refund or credit note ??

sos22

Hello. Is anyone able to provide me with some guidance please? In March 2019 i bought some furniture in a sale from a small independent trading shop which included a matching side table and coffee table.  When delivered, the side table was damaged.  This was immediately raised and the retailer notified.  The coffee table was very large.  The side table was returned as faulty and the coffee table was also returned (not faulty).   I wasn't offered a replacement side table.  initially the retailer gave me a credit note for both items for £1410 and not a refund.  I challenged this and eventually i was given a refund for the side table only for £415 and a credit note for £995 for the coffee table.  I have asked on numerous occasions that i should have also received a refund for the coffee table as it was part of a matching set and bought together as such.  The retailer has refused.  He has extended the date on the credit note due to Covid restrictions and i have endeavored to purchase other items online - but everything costs more than the value of my credit note.  I have tried to make a s75 claim but Halifax say i can't because the purchase took place too long ago.  In the end, i have issued a money claim online.  The retailer is now  asking me to reconsider my position and how much refund am i seeking?  Otherwise, if i pursue my claim, and i lose, he will seek considerable costs from me and negate the value of the credit note.  In the meantime, the retailer has closed numerous of his shops and made many redundancies and i believe may be on the brink of going into administration.   Does returning goods and receiving a refund (on sale items) extend to non faulty goods when bought as a matching set when only one item is faulty?  I thought that only fixed costs are awarded for online claims?  Can the retailer negate the value of the credit note?  Many thanks, sos22

davidmcn

If it's true that they're insolvent then it seems fairly academic - you'll be at the back of the queue with the other ordinary creditors, whether you've got a CCJ or the credit note.

I'll let others comment on whether the Halifax are correct in saying they don't have a s.75 liability.

sos22

they're not insolvent yet but that is my fear.

KC123456789

I'm sure you'll have learned this for yourself already but before spending £1000 on a coffee table invest in a tape measure, most pound shops stock them.

The matching set argument is flimsy I'd say, but I might be wrong. His point on costs and just keeping your money are scare tactics but if he doesn't keep trading he may well get to keep your money. 

KC123456789

Does he stock anything that you could use the credit note to buy that you could then sell online to recoup your money or at least most of it? 

jon81uk

Did you buy in-person or over the phone/internet? Were the tables listed as a set (ie two tables for £1400) or was it a coffee table for £995 and a side table for £400?

If you bought in-store, then unless the coffee table was also faulty you had no right to a refund, so the credit is more than they had to offer anyway. If they were sold as a set and could not be bought separately then I think you should have got the full amount refunded. But if they were two separate items then no legal right to a refund on the coffee table.

Buy something quick before they do go bust.

davidmcn

sos22 said:

they're not insolvent yet but that is my fear.

Maybe not, but handing over a wodge of cash to you isn't going to be their top priority, and court actions aren't happening quickly these days.

unholyangel

jon81uk said:

Did you buy in-person or over the phone/internet? Were the tables listed as a set (ie two tables for £1400) or was it a coffee table for £995 and a side table for £400?

If you bought in-store, then unless the coffee table was also faulty you had no right to a refund, so the credit is more than they had to offer anyway. If they were sold as a set and could not be bought separately then I think you should have got the full amount refunded. But if they were two separate items then no legal right to a refund on the coffee table.

Buy something quick before they do go bust.

If you buy goods together, even if they are priced separately, and you have the right to reject some of the goods (because they don't conform), you have the right to reject all the goods (even the ones that do conform). 

OP, I believe your bank have misunderstood and thought you asked for a chargeback, which you would be outside of the time limit for. You are not outside the time limit for a s75 claim. 

sos22

unholyangel said:

jon81uk said:

Did you buy in-person or over the phone/internet? Were the tables listed as a set (ie two tables for £1400) or was it a coffee table for £995 and a side table for £400?

If you bought in-store, then unless the coffee table was also faulty you had no right to a refund, so the credit is more than they had to offer anyway. If they were sold as a set and could not be bought separately then I think you should have got the full amount refunded. But if they were two separate items then no legal right to a refund on the coffee table.

Buy something quick before they do go bust.

If you buy goods together, even if they are priced separately, and you have the right to reject some of the goods (because they don't conform), you have the right to reject all the goods (even the ones that do conform). 

OP, I believe your bank have misunderstood and thought you asked for a chargeback, which you would be outside of the time limit for. You are not outside the time limit for a s75 claim. 

f you buy goods together, even if they are priced separately, and you have the right to reject some of the goods (because they don't conform), you have the right to reject all the goods (even the ones that do conform).   - is there anywhere that i can refer to this?  Where did you get this from?  It would be helpful if i could quote a reference source.
Thanks.

sos22

sos22 said:

unholyangel said:

jon81uk said:

Did you buy in-person or over the phone/internet? Were the tables listed as a set (ie two tables for £1400) or was it a coffee table for £995 and a side table for £400?

If you bought in-store, then unless the coffee table was also faulty you had no right to a refund, so the credit is more than they had to offer anyway. If they were sold as a set and could not be bought separately then I think you should have got the full amount refunded. But if they were two separate items then no legal right to a refund on the coffee table.

Buy something quick before they do go bust.

If you buy goods together, even if they are priced separately, and you have the right to reject some of the goods (because they don't conform), you have the right to reject all the goods (even the ones that do conform). 

OP, I believe your bank have misunderstood and thought you asked for a chargeback, which you would be outside of the time limit for. You are not outside the time limit for a s75 claim. 

f you buy goods together, even if they are priced separately, and you have the right to reject some of the goods (because they don't conform), you have the right to reject all the goods (even the ones that do conform).   - is there anywhere that i can refer to this?  Where did you get this from?  It would be helpful if i could quote a reference source.
Thanks.

is there anywhere that i can refer to this?  Where did you get this from?  It would be helpful if i could quote a reference source.
Thanks.

unholyangel

sos22 said:

unholyangel said:

jon81uk said:

Did you buy in-person or over the phone/internet? Were the tables listed as a set (ie two tables for £1400) or was it a coffee table for £995 and a side table for £400?

If you bought in-store, then unless the coffee table was also faulty you had no right to a refund, so the credit is more than they had to offer anyway. If they were sold as a set and could not be bought separately then I think you should have got the full amount refunded. But if they were two separate items then no legal right to a refund on the coffee table.

Buy something quick before they do go bust.

If you buy goods together, even if they are priced separately, and you have the right to reject some of the goods (because they don't conform), you have the right to reject all the goods (even the ones that do conform). 

OP, I believe your bank have misunderstood and thought you asked for a chargeback, which you would be outside of the time limit for. You are not outside the time limit for a s75 claim. 

f you buy goods together, even if they are priced separately, and you have the right to reject some of the goods (because they don't conform), you have the right to reject all the goods (even the ones that do conform).   - is there anywhere that i can refer to this?  Where did you get this from?  It would be helpful if i could quote a reference source.
Thanks.

Consumer rights act 2015.
Explicitly, if you check the explanatory notes for s21, it should say it in the first paragraph.