim.
Do let us know how you get on.
So....what are my next steps now....
I could write to Credit Card company, e.g. do an official Section 75
Send another letter Recorded Delivery to Toolstation...
Call Consumer Advice again... see what they think the next steps are...
Call Which Legal ?
As I said earlier, complain to your CC co about the conclusion of your earlier discussions with them. Get a 'deadlock' letter from them or something in writing confirming their stance, and then report them to the FOS.
I have no experience of Which? Legal.
If you read the Diamond club info it states quite clearly that you no longer have to worry about paper receipts if you want to exchange or get refunds as your receipt is now stored on line, you also receive an on line receipt for any store purchase made, nowhere does it differentiate between in store or on line purchases.
I'm aware that this is not a legal entitlement but it is company policy. As regards local staff being unaware, when I contacted their customer care staff I received the same incorrect information as their local store staff had given me, perhaps it's just lack of training overall.