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The Range refusing a refund on a faulty product

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realmaverick
realmaverick Posts: 43 Forumite
Sixth Anniversary 10 Posts Combo Breaker
edited 8 May 2020 at 4:38PM in Consumer rights
Hello good people,

I have exhausted my efforts with The Range to get a refund on an inflatable spa that we purchased a couple of weeks ago. The spa went down (lost air) out of the box. We contacted The Range the same day, but they failed to respond. 

My other half went in to the store and was told they don't accept returns on spas and tried to point us in the direction of the manufacturer. The manufacturer has been unresponsive and so we spoke to head office, who said I had been advised wrongly and I can indeed return the spa.

Today we tried to return the spa and was again refused a refund and have been told a third party service centre have been trying to contact us to replace parts.
I made it clear I wouldn't be dealing with a third party service centre for a product that was faulty out of the box, and that I just wanted a refund at this point. She arrogantly refused.

I then called head office again, this time it took an hour and a half for them to answer, only for the lady on the phone refuse to help ecause it's an in-store issue. I said that my consumer rights have been violated, if she cannot help, then who can? Her response was; the store. 

Finally I rang Lloyds bank to ask their advice. They appeared to side with me and said that this appears quite clear cut and have kindly submitted a claim for a charge back, but have said it may take 7-10 days to get a resolution. But great that I have a possible backup plan.

I am shocked that The Range have refused point blank to return the product, on the grounds of their policy around spas. But everything I've read states that their policies cannot remove my statutory rights, and that consumer law states that within the first 30 days I am entitled to a refund if the product is faulty?

Any advice warmly welcomed.

TIA
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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,649 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd let the Lloyds action come to fruition.  It's clear you're going to get no joy from the store.   If it's faulty straight away, you are entitled to a refund if that's what you want.
  • prowla
    prowla Posts: 13,973 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You contract is with the store, not the manufacturer.
    The store seems to be confusing their goodwill return rules with the legal right to return a faulty product.
    Whenever there's someone who clearly doesn't know this, you should simply ask to speak to the manager.
  • realmaverick
    realmaverick Posts: 43 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    Thanks for the responses. 

    I’m going to let Lloyd’s deal with this on my behalf. Thank god. 

    I have however emailed a director of The Range. If this were my company, I would want to know that both the store and the head office are giving out false information. And the lady at head office was shockingly rude. 

    Thanks again. 
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I’m going to let Lloyd’s deal with this on my behalf. 
    How do you propose to do that exactly while the goods are still in your keeping? 
  • I’m going to let Lloyd’s deal with this on my behalf. 
    How do you propose to do that exactly while the goods are still in your keeping? 
    If the store has refused to accept them back on two occasions and have mislead the OP regarding their consumer rights what is OP expected to do with the goods?
    In the game of chess you can never let your adversary see your pieces
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    If the store has refused to accept them back on two occasions and have mislead the OP regarding their consumer rights what is OP expected to do with the goods?
    What do you advise he does? 
  • If the store has refused to accept them back on two occasions and have mislead the OP regarding their consumer rights what is OP expected to do with the goods?
    What do you advise he does? 
    I don't know anything about bank chargebacks so, assuming the OP advised the retailer of the issue and requested a refund within 30 days plus is able to demonstrate the fault, my answer to the predicament would be to send a letter before action to head office requesting a full refund plus 40p per mile for the second return trip to store and to be reasonable state the goods can be collected by the retailer or returned to store for an additional 40p per mile.  

    I would hope the OP told the bank they still have the goods and that the bank advised what they would expect as part of the process.

    You implied the bank wouldn't help much if the OP still has the goods but didn't go on to say what the OP should actually do about that, hence my question. 
    In the game of chess you can never let your adversary see your pieces
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the_lunatic_is_in_my_head said:I don't know anything about bank chargebacks 
    Well as long as we know.....
  • the_lunatic_is_in_my_head said:I don't know anything about bank chargebacks 
    Well as long as we know.....
    If the question was answered I might learn something and more importantly it would help the OP :) 
    In the game of chess you can never let your adversary see your pieces
  • born_again
    born_again Posts: 20,315 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    If the store has refused to accept them back on two occasions and have mislead the OP regarding their consumer rights what is OP expected to do with the goods?
    What do you advise he does? 
    I don't know anything about bank chargebacks so, assuming the OP advised the retailer of the issue and requested a refund within 30 days plus is able to demonstrate the fault, my answer to the predicament would be to send a letter before action to head office requesting a full refund plus 40p per mile for the second return trip to store and to be reasonable state the goods can be collected by the retailer or returned to store for an additional 40p per mile.  

    I would hope the OP told the bank they still have the goods and that the bank advised what they would expect as part of the process.

    You implied the bank wouldn't help much if the OP still has the goods but didn't go on to say what the OP should actually do about that, hence my question. 
    To be able to do this type of chargeback (faulty goods). The item is supposed to be back with the retailer (can't have item & refund) But it can be done, it just needs proof that the retailer will not take the item back. This has to be in writing, call recording are not able to be sent as evidence.
    As you can imagine. Not easy to get.
    We usually advise people to email company to come and pick the item up (can't do that in this case, as in store purchase) if they refuse then that is proof.
    Life in the slow lane
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