Seeking a refund on faulty pram - guidance needed

C_scott101

Hi there
I bought a pram/buggy in oct 2016 from a local independent retailer. within 6 weeks it developed a fault with the wheels - it wasn't easy to manoeuvre and wheels kept jamming. i returned it to the retailer who ordered a new part from the manufacturer and fitted it in store. However this did not fix the issue and the buggy was sent back to the manufacturer. the part was replaced again and buggy returned in early jan. the buggy is now faulty again - same issue with the wheels and also the brake is now causing difficulties. we contacted the store at the weekend, stating that we were unhappy with the product and wanted a refund, given the problems we had experienced. we were informed by the owner that we were not entitled to a refund, as the pram had not been returned within 30 days. he has stated that it needs to be returned to the manufacturer for inspection. having read about the CRA 2015, i understand that where a product has been sent for repair but the fault remains, as the consumer i am entitled to a refund. three questions:
1) i have taken videos of using the pram to demonstrate the fault. i suspect that the retailer will request that the pram is sent back to the manufacturer for them to confirm the fault, rather than taking my word (along with seeing the videos). do i have to agree with this course of action? my fear is that they will return to the manufacturer with a view to it being repaired (again!). i have lost faith in the product and don't want it repaired or get a replacement;
2) i am now raising the issue with the brake as an additional fault. surely as the fault with the wheels is still there, the retailer can't rely on s.19 of CRA 2015 and state that as this is a new fault and hasn't yet been repaired, it has to be repaired before i reject the product and request a refund? incidentally, if the pram had only developed a different fault to the original one, could the retailer rely on this?
3) if the retailer refuses to refund, what is my next step?

DoaM

Please go into the Sticky thread and delete your other post. (Click the Edit button on it and you should see a Delete option). If you do that now it'll stop someone moaning at you.

Thanks.

Your understanding of the CRA 2015 is correct as far as I can see. After 30 days a seller is allowed one attempt to repair a fault that appears; if the same fault reappears then the consumer is entitled to a full refund. (You're still easily within 6 months from purchase).

How much was the buggy and how did you pay? If £100+ and credit card then you could look to enforce your rights under section 75 of the Consumer Credit Act, if the retailer won't act on their legal obligations.

C_scott101

it was £650 so well above minimum threshold against credit card provider. hopefully the seller will refund but not entirely certain they will given stance so far.

wealdroam

C_scott101 wrote: »

2) i am now raising the issue with the brake as an additional fault. surely as the fault with the wheels is still there, the retailer can't rely on s.19 of CRA 2015 and state that as this is a new fault and hasn't yet been repaired, it has to be repaired before i reject the product and request a refund? incidentally, if the pram had only developed a different fault to the original one, could the retailer rely on this?

As has been said, now that they have had one attempt at a repair, and the thing still doesn't conform to contract, then you can insist on a full refund.

It makes no difference that a new, different fault has appeared. The seller does not now have the chance to perform one repair on that fault.

A 'repair' is defined in Section 23 of Consumer Rights Act 2015 as:

(8) In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.

They've had one attempt at that.
It didn't work - i.e. the goods still do not conform to contract.

You now have the right to reject the goods for a full refund.

C_scott101

Thanks for the advice. Any views on whether they can insist on sending it back to manufacturer to confirm the fault? As I said, have taken videos and will also show them the fault in the shop.

wealdroam

C_scott101 wrote: »

Thanks for the advice. Any views on whether they can insist on sending it back to manufacturer to confirm the fault? As I said, have taken videos and will also show them the fault in the shop.

I believe they have the right to confirm that what you are saying is actually true.
If they are unable, for whatever reason, to determine how the fault arose, they can seek the help of others e.g. the manufacturer.

hollydays

Which brand did you buy?