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Shop refusing to refund

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  • cajef
    cajef Posts: 6,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    or call Vanquis & keep it?
    Why would you want to keep it if it is faulty?
  • Inner_Zone
    Inner_Zone Posts: 2,856 Forumite
    Part of the Furniture Combo Breaker
    cajef wrote: »
    Why would you want to keep it if it is faulty?


    Maybe it is not?
  • cajef
    cajef Posts: 6,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Inner_Zone wrote: »
    Maybe it is not?
    Well they want a refund because according to the OP it is.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper





    Do I have to drop the airgun back off at the shop?
    Well how else do you expect to get a refund?
  • Paully28
    Paully28 Posts: 291 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    Of course you have to take the gun back to the shop, show them it is faulty and they give you a refund.

    If not, then CC s.75 request for refund through Vanquis.
  • Vectis
    Vectis Posts: 771 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    ...Do I return it to the shop & use threats, call Vanquis, then return it, or call Vanquis & keep it?


    And there lies what the OP is hoping for 'or call Vanquis & keep it'.
  • 18cc
    18cc Posts: 2,120 Forumite
    No you don't have to take the air gun back to the shop that is the whole point - you can't keep it of course but the shop has to make reasonable attempts to return it eg send a courier around
  • born_again
    born_again Posts: 20,600 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Paully28 wrote: »
    Of course you have to take the gun back to the shop, show them it is faulty and they give you a refund.

    If not, then CC s.75 request for refund through Vanquis.
    #
    Except that there is a chargeback right here for faulty goods.
    Life in the slow lane
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    1,000 Posts Combo Breaker Newshound!
    edited 17 November 2019 at 10:52PM
    18cc wrote: »
    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

    This may well be so. But how is the credit card company going to be able to verify that an air gun is faulty?
    The obvious solution is to return to gun to the shop from which it wa purchased. If I were the credit card company and in the absense of a very good explanation of why the purchaser did not wish to do so, I would be very supicious indeed.
    This seems to me to be an abuse of the chargeback or s75 rules if the retailer has not been given the opportunity to put things right in the first instance.
  • Could I just ask exactly what tests you've done to determine the fault with the rifle? Are you sure it isn't the pellets? You do say it is intermittent and that could easily indicate nicks, cracks or holes in some of the pellets.
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