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Chargeback vs Small Claims for Damaged Gas Hob not opened for 3 months.

ydrol2
ydrol2 Posts: 74 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 29 November 2018 at 2:46PM in Consumer rights
[Edit - Issue is sorted after escalating within AD - replacement being sent in time to return the backup purchase - and a lesson learned for me!]

Hi I bought a gas hob in August for just under £400 from Appliances Direct.

It was towards my mums new kitchen. The packaging look a bit iffy and we raised a case at the time but AD would not resend another at their costs.

Unfortunately, for various reasons I wont go into here (mainly because they are not great reasons!), we did not fully inspect the item at the time - a schoolboy error which I suspect I'll get rightfully chastised on, but not much I can do about that now.

Anyway - the fitting did not start until November, so it's been sitting unopened in the living room for 3 months.

Are the goods accepted now?

When the hob was finally unpacked at we see that it has significant damage.

Got on to AD who are predictably fobbing us off with a £25 voucher. I've emailed that we want a replacement asap - but now that the fitters are here our best option is to get another hob (from elsewhere) and then chase compensation from AD.

I've already emailed them that I want a replacement , I dont expect they will send one, and really just want to get to the end -game with as little stress and pointless exchanges as possible. Is the best route a chargeback or small claims court.

Also if AD refuse to give an RMA can I just return the hob to them anyway? Presumably I return it first before either approach?

Finally can a chargeback affect credit rating as I'm applying for a mortgage before the end of the year.

I realise if AD do decide to send a replacement I'll have two hobs but thats fine, although now it would be preferable to get my money back.

I'll go away and read all the FAQs now..

Thanks

Comments

  • What exactly did you raise in the case back in August?
    If you were concerned about the packing, enough so to raise a case, why would you not fully unpack it to inspect?

    If I received something in dodgy packing, I’d immediately check the contents over.

    I feel after 3 months and inexplicably not checking it over despite concerns, you’re on your own.
    Bear in mind that AD can counter claim, and can take you to court if they feel a chargeback is unjust.
    Personally I think this is just an expensive lesson.
  • ydrol2
    ydrol2 Posts: 74 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for your reply. The packaging looked like it had been opened. Faulty thinking on my part but I had a hands off mentality and just wanted to send it back with as little interference as possible to demonstrate the packaging was interfered with. I was, unfortunately, focussing on the state of the packaging more than the contents. It was not at my house and a lot of unrelated stress at work stopped me really doing the sensible thing and inspecting the contents at the time. What is my maximum exposure if they counter claim ?
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