Faulty phone - Carphone Warehouse refuse refund

neilmcl

If you used your business card then by definition it was a business purchase, the phone would become an asset of your business.

Zoee

yidman100 wrote:

I have set a few different processes in motion...
- A Resolver dispute
- A financial ombudsman claim
- A Facebook chat with CW (6 hours+ per reply)
Let's see which one gets the best result.

And if all 3 agree that there's no refund?

yidman100 wrote:

It wasn't a business purchase, I just happened to use my business card for the transaction.

Very confusing especially when it appears on your business statement.

You did mention this in your 3 hedging your bets submits to Resolver, FO, FBchat right?

yidman100 wrote:

It was a normal off the shelf purchase and not part of a business contract or account.

How do you explain this purchase when it appears on your business statement?

Similar to having a joint account and should the other party die you're saying: that wasn't my purchase so not liable

yidman100

It states my law that im entitled to a refund within 30 days. If all those three avenues say I'm not entitled, then I'm not sure what to do. I guess each of those three options is just asking CW for a refund essentially, so I guess the next step is to find someone who can force them to obey my rights. not sure what that is yet though!

I take your points about the business cards on board, but I simply used it as there were funds in there to use. I hadn't been online to transfer pay into my Monzo account, which is what I'd normally use. If the phoned had worked correctly I would have transferred my pay into the business account.

I can absolutely prove it wasn't for business use as I have worked full time as a PAYEd employee of another company for 2 years. I don't do any work for the business that the card is for any more.

I think the business card thing is a red herring. As far as CW are concerned its just a normal debit card payment.

theonlywayisup

yidman100 wrote: »

I think the business card thing is a red herring. As far as CW are concerned its just a normal debit card payment.

The "business card thing" is not a herring, red or otherwise.

You may not feel it matters but it has altered your legal standing.

pmduk

yidman100 wrote: »

It states my law that im entitled to a refund within 30 days.

Yes, but that law is the Consumer Rights Act 2015. You've muddied the waters by paying by a business payment card.

I suspect it will require a court decision to sort out.

agrinnall

Why are you making personal purchases with a business card anyway? It's probably against the terms of the account to do so, and should HMRC ever conduct an investigation it's not going to look good. Regardless of the outcome of this issue you should stop making such purchases immediately.

yidman100

Regardless of the fact that I paid with a business card. CW dont know that and they're not adhering to the law.

neilmcl

yidman100 wrote: »

It states my law that im entitled to a refund within 30 days. If all those three avenues say I'm not entitled, then I'm not sure what to do. I guess each of those three options is just asking CW for a refund essentially, so I guess the next step is to find someone who can force them to obey my rights. not sure what that is yet though!

I take your points about the business cards on board, but I simply used it as there were funds in there to use. I hadn't been online to transfer pay into my Monzo account, which is what I'd normally use. If the phoned had worked correctly I would have transferred my pay into the business account.

I can absolutely prove it wasn't for business use as I have worked full time as a PAYEd employee of another company for 2 years. I don't do any work for the business that the card is for any more.

I think the business card thing is a red herring. As far as CW are concerned its just a normal debit card payment.

You simply can't do that to purchase personal items. I suggest you speak to your accountant and they'll explain why.

neilmcl

yidman100 wrote: »

Regardless of the fact that I paid with a business card. CW dont know that and they're not adhering to the law.

They "know" that this is not a personal account and therefore they are adhering to the law. It was not a consumer purchase, full stop.

yidman100

They have not stated that in their response, in fact when I was told that in store it they didnt take any of my details.