Refund after collection and of initial delivery fee

ryh

Hi,
I'm looking for advice. I purchased a tumble dryer from large tech and appliance company in August last year. The appliance developed a fault in December which was ‘repaired’. The fault reappeared a couple of weeks ago. After a fight with the company they are agreeing to refund the appliance cost after it has been collected and processed. Is refund after collection allowed?

Also, am I entitled to the initial £30 delivery fee. If I had known it was going to be faulty I wouldn’t have ordered it. I also paid for removal of old appliance and the new ones packaging - I’m guessing that cannot be refunded.

Today is the last day I gave them before submitting a money claim online.

MattMattMattUK

ryh said:

Hi,
I'm looking for advice. I purchased a tumble dryer from large tech and appliance company in August last year. The appliance developed a fault in December which was ‘repaired’. The fault reappeared a couple of weeks ago. After a fight with the company they are agreeing to refund the appliance cost after it has been collected and processed. Is refund after collection allowed?

Yes, a refund after collection is allowed and normal procedure, are you expecting a refund before collection?

ryh said:

Also, am I entitled to the initial £30 delivery fee. If I had known it was going to be faulty I wouldn’t have ordered it. 

It depends what the original delivery was for. You are entitled to a refund of the initial fee if it was their standard/cheapest delivery option, however if you paid for expediated delivery you are not entitled to a refund of that.

ryh said:

I also paid for removal of old appliance and the new ones packaging - I’m guessing that cannot be refunded.

No that can not be refunded, they provided that part of the service.

ryh said:

Today is the last day I gave them before submitting a money claim online.

On what basis are you going to submit a claim to the Small Claims Court? You have asked for a refund, they have agreed to refund you, from what you have put in your post you do not have grounds for a court claim.

ryh

MattMattMattUK said:

Yes, a refund after collection is allowed and normal procedure, are you expecting a refund before collection?

I wasn't expecting, I wasn’t sure of the process. Seeing from other users, they've had issues getting the money back after items being collected.

MattMattMattUK said:

It depends what the original delivery was for. You are entitled to a refund of the initial fee if it was their standard/cheapest delivery option, however if you paid for expediated delivery you are not entitled to a refund of that.

Thank you.

MattMattMattUK said:

No that can not be refunded, they provided that part of the service.

I thought so.

MattMattMattUK said:

On what basis are you going to submit a claim to the Small Claims Court? You have asked for a refund, they have agreed to refund you, from what you have put in your post you do not have grounds for a court claim.

On the basis that they weren't offering a refund, only another repair on the same fault. I did have grounds up until now. Thank you.

George_Michael

MattMattMattUK said:

Yes, a refund after collection is allowed and normal procedure, are you expecting a refund before collection?

ryh said:

Also, am I entitled to the initial £30 delivery fee. If I had known it was going to be faulty I wouldn’t have ordered it. 

It depends what the original delivery was for. You are entitled to a refund of the initial fee if it was their standard/cheapest delivery option, however if you paid for expediated delivery you are not entitled to a refund of that.

ryh said:

I also paid for removal of old appliance and the new ones packaging - I’m guessing that cannot be refunded.

No that can not be refunded, they provided that part of the service.

ryh said:

Today is the last day I gave them before submitting a money claim online.

On what basis are you going to submit a claim to the Small Claims Court? You have asked for a refund, they have agreed to refund you, from what you have put in your post you do not have grounds for a court claim.

That bit in bold is incorrect.
When rejecting goods using your rights under the Consumer rights act and a refund is due because of a fault in the first 6 months,  the amount refunded must be the full amount paid and no deduction should be made as the consumer shouldn't be out of pocket due to a breach of contract by the supplier.
Consumer Rights Act 2015 (legislation.gov.uk)

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

The law that allows the retailer to withhold postage costs for an enhanced service is covered by the Consumer contracts regulations and is only for a change of mind return when the retailer was notified of the desire to cancel within the first 14 days.

unholyangel

MattMattMattUK said:

ryh said:

Hi,
I'm looking for advice. I purchased a tumble dryer from large tech and appliance company in August last year. The appliance developed a fault in December which was ‘repaired’. The fault reappeared a couple of weeks ago. After a fight with the company they are agreeing to refund the appliance cost after it has been collected and processed. Is refund after collection allowed?

Yes, a refund after collection is allowed and normal procedure, are you expecting a refund before collection?

ryh said:

Also, am I entitled to the initial £30 delivery fee. If I had known it was going to be faulty I wouldn’t have ordered it. 

It depends what the original delivery was for. You are entitled to a refund of the initial fee if it was their standard/cheapest delivery option, however if you paid for expediated delivery you are not entitled to a refund of that.

ryh said:

I also paid for removal of old appliance and the new ones packaging - I’m guessing that cannot be refunded.

No that can not be refunded, they provided that part of the service.

ryh said:

Today is the last day I gave them before submitting a money claim online.

On what basis are you going to submit a claim to the Small Claims Court? You have asked for a refund, they have agreed to refund you, from what you have put in your post you do not have grounds for a court claim.

The part in bold applies to change if mind returns only. If the goods don't conform to contract and you exercise either the short term or final right to reject within the first 6 months (starting day after goods were delivered), then the refund needs to be a full refund - including any delivery charges (even if you selected next day delivery).

It is the party in breach of a contract who is liable for any losses incurred as a result of that breach. 

They also need to refund within 14 days of agreeing you're entitled to a refund (section 20(15) of the consumer rights act 2015). However, depending on what they've said, they may have only agreed to refund if, after receiving the goods and inspecting them, they agree they're faulty

ryh

unholyangel said:

The part in bold applies to change if mind returns only. If the goods don't conform to contract and you exercise either the short term or final right to reject within the first 6 months (starting day after goods were delivered), then the refund needs to be a full refund - including any delivery charges (even if you selected next day delivery).

It is the party in breach of a contract who is liable for any losses incurred as a result of that breach. 

Do you mind me asking what piece of the legislation this would come under so I can quote/show them if? Thank you for your help.

George_Michael

The relevant section of the Consumer rights act is linked to in my post above.