No refund received 15 days after return of faulty laptop

ChrisF76

First of all, I'd like to introduce myself to the forum. I've been a follower for quite some time and have used the advice here to help me reclaim PPI money as well as compensation for a delayed flight. I've also found some excellent advice on how to deal with PCNs. The forum is terrific resource for those who don't understand their rights or how to enforce them.

Now to my main point. On 10th April I ordered a laptop from the Currys Business website so that I could work from home as a college lecturer. The item was delivered on 14th April but developed a serious fault just six days later on 20th April. I contacted Currys Business (all contact has been via web chat) and they initially told me to contact Lenovo. I explained to them that, since the item was just 6 days, old it was their responsibility and they agreed to refund the item after I returned it. They emailed me a shipping label as well as a questionnaire. One of the questions was whether or not a credit note would be acceptable. I stated that since they no longer stocked the item or a suitable replacement, I'd be needing a refund. I feel this is a very important point. They asked the question and I answered.

The item was collected from my home on 21st April and signed for by Currys at 9.38am on 23rd April. (Since that day I've never had an email from Currys acknowledging receipt of the item.) I contacted Curry and asked if the item had been received. They confirmed that it had and said that I'd be getting a credit note in the coming days. I told them that I'd already stated in an email that only a refund would be acceptable. He said he'd put a note on the system, and that my refund would be processed within days and would show up in bank account 3-5 working days after that. Since then, I had dozens of conversations. Each time I get told that my refund hasn't been processes but they'll chase it up. I've waited in long queues only to be immediately transferred to another long queue. On five occasions I've been cut off, usually when I mention consumer rights or consumer law. There's other stuff, but I'll be typing all day and nobody will have the time to read. But I've been lied to, disconnected, put on hold, transferred, etc. and I have screenshots of every conversation.

So my question is this. Short of going to court, what action can I take to get my refund? I read a thread earlier where it was suggested to the OP that he write to them, but he was given a few addresses and I've come across even more.

Chris

George_Michael

ChrisF76 said:

The item was delivered on 14th April but developed a serious fault just six days later on 20th April. I contacted Currys Business (all contact has been via web chat) and they initially told me to contact Lenovo. I explained to them that, since the item was just 6 days, old it was their responsibility and they agreed to refund the item after I returned it. 

What Currys told you is correct..
As your was a business purchase, consumer rights legislation doesn't apply and any conditions regarding the repair or refund of faulty goods are those agreed at the time of purchase.
The return of faulty goods within 30 days of purchase is:
https://business.currys.co.uk/customer-services/delivery-cancellations-returns.jtp

Faulty items can be returned within 30 days of delivery (subject to the terms of the manufacturer’s warranty).

ChrisF76

They agreed to a return. They provided a shipping label for the return. They asked if a credit note would be acceptable and I said I needed a refund. They received the item 15 days ago, but still haven't issued a refund. You've actually given no advice in your reply. All you've done is tell me that Currys didn't have to agree to a return, which is irrelevant since they did. Are you telling me there's a different timescale for business purchase refunds? I can honestly say it thought it was same. Maybe I'm wrong, but I thought that was covered by contract law.

DoaM

As this is a Consumer Rights board then advice on business rights may be somewhat lacking. Based on no specific knowledge ... if the T&Cs of the contract were silent as to how any refund would be processed, then it would be reasonable to assume that refunds would be processed on the basis of standard business credit terms - i.e. net 30 days.

George_Michael

ChrisF76 said:

Are you telling me there's a different timescale for business purchase refunds? I can honestly say it thought it was same. Maybe I'm wrong, but I thought that was covered by contract law.

As far as I'm aware, there is nothing written into any law that gives a definitive time for B2B refunds. It's worth noting that the current Covid situation could well be delaying the time it takes Currys to inspect and test the returned laptop (or to get Lenovo to do so), something that would probably be deemed to be outside of their control.

LABMAN

A college lecturer quoting consumer rights/law on a business purchase? Really? 

A_Lert

Just because you ordered from a "business" website does not make it a business-to-business transaction.

If you are purchasing goods or services for your own use and you're not running a business yourself, my understanding is that's a consumer purchase, even if you're using that stuff for work.

Currys PC World state in their terms that "you agree that you are buying goods or services only for business purposes" etc. etc. But I don't think these terms can get them out of refunding a faulty item purchased by a consumer! Either a valid consumer purchase was made and consumer rights apply, or the contract is void and the money and items must be returned.

shaun_from_Africa

A_Lert said:

Just because you ordered from a "business" website does not make it a business-to-business transaction.

If you are purchasing goods or services for your own use and you're not running a business yourself,

The OP clearly stated that they purchased the laptop to enable them to work from home, 

ChrisF76 said:

On 10th April I ordered a laptop from the Currys Business website so that I could work from home as a college lecturer. 

and as their opening post makes no mention of anything apart from this, I think it's fair to assume that they purchased the laptop in a business capacity, especially as they went to the Curry's business site rather than the consumer website.

ChrisF76

A_Lert said:

Just because you ordered from a "business" website does not make it a business-to-business transaction.

If you are purchasing goods or services for your own use and you're not running a business yourself, my understanding is that's a consumer purchase, even if you're using that stuff for work.

Currys PC World state in their terms that "you agree that you are buying goods or services only for business purposes" etc. etc. But I don't think these terms can get them out of refunding a faulty item purchased by a consumer! Either a valid consumer purchase was made and consumer rights apply, or the contract is void and the money and items must be returned.

Thanks A_lert. Strangely, nobody at Currys has suggested that consumer rights don’t apply. They literally just transferred me to a never ending queue or cut me off when I mentioned it.  A neighbour of mine who is a tradesman was surprised when I told of of GM’s reply and I’ve since found other internet discussions where people (in most cases individuals buying something for work) didn’t realise the distinction between a consumer purchase and a business purchase. 

DoaM earlier stated that if the refund time wasn’t clearly stated, it could be interpreted as thirty days. So I guess I’ll have to wait another fifteen days before knowing where I stand. Hopefully the refund will be processed before then. 

shaun_from_Africa

This is the legal definition of a consumer as given in the Consumer rights act:

(3)“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

so if you are using the laptop mainly for your lecturing job, you are not classed as a consumer.
Why did you make the purchase from the Curry's business website rather than their "normal" consumer orientated one?

ChrisF76

Good question. I needed a laptop quickly as my old one was getting really slow. Having Teams, Word, Excel, PowerPoint as well a half a dozen college webpages and a Remote Desktop running was killing it. I found a laptop that met my needs and price bracket. The normal Currys didn’t have it. Currys Business did. It seemed utterly inconsequential at the time. I’ll do my research in future.