Complaints Advice

rosiesmith11

Hi all 
I purchased a washing machine through a product testing website. It took forever to arrive. In the interim, I received an email advising I would receive a refund alongside the washing machine. 

I queried this and received no response. 

2 months later, I have been requesting said refund now I have my washing machine. This has been disputed and declined on the basis it was “mis-information” and “not in the Ts and Cs” of the purchase via the campaign. 

I have been offered a) fast track to any other campaign (whilst still paying for those I want to participate in). b) an apology and nothing else. c) they’ll collect the washing machine and give me a refund. 

I have rejected all of the above. 

Where do I stand? Can I legally request my refund as I had this in writing? 

Thanks

Grumpy_chap

rosiesmith11 said:

Hi all 
I purchased a washing machine through a product testing website. It took forever to arrive. In the interim, I received an email advising I would receive a refund alongside the washing machine. 

I queried this and received no response. 

2 months later, I have been requesting said refund now I have my washing machine. This has been disputed and declined on the basis it was “mis-information” and “not in the Ts and Cs” of the purchase via the campaign. 

I have been offered a) fast track to any other campaign (whilst still paying for those I want to participate in). b) an apology and nothing else. c) they’ll collect the washing machine and give me a refund. 

I have rejected all of the above. 

Where do I stand? Can I legally request my refund as I had this in writing? 

Thanks

It is very unusual to be able to buy something and keep the something and get a refund.  No such thing as a free lunch.  Simply late delivery is not usually reason for the goods to be supplied free of charge.  If you want to keep the washing machine, then keep it.  If you want the refund, then accept option (c).

What exactly does the e-mail say about keeping the washing machine plus the refund?  If you can share this information, it may give grounds to deviate from the above, but I'd be surprised.

Sandtree

rosiesmith11 said:

Hi all 
I purchased a washing machine through a product testing website. It took forever to arrive. In the interim, I received an email advising I would receive a refund alongside the washing machine. 

I queried this and received no response. 

2 months later, I have been requesting said refund now I have my washing machine. This has been disputed and declined on the basis it was “mis-information” and “not in the Ts and Cs” of the purchase via the campaign. 

I have been offered a) fast track to any other campaign (whilst still paying for those I want to participate in). b) an apology and nothing else. c) they’ll collect the washing machine and give me a refund. 

I have rejected all of the above. 

Where do I stand? Can I legally request my refund as I had this in writing? 

Thanks

If the person had sent you an email saying they'd refund you and give you £10m compensation for your trouble do you realistically think that would be enforceable?

The law acknowledges people make mistakes and employees can go rogue and so just because you have something in writing doesnt automatically mean its enforceable. If you took action upon their advices and can show you have suffered a loss when they didnt stick to their advices then there can be a case for arguing those losses should be covered even if there was human error or a rogue employee depending on how believable the advices should have been... eg if you'd put down a £5k deposit on your Lambo in anticipation of the £10m compensation for delayed washing machine you could attempt to get the £5k back but would have a snowballs chance.

There is no logical reason you'd get a full refund and your product, if the email said they'd give you a partial refund due to the delays then you may be in slightly different position but you havent really evidenced any loss as a result of the poor advice.

pinkshoes

rosiesmith11 said:

Hi all 
I purchased a washing machine through a product testing website. It took forever to arrive. In the interim, I received an email advising I would receive a refund alongside the washing machine. 

I queried this and received no response. 

2 months later, I have been requesting said refund now I have my washing machine. This has been disputed and declined on the basis it was “mis-information” and “not in the Ts and Cs” of the purchase via the campaign. 

I have been offered a) fast track to any other campaign (whilst still paying for those I want to participate in). b) an apology and nothing else. c) they’ll collect the washing machine and give me a refund. 

I have rejected all of the above. 

Where do I stand? Can I legally request my refund as I had this in writing? 

Thanks

Quite clearly this is a human error. They probably meant they would refund and then collect the washing machine.

Their 3 offers are far more than you would be entitled to in a court of law so I would accept which one is best for you.

Humans make mistakes... 

rosiesmith11

Grumpy_chap said:

rosiesmith11 said:

Hi all 
I purchased a washing machine through a product testing website. It took forever to arrive. In the interim, I received an email advising I would receive a refund alongside the washing machine. 

I queried this and received no response. 

2 months later, I have been requesting said refund now I have my washing machine. This has been disputed and declined on the basis it was “mis-information” and “not in the Ts and Cs” of the purchase via the campaign. 

I have been offered a) fast track to any other campaign (whilst still paying for those I want to participate in). b) an apology and nothing else. c) they’ll collect the washing machine and give me a refund. 

I have rejected all of the above. 

Where do I stand? Can I legally request my refund as I had this in writing? 

Thanks

It is very unusual to be able to buy something and keep the something and get a refund.  No such thing as a free lunch.  Simply late delivery is not usually reason for the goods to be supplied free of charge.  If you want to keep the washing machine, then keep it.  If you want the refund, then accept option (c).

What exactly does the e-mail say about keeping the washing machine plus the refund?  If you can share this information, it may give grounds to deviate from the above, but I'd be surprised.

We apologise for any inconvenience caused so far. We are not cancelling the campaigns and all successful participants will receive their refund as a fact. 

Regarding delivery updates we are on hold until further notice. We will send an update as soon as we have your tracking number.

Aylesbury_Duck

rosiesmith11 said:

Grumpy_chap said:

rosiesmith11 said:

Hi all 
I purchased a washing machine through a product testing website. It took forever to arrive. In the interim, I received an email advising I would receive a refund alongside the washing machine. 

I queried this and received no response. 

2 months later, I have been requesting said refund now I have my washing machine. This has been disputed and declined on the basis it was “mis-information” and “not in the Ts and Cs” of the purchase via the campaign. 

I have been offered a) fast track to any other campaign (whilst still paying for those I want to participate in). b) an apology and nothing else. c) they’ll collect the washing machine and give me a refund. 

I have rejected all of the above. 

Where do I stand? Can I legally request my refund as I had this in writing? 

Thanks

It is very unusual to be able to buy something and keep the something and get a refund.  No such thing as a free lunch.  Simply late delivery is not usually reason for the goods to be supplied free of charge.  If you want to keep the washing machine, then keep it.  If you want the refund, then accept option (c).

What exactly does the e-mail say about keeping the washing machine plus the refund?  If you can share this information, it may give grounds to deviate from the above, but I'd be surprised.

We apologise for any inconvenience caused so far. We are not cancelling the campaigns and all successful participants will receive their refund as a fact. 

Regarding delivery updates we are on hold until further notice. We will send an update as soon as we have your tracking number.

Is that it, or is there more context?  The language is a little odd in isolation.  It seems to suggest that they intended to recall the machine and issue a refund, but that a mistake has been made and you were sent the machine in error.

Ergates

rosiesmith11 said:

Grumpy_chap said:

rosiesmith11 said:

Hi all 
I purchased a washing machine through a product testing website. It took forever to arrive. In the interim, I received an email advising I would receive a refund alongside the washing machine. 

I queried this and received no response. 

2 months later, I have been requesting said refund now I have my washing machine. This has been disputed and declined on the basis it was “mis-information” and “not in the Ts and Cs” of the purchase via the campaign. 

I have been offered a) fast track to any other campaign (whilst still paying for those I want to participate in). b) an apology and nothing else. c) they’ll collect the washing machine and give me a refund. 

I have rejected all of the above. 

Where do I stand? Can I legally request my refund as I had this in writing? 

Thanks

It is very unusual to be able to buy something and keep the something and get a refund.  No such thing as a free lunch.  Simply late delivery is not usually reason for the goods to be supplied free of charge.  If you want to keep the washing machine, then keep it.  If you want the refund, then accept option (c).

What exactly does the e-mail say about keeping the washing machine plus the refund?  If you can share this information, it may give grounds to deviate from the above, but I'd be surprised.

We apologise for any inconvenience caused so far. We are not cancelling the campaigns and all successful participants will receive their refund as a fact. 

Regarding delivery updates we are on hold until further notice. We will send an update as soon as we have your tracking number.

Did you pay to join the "campaign" (whatever that is)?  If so, it may be that they're saying they'll refund.  Or is the purpose of the campaign to get a partial refund on the product (i.e. get it at a reduced price).

There is no way on earth they could offer to refund the full amount of the machine for "all successful participants" whilst letting them keep the machines.

rosiesmith11

My initial contact was via a online form on their site and just said “Where is my machine?” 

The response was :- 

Thanks for your email. 

We apologise for any inconvenience caused so far. We are not cancelling the campaigns and all successful participants will receive their refund as a fact. 

Regarding delivery updates we are on hold until further notice. We will send an update as soon as we have your tracking number.

Thanks for your understanding and once again apologies. 

I then responded:-

Hi there,

I don’t understand your response. 

You’re issuing me a refund and I will still receive the washing machine?

I received no response, Despite the fact I KEPT responding via this thread. 

Yes - paid them £700 instead of the RRP of £1000+  The Ts and Cs (that I signed in order to join and prior to paying the £700) state no refund - but, would this email supersede that?

Aylesbury_Duck

rosiesmith11 said:

My initial contact was via a online form on their site and just said “Where is my machine?” 

The response was :- 

Thanks for your email. 

We apologise for any inconvenience caused so far. We are not cancelling the campaigns and all successful participants will receive their refund as a fact. 

Regarding delivery updates we are on hold until further notice. We will send an update as soon as we have your tracking number.

Thanks for your understanding and once again apologies. 

I then responded:-

Hi there,

I don’t understand your response. 

You’re issuing me a refund and I will still receive the washing machine?

I received no response, Despite the fact I KEPT responding via this thread. 

Yes - paid them £700 instead of the RRP of £1000+  The Ts and Cs (that I signed in order to join and prior to paying the £700) state no refund - but, would this email supersede that?

No.  Lack of a reply cannot be taken as agreement to your suggestion of having the refund and the machine.

It's clearly a mistake, and one which they're entitled to correct.

rosiesmith11

Aylesbury_Duck said:

rosiesmith11 said:

My initial contact was via a online form on their site and just said “Where is my machine?” 

The response was :- 

Thanks for your email. 

We apologise for any inconvenience caused so far. We are not cancelling the campaigns and all successful participants will receive their refund as a fact. 

Regarding delivery updates we are on hold until further notice. We will send an update as soon as we have your tracking number.

Thanks for your understanding and once again apologies. 

I then responded:-

Hi there,

I don’t understand your response. 

You’re issuing me a refund and I will still receive the washing machine?

I received no response, Despite the fact I KEPT responding via this thread. 

Yes - paid them £700 instead of the RRP of £1000+  The Ts and Cs (that I signed in order to join and prior to paying the £700) state no refund - but, would this email supersede that?

No.  Lack of a reply cannot be taken as agreement to your suggestion of having the refund and the machine.

It's clearly a mistake, and one which they're entitled to correct.

Okay - I wasn’t suggesting the lack of response is an admission of acceptance, but, more the initial that does state “refund” will be received “as a fact”. 

screech_78

rosiesmith11 said:

Aylesbury_Duck said:

rosiesmith11 said:

My initial contact was via a online form on their site and just said “Where is my machine?” 

The response was :- 

Thanks for your email. 

We apologise for any inconvenience caused so far. We are not cancelling the campaigns and all successful participants will receive their refund as a fact. 

Regarding delivery updates we are on hold until further notice. We will send an update as soon as we have your tracking number.

Thanks for your understanding and once again apologies. 

I then responded:-

Hi there,

I don’t understand your response. 

You’re issuing me a refund and I will still receive the washing machine?

I received no response, Despite the fact I KEPT responding via this thread. 

Yes - paid them £700 instead of the RRP of £1000+  The Ts and Cs (that I signed in order to join and prior to paying the £700) state no refund - but, would this email supersede that?

No.  Lack of a reply cannot be taken as agreement to your suggestion of having the refund and the machine.

It's clearly a mistake, and one which they're entitled to correct.

Okay - I wasn’t suggesting the lack of response is an admission of acceptance, but, more the initial that does state “refund” will be received “as a fact”. 

Even then, everyone makes mistakes. A reasonable person wouldn’t assume you can keep the machine and receive a £700 refund. They’re allowed to correct a mistake.