Used motor parts dispute:

Catchlit27

My mum purchased a reconditioned spare part for her vehicle. It was an alternator. £130. The mechanic went to fit it and it didn’t work. They tried several others from local sources but still none of them worked. My mum returned it to the seller and stated her mechanic told her it was not suitable. They received it and said they tested it as working. She then asked for a refund as it was unwanted due to the situation. Returns state they will refund returned goods if they are done so within 14 days. Check ✅.
They refused to refund her as the part had been “used”. Even though it was sold as a used item. The bank did apply a refund after several weeks however the motor company are now taking her to a tribunal small claims court for £190 to cover extra costs. Who is right here?

mattyprice4004

Reconditioned isn’t used.
Was it sent back in the same condition she received it?
I suspect it was sent back covered in dirt / hand prints, so they’re right not to refund in full - but they should still have partially refunded to take account of the condition.

The_Rainmaker

Catchlit27 wrote: »

They tried several others from local sources but still none of them worked.

Do we take from this that the alternator was not the problem then?

pinkshoes

If it was sent back in exactly the same condition as sent, then she can have a refund. If it wasn't in the same condition, they can make deductions for loss of value.

the_lunatic_is_in_my_head

pinkshoes wrote: »

If it wasn't in the same condition, they can make deductions for loss of value.

This is only assuming they provided the required written information via durable means, if they didn't they can't make a deduction.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

Which is:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

OP did your mum get an information from the seller about the right to cancel?

TripleH

I don't know consumer law or a lot about car engines, but in terms of reasonableness, i would say one would be expected to put a car part in a car to 'verify it worked' also the part was grease stained because the lay person in the street may lack the correct cleaning detergents for said alternator that would not cause damage.

Was there any paperwork that came with the part? This is probably why it is a good idea, even if youbare not the one fitting it, to keep all paperwork that comes with purchases at least until you know they work.