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Who retains faulty item after refund?

Hello,

Who retains physical ownership of an item following a pro-rata refund for a faulty item?

Thanks.

Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    the_bandit wrote: »
    Hello,

    Who retains physical ownership of an item following a pro-rata refund for a faulty item?

    Thanks.

    Whoever has it in their possession...if you've got it and they request you return it then you should return it but I doubt they'll request it's return. You could write to them asking them if they want it back and if they don't want it you can then dispose of it.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    the_bandit wrote: »
    Hello,

    Who retains physical ownership of an item following a pro-rata refund for a faulty item?

    Thanks.

    Assuming immediately faulty, but buyer wants to keep it anyway:

    If its a partial refund to compensate for the item being faulty then the buyer would keep the item, at a reduced cost.

    If the seller got ownership back then the person has paid for nothing.

    This is assuming its immediately received faulty.

    If its after a while and the refund is to take into account the use the user has had of them item before it turned faulty (rather than to compensate them for it not working well/not looking as good) then I would have thought the seller would own it.
  • the_bandit
    the_bandit Posts: 75 Forumite
    10 Posts
    Many thanks for the quick replies here.

    I currently have possession and the pro-rata refund will be processed in-store.

    They have indicated they will take the phone once refunded but I wasn't sure what my options were, if any.

    @marliepanda, as you say at the end of your comment the refund is to take into account my use before it turned faulty.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    the_bandit wrote: »
    Many thanks for the quick replies here.

    I currently have possession and the pro-rata refund will be processed in-store.

    They have indicated they will take the phone once refunded but I wasn't sure what my options were, if any.

    @marliepanda, as you say at the end of your comment the refund is to take into account my use before it turned faulty.

    Then as you're being refunded they now own the phone, theyve given you (some) of your money back :)
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    They're buying a faulty phone off you, if that helps clarify things. I expect they'll fix it up and flog it (or sell to a repair shop as spares) if they can to mitigate some of their costs.
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