Very Refund Laptop

Hey guys I purchased a laptop from very, it arrived faulty. (the following all happened within the 28 days

about 2-3 days after recieving the product:
The laptop specs were debatably not as advertised. the laptop sound kept failing, it crashed a fair few times and the touchpad kept going crazy
They repeatedly told me to ring the supplier to arrange a refund and get a reference number (which they supposedly need to arrange a return)
, at first I refused because it cost a fair bit to ring them.

(5-6 days later ish)

Eventually I gave up and rang them. (acer) they had no clue what I was on about and told me they didn't 'work with very and didn't lknow who they were'

I rang back very who told me to send the product back to them. (somehow now they can arrange a refund without the reference number from the supplier?)

I did so (it cost me almost 30 pounds at the post office, tracked)

I haven't received a refund, and doubt I will do. very claim it can take up to 14 days, but it's been just over a week and when I ring them to confirm reciept of the laptop they tell me they can't do that?
they claim they want to inspect the goods (what does this mean?) but also why haven't they received them. I need my refund as I'm writing my thesis. To do so I need a laptop..

what should I do? I already can guarantee by the 14 days I won't be refunded.

I can't afford to be out of a laptop and the 400 pounds I paid for it!.

I tried explaining to them I didn't have to deal with the supplier and was entitled to a refund for faulty goods but they keep messing me around.

is small claims court my only option? what should I do?
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Comments

  • AJXX
    AJXX Posts: 847 Forumite
    They're allowed time to refund you and also to inspect the laptop (to make sure you haven't sent them a laptop back that's been dropped in the bath, for example).

    You're entitle to a refund for faulty goods, but you'll have to wait - it's as simple as that.

    I wouldn't even think of small claims until they've had more time to process the refund. I can promise you now that small claims will take longer than waiting for Very to process the refund.

    Surely if you paid 30 quid to return it to them it'll be tracked?
  • andywandy
    andywandy Posts: 35 Forumite
    yes it was tracked. however the customer service representatives claim the return adress is to a warehouse where they inspect the goods before they can see it on their system (sounds dodgy)

    also, the reason i want my return is the item was paid for partially on store credit. and therefore I have to make a payment on the laptop on the 15th (the 14 day refund period is the 14th)

    This means if I recieve no refund by the 14th I will have to make at least a minimum payment on the laptop.. including interest, i'm worried about giving them more money incase they try and screw me over..

    also the fact they still can't find the laptop on their system is worrying?
  • andywandy
    andywandy Posts: 35 Forumite
    whats my best course of action at this point?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Some dates as to when it was returned/received by Very would be useful.

    If you haven't received anything within 30 days then that is the time to start thinking about the legal route. BTW you will be entitled to your return costs (as long as they're reasonable) so don't go writing off that extra £30 you've paid.
  • andywandy
    andywandy Posts: 35 Forumite
    It as posted on the 30th, and recieved the day after (next day royal mail tracked post thing) I thought they have 14 days to refund me legally. is this not true? as it's getting close to the 14 days and they won't even acknowledge receipt i'm starting to panic, 403 pounds is loads to throw away! What do I do on the 14th if I haven't got my refund?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    andywandy wrote: »
    It as posted on the 30th, and recieved the day after (next day royal mail tracked post thing) I thought they have 14 days to refund me legally. is this not true? as it's getting close to the 14 days and they won't even acknowledge receipt i'm starting to panic, 403 pounds is loads to throw away! What do I do on the 14th if I haven't got my refund?

    Under the consumer contract regulations, you can cancel a contract (providing the goods/contract isnt exempt) within 14 days of receiving the item and then have a further 14 days from cancelling to send the goods back. They then have 14 days from receiving the goods to refund.

    However, strictly speaking, you're not returning under the Consumer Contract Regulations but the consumer rights act - and I don't believe it places any time limits on how long a retailer has to refund.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • andywandy
    andywandy Posts: 35 Forumite
    Under the Consumer Rights Act you have a legal to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund - as long as you do this quickly.
    This right is limited to 30 days from the date you buy your product. After 30 days you will not be legally entitled to a full refund if your item develops a fault.
    This right to a refund doesn't apply to purely digital products though - such as music, games or apps that you buy as downloads.

    Very try to fob me off telling me My item isn't covered as it contains software. however it's faulty so surely I'm entitled to a full refund? I rang them and they told me it may take 'some time' to inspect my goods once they receive them, around 1 month, can they do this?

    As a side note, my laptop isn't a digital good, sure it contains software, but that's not all of the item. plus the fact the item is faulty makes this irrelevant surely? (ie if I brought another item and didn't like it would I be entitled to a refund?) If so why do companies claim these items aren't returnable if you change your mind?

    If I was to pay 100 pounds on a credit card now towards very for the item. could I then file section 75 with my card issuer? or does it have to be before I detect the fault?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    andywandy wrote: »
    It as posted on the 30th, and recieved the day after (next day royal mail tracked post thing) I thought they have 14 days to refund me legally. is this not true? as it's getting close to the 14 days and they won't even acknowledge receipt i'm starting to panic, 403 pounds is loads to throw away! What do I do on the 14th if I haven't got my refund?
    The time limit for a refund is 14 days, but importantly, from the date the seller agrees that you're entitled to a refund. You must give them time to receive and inspect the item first. This all must be done within a reasonable time however which is why I'd give them a bit of time but no later than 30 days max.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    andywandy wrote: »
    Under the Consumer Rights Act you have a legal to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund - as long as you do this quickly.
    This right is limited to 30 days from the date you buy your product. After 30 days you will not be legally entitled to a full refund if your item develops a fault.
    This right to a refund doesn't apply to purely digital products though - such as music, games or apps that you buy as downloads.

    Very try to fob me off telling me My item isn't covered as it contains software. however it's faulty so surely I'm entitled to a full refund? I rang them and they told me it may take 'some time' to inspect my goods once they receive them, around 1 month, can they do this?

    As a side note, my laptop isn't a digital good, sure it contains software, but that's not all of the item. plus the fact the item is faulty makes this irrelevant surely? (ie if I brought another item and didn't like it would I be entitled to a refund?) If so why do companies claim these items aren't returnable if you change your mind?

    If I was to pay 100 pounds on a credit card now towards very for the item. could I then file section 75 with my card issuer? or does it have to be before I detect the fault?

    What exactly are very offering? On one hand you say very are telling you your item isn't covered but then you say they'll need 1 month to inspect the item.

    And yes you're right, your contract is not for digital goods, its for tangible goods (that just happen to come with digital goods as part of the package). If you didn't like it (and it wasn't faulty) then you would be entitled to a refund but if the retailer informs you of the necessary information (as mandated by the CCRs) then they can make a deduction from your refund if your handling goes beyond what is reasonable (think what you might be allowed to do in a shop) and it diminishes the products value. Likewise, you can also be responsible for the return postage costs on change of mine returns.

    And no, paying £100 to very now won't give you section 75 protection because you wouldn't be using the card to purchase the laptop, you'd be using it to pay off your outstanding balance with very (and wont have section 75 protection via your credit account with very due to them providing the credit themselves).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • andywandy
    andywandy Posts: 35 Forumite
    what if they try and tell me I am not entitled to a refund, perhaps claiming I have used the goods (which I have, obviously to find out they were faulty) can they do this? i'ts all stressing me out.
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