DOA Cross Trainer

Qwiksilver

I will try to keep it as brief as possible:
Purchased Cross Trainer £995 on 24th May from Fitness Superstore. Paid with Credit Card.
Delivered 27th May. Unpacked it and set it up (2 bolts). Plugged it in and not working.
Contacted the supplier within 1 hour and was asked to send an e mail to them (they said that in the interim they would pass the details on to their warranty department in advance of my email). Sent the email with specific details of the fault and my contact details. As I had no response form them I called them that afternoon and they denied receipt. I asked them to spell the email address and sent the email whilst they were on the phone. They confirmed receipt at that time. I asked that I be contacted within 48hrs to advise on a course of action and resolve.
The only contact I had from them was to be copied in on email they sent to the manufacturer asking for them to get involved. This got me worried.
I waited till end of business hours on the 1st of June and emailed them a letter of rejection (also posted original to their head office address) under consumer rights act 2015 and gave them 7 days before action.
They responded 2 days later saying they had escalated the problem with the manufacturer and awaited their response. 
I then responded to that email informing them that I had no contract with the manufacturer and would not be communicating with third parties. I also asked them to arrange collection of the defective item. This has yet to receive a response.
Spare parts arrived yesterday from the manufacturer. I have no idea what they expect me to do with them.
Lastly, I contacted them this morning in a final attempt to find a way forward and was put through to a salesman in a store in Exeter.
My question now is how long do I give them to collect the cross trainer (it is 85KG and nearly 2m long) and should I proceed with the small claims?
Sorry it was so long but I wanted to give everyone as much information as possible.

powerful_Rogue

Qwiksilver said:

I will try to keep it as brief as possible:
Purchased Cross Trainer £995 on 24th May from Fitness Superstore. Paid with Credit Card.
Delivered 27th May. Unpacked it and set it up (2 bolts). Plugged it in and not working.
Contacted the supplier within 1 hour and was asked to send an e mail to them (they said that in the interim they would pass the details on to their warranty department in advance of my email). Sent the email with specific details of the fault and my contact details. As I had no response form them I called them that afternoon and they denied receipt. I asked them to spell the email address and sent the email whilst they were on the phone. They confirmed receipt at that time. I asked that I be contacted within 48hrs to advise on a course of action and resolve.
The only contact I had from them was to be copied in on email they sent to the manufacturer asking for them to get involved. This got me worried.
I waited till end of business hours on the 1st of June and emailed them a letter of rejection (also posted original to their head office address) under consumer rights act 2015 and gave them 7 days before action.
They responded 2 days later saying they had escalated the problem with the manufacturer and awaited their response. 
I then responded to that email informing them that I had no contract with the manufacturer and would not be communicating with third parties. I also asked them to arrange collection of the defective item. This has yet to receive a response.
Spare parts arrived yesterday from the manufacturer. I have no idea what they expect me to do with them.
Lastly, I contacted them this morning in a final attempt to find a way forward and was put through to a salesman in a store in Exeter.
My question now is how long do I give them to collect the cross trainer (it is 85KG and nearly 2m long) and should I proceed with the small claims?
Sorry it was so long but I wanted to give everyone as much information as possible.

How did you pay?

Qwiksilver

I paid with credit card.

powerful_Rogue

Qwiksilver said:

I paid with credit card.

Contact your credit card and ask for a s75 claim. Defective goods delivered, no joy communicating with the retailer.

Manxman_in_exile

Qwiksilver - you haven't actually said, is the supplier still refusing to refund you and is ignoring your letter of rejection?

Do what powerful_Rogue suggests

Qwiksilver

Thank you for your replies folks.
Contacted supplier again today and whilst they acknowledged receipt of the letter, they still insist it will be the manufacturer who will collect and when they have done so they will process my refund. 

born_again

Purchased in store or online?
Yes I know it was delived.

Qwiksilver

It was bought online.

I have instigated a section 75 claim and await their decision.

In the interim I am having real problems getting these people to collect the trainer. I have written to, and called them twice asking them to arrange collection. Their latest response this morning (by email) is that they await confirmation of a collection date from the manufacturer as they are the warranty provider!!

Is it possible to give them a timeframe before disposal  as I need the space for the new one I will purchase once I receive my money back.(for clarity I do not want it. It does not work and therfore worthless)

born_again

I can't see S75 getting anywhere as the bank will want to do a chargeback 1st for faulty goods, but for that either the goods have to be back with the retailer, or you need proof that they will not take them back.

Qwiksilver

born_again said:

I can't see S75 getting anywhere as the bank will want to do a chargeback 1st for faulty goods, but for that either the goods have to be back with the retailer, or you need proof that they will not take them back.

So you are saying i should not have made a section 75 claim?

born_again

Qwiksilver said:

born_again said:

I can't see S75 getting anywhere as the bank will want to do a chargeback 1st for faulty goods, but for that either the goods have to be back with the retailer, or you need proof that they will not take them back.

So you are saying i should not have made a section 75 claim?

Bank will decide the best way forward.
Given S75 payouts come from the bank, not retailer & chargebacks funds come from retailer. Bank will come back to you with the way forward.
I would also say given the short timeframe involved the bank will be wanting to wait and see what the retailer does.

So you have not done anything wrong. Not everyone knows about chargebacks (much quicker) and it is down to bank staff to advise you of the best course of action.👍