Faulty replacement item - refund refused

SSW83

Hi all,

I am looking for some advice about getting a refund on a faulty replacement item.

I originally bought the item (a campervan air-awning) on 18th July 2019, and it was delivered on 22 July 2019. I used the awning for the first time a week later and found it leaked severely.

I contacted the company with regards to the problem, and as it was within 30 days I was offered a refund or a replacement. I opted for a replacement. I have no idea why, but it took them age to deal with my replacement request, and I only received the replacement awning on 4th September 2019.

I used this replacement awning for the first time last week and one of the air-beams burst from its casing, causing the awning to collapse. This caused us to cut short our holiday, as there was not enough room in the campervan for us, the packed up awning and the stuff that could not be kept in the awning.

I alerted the company yesterday (23/09/2019) that I wish to be refunded for the awning as I feel it is not fit for purpose. They have responded to me today that I am outside of the 30 days and that they are not required to refund me. Is this true? Even though I received the replacement less than 30 days ago?

Any advice is appreciated.

Paul_DNAP

This should fall within them still trying to correct the fault you originally brought to their attention within the 30days, it is not a new claim.

shaun_from_Africa

They would be correct if you were attempting to reject the awning and ask for a refund due to it failing for the first time as in this instance you are only entitled to insist on a refund within 30 days.
This is called the short term right of rejection.

However, there is also the "final right of rejection" in the Consumer rights act and this states that if the goods still fail to conform to contract after one repair or replacement then you can reject those goods and get a full refund (except for vehicles where a deduction can be made) within the first 6 months.
After this time the retailer can make a deduction for the use of the goods.
It's shown in section 24 here:
http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

Plus, as Paul_DNAP states, it is still part of the first claim which was reported within the 1st 30 days.

unholyangel

Theres 2 possible arguments here.

One is that you could still possibly be within the 30 days for the short term right to reject - which starts running the day after you've taken delivery of the goods and would've stopped running when you request/agreed to their replacement and wouldn't have started again until they supplied goods in response to that request.

The other is that they only get one attempt at a replacement and if those goods fail to conform then you have the final right to reject.

Personally if both apply then I'd mention both but I'd focus more on the latter as the assumption (that the goods inherently fail to conform) doesn't apply to the short term right to reject, only the final right to reject, right to a price reduction or the right to repair/replacement.

SSW83

Great, thanks all.

I have responded, quoting section 24 and my final right to reject. I shall let you know how it goes!

SSW83

Ok, they have come back with this:

"As a replacement was requested in the first 30 days, this was completed. After 30 days, the warranty then turns to a repair or replace, where we would make the decision to repair or replace the product. As a trader we reserve the right to repair or replace the item until mutual satisfaction is reached."

How should I proceed from here? They are obviously arguing that this is a separate case, rather than a continuation of the initial return.

DoaM

Doesn't matter ... per the CRA then they are allowed a single opportunity to provide a remedy (other than a refund). If the goods still fail to conform to contract then the consumer can invoke their Final Right To Reject and demand a refund ... and if it is within 6 months then this refund must be in full.

How much was it and how did you pay? (I'm hoping £100+ and credit card, in which case you can raise a Section 75 claim with your card provider).

SSW83

Thanks for the reply.

The item was just under £300, but I paid by debit card.

If they refuse to acknowledge they are in breach of the CRA and offer a refund, will I have to take them to small claims court?

waamo

Try a chargeback from your debit card first. If that fails then Letter Before Claim and court it needs be.

That's assuming they won't play ball on a refund