Wrong Iphone delivered TWICE

the_lunatic_is_in_my_head

photome said:

the_lunatic_is_in_my_head said:

Interestingly since the retailer has had one attempt to replace the goods and they still do not conform to the contract I think the OP has the opportunity to retain the goods accepting the aspects that don't conform and is entitled to exercise their right to a price reduction.  

Why would there be a price reduction given the phone received is approx £1k and the phone ordered approx £500

I don't think the price is the only consideration, if you ordered a double bed, was sent a king and the company said you was welcome to keep it that may sound like a bonus as the king would cost more but maybe the bigger bed leaves your bedroom looking too small. 

The regs are clear that after one failed repair or replacement the consumer may exercise their final right to reject or their right to a price reduction, it's Apple's job to convince you their latest phone is better but I doubt it's difficult to articulate a small reason why something on the newer model isn't ideal.

As far as I know the OP only has to notify the trader they are exercising their right to a price reduction, the requested amount could be nominal and if the retailer didn't pay it would be too small to pursue. 

The flaw in this is that it's an obvious mistake which may trump the CRA, even then is it worth the trader chasing £500? 

From reading on here, in a business to consumer contract the consumer can request the case be heard at their local court and the awarding of costs are limited, figures posted here in the past were around £70-£90 for additional costs. 

A big company could easily spend £500 sending a representative from their legal department half way across the country and back. 

the_lunatic_is_in_my_head

Just for you as per the below Fraud would be keeping the phone and not telling the retailer, which I haven't suggested. 


www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(b)to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.

(2)The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.

(3)Section 20(10) to (17) applies to a consumer’s right to receive a refund under subsection (1)(b).

(4)The right to a price reduction does not apply—

(a)if what the consumer is (before the reduction) required to transfer under the contract, whether or not already transferred, cannot be divided up so as to enable the trader to receive or retain only the reduced amount, or

(b)if anything to which section 20(12) applies cannot be given back in its original state.

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.