Use chargeback for returned sofa

kevinx_green

Hi people, looking for a little advice... I bought a sofa about 4 months ago, it developed a fault, the company came had a look and accepted this. They came and collected it and agreed to give me a refund. Great. No problem.

They say the will only refund the cost of the sofa, the delivery charge of £60 will not be refunded. It is small in the scale of the overall refund, but its the principal of this, I do not think I should be out of pocket after only having use out of an expensive sofa for only 4 months... let alone the inconvienience of now having an empty living room!

I resused to accept the offered refund for the time being and said I would be back in touch. My question would be, 1. Am I legally entitled to be refunded the initial delivery charge? And 2. Can I use the chargeback scheme on my credit card to reclaim the full amount if the company continues to refuse to refund the full amount?

Thanks

Kev

k3lvc

Technically you may be correct but in the scheme of things £15 per month for an expensive sofa is probably less than the depreciation it would have suffered over that time

[Deleted User]

Nobody really refunds delivery charges since the delivery WAS made.

If you refused to take the delivery then that's a different matter

dj1471

On what basis have they agreed to refund you? Presumably under a warranty, in which case you're bound by those terms.

You have no legal entitlement to a full refund after 4 months use, so their offer must be based on the warranty or goodwill. I'd take it.

chattychappy

Legally you might be entitled to a full refund as a starting point, but a judge would make some allowance for the benefit you've had by sitting on it for 4 months. You can take a view as to how much this would be. If a sofa is meant to last 10 years, you could divide the purchase price by 120 to see what you get as a monthly allowance.

By the way, just because there is a warranty doesn't necessarily mean you are bound by its terms. It depends what it says and you can't contract out of statutory rights.

I can't see chargeback helping. S75 would put the CC on the hook (subject to the usual provisos), but don't expect an easy ride there.

Frankly I'd write if off. The legal system isn't really designed to deal with matters of principle and I can't see a remedy elsewhere.

jonesMUFCforever

OP you say ABOUT 4 months ago - when exactly?
You only have 120 days for a chargeback but of course if the goods were faulty and cost more than £100 you can try a S75 claim.

BorisThomson

The Consumer Rights Act allows for a full refund for faults occurring within the first six months. This includes the delivery charge, effectively putting you back to the position you were in before the contract existed.

How far you want to push it is up to you. If the retailer has acted reasonably I'd let it go.