Shop refusing to refund 16 November 2019 at 12:21AM edited 30 November -1 at 1:00AM in Credit Cards 25 replies 2.6K views

Mickpeasoup

I purchased a brand new Air Rifle from a shop yesterday, but upon using it I notice there's an intermittent leak. It's faulty.

I paid £180 for this in addition to some pellets at £10, subtotal £190.

I paid with my Vanquis Card.

Please can somebody tell me if there's any recourse for a refund for just the Air Rifle as pellets are fine, and I can use these in another airgun.

What is the usual process to initiate a refund, and what is the likelihood of me receiving one?

Do I have to drop the airgun back off at the shop?

Many thanks in advance as always.

zx81

The easiest way is to go back to the shop and exchange or refund. You will need to return the gun.

If they refuse, you could raise a chargeback/section 75 with Vanquis.

[Deleted User]

Go to the shop.
Say “this doesn’t work please can I have a refund”.
Done.

eskbanker

Mickpeasoup wrote: »

Shop refusing to refund

Seems an odd choice of thread title if you haven't even sought a refund yet, as the rest of your post implies?

Or if you have actually sought a refund and they've refused, on what grounds have they done so?

Ben8282

I get the impression OP doesn't want to go back to the shop to ask for the refund. That would be too easy. The only reason for mentioning that they paid with Vanquis is to start another chargeback/s75 discussion.
Makes no sense otherwise because surely everybody knows that under such circumstances the obvious thing to do is to return the goods to the shop. And as for 'Please can somebody tell me if there's any recourse for a refund for just the Air Rifle as pellets are fine' …. I guess this is to start a discussion on if he can do a partial chargeback or partial s75 claim.
Why else would this question have been asked on the credit cards board?

Mickpeasoup

Thank you for the replies.

I phoned the shop to ask if I can return this for a refund as it's defective, and their response was "no".

The shop owner or employee said it left the shop in new condition & tested, however, I had no chance to test it in there for obvious reasons.

Where do I go from here, please?

Do I return it to the shop & use threats, call Vanquis, then return it, or call Vanquis & keep it?

zx81

Definitely don't go into a shop that sells guns and start making threats.

Go back in and politely point out that the product is faulty and you require a refund.

eskbanker

Forget about Vanquis, for now at least.

Take it to the shop, make it clear that it's faulty and insist on your money back, citing your rights under the Consumer Rights Act for a full refund if goods are found to be defective within 30 days of purchase.

https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange/

Ergates

The burden of evidence is on the shop to prove that it was working when it left the shop. Unless they can prove that you have somehow damaged the gun since you bought it, then they can't refuse to refund it.

18cc

The legal position is that the card and the shop have an equal responsibility to refund you.

You are under no obligation to claim against the shop - you can if you wish claim against the card as if it were the shop. Obviously most people try the shop first for obvious reasons but you don't have to.

You will have to returrn the airgun but it is up to the shop to make the collection etc arrangements.

eg "We thought Miss V had taken reasonable steps to try to resolve matters with the supplier. Despite what the card provider appeared to believe, however, she was not obliged to have done this – or indeed to have returned the dinner service – before she could make a claim to the card provider. "

https://www.financial-ombudsman.org.uk/files/2921/86.pdf

camelot1971

Mickpeasoup wrote: »

Do I return it to the shop & use threats, call Vanquis, then return it, or call Vanquis & keep it?

I'm afraid you are coming across like someone who bought something they can't afford and now want it for free if you can get away with that!

If it's genuinely defective (should be easy to test) then you can exchange it for another one. Of course, it will test perfectly in the shop......