Very.co.uk sent me a laptop with cracked screen, how long should refund take?

joebmc123

Hi,

I brought a laptop on very for £450 on the 10th Feb and paid buy debit card. When it arrived on the 12th, I opened the box, opened the lid of the laptop to see it had a crack on the screen. I didn’t bother to turn it on or anything, just packed it back up, called Very returns and sent it off to Very on the Monday.

They have now had it 10 days and I had not received a refund or conformation that they received it, spoke to someone via there twitter page and was told I must wait up to 21 days because they must test it but admitted they received it (I have tracking number and receipt).

I don’t have much hope that I will receive my refund at the end of the 21 days having looked at Very’s reviews.

Can anyone recommend the next steps if no refund has been received? Should I tweet them again on the 7th March (21’s day up) and hashtag the CEO and Laptop manufacturer in on the tweet aswell? 

jon81uk

It’s got nothing to do with the manufacturer. 

21 days doesn’t seem unreasonable, just get in touch around 19 days and ask for an update.

Ergates

I wouldn't say that 21 days is reasonable.

For distance sales they should be refunding the customer within 14 days of receiving the goods back.

Manxman_in_exile

Ergates said:

For distance sales they should be refunding the customer within 14 days of receiving the goods back.

Presumably the OP needs to go back to Very and quote s34(5) of the Consumer Contracts etc Regulations 2013.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

(I'm probably nit-picking here, but that applies to distance sales where the consumer has either cancelled or withdrawn from the contract.  Does it also apply here where the OP has presumably exercised the short term right to reject under the Consumer Rights Act, or is that the same as cancelling or withdrawing under the Regulations?  The Consumer Rights Act seems to say within 14 days after the trader has agreed to refund)

smashinglynaive

Manxman_in_exile said:

Ergates said:

For distance sales they should be refunding the customer within 14 days of receiving the goods back.

Presumably the OP needs to go back to Very and quote s34(5) of the Consumer Contracts etc Regulations 2013.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

(I'm probably nit-picking here, but that applies to distance sales where the consumer has either cancelled or withdrawn from the contract.  Does it also apply here where the OP has presumably exercised the short term right to reject under the Consumer Rights Act, or is that the same as cancelling or withdrawing under the Regulations?  The Consumer Rights Act seems to say within 14 days after the trader has agreed to refund)

It's very (no pun intended) unlikely that they did cancel under the CCRs as you do need to be explicit about it, rather than returning it via the retailers return process.

Ergates

Manxman_in_exile said:

Ergates said:

For distance sales they should be refunding the customer within 14 days of receiving the goods back.

Presumably the OP needs to go back to Very and quote s34(5) of the Consumer Contracts etc Regulations 2013.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

(I'm probably nit-picking here, but that applies to distance sales where the consumer has either cancelled or withdrawn from the contract.  Does it also apply here where the OP has presumably exercised the short term right to reject under the Consumer Rights Act, or is that the same as cancelling or withdrawing under the Regulations?  The Consumer Rights Act seems to say within 14 days after the trader has agreed to refund)

The part I was referring to also relates to customer using their right to return items within 14 days for any reason - rather than, specifically, their right to return an item that was faulty.   My general point was that as they're meant to refund within 14 days under those circumstances, I don't think saying "you need to wait 21 days" is reasonable when an item is returned as faulty - when a users rights are even more clear cut and robust.

i.e. If I can return a laptop on the day I receive it because I don't like the colour and expect to get a refund within 14 days of it arriving back with the merchant, why would I have to wait longer if I've returned it because it was broken.

Alderbank

Ergates said:

Manxman_in_exile said:

Ergates said:

For distance sales they should be refunding the customer within 14 days of receiving the goods back.

Presumably the OP needs to go back to Very and quote s34(5) of the Consumer Contracts etc Regulations 2013.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

(I'm probably nit-picking here, but that applies to distance sales where the consumer has either cancelled or withdrawn from the contract.  Does it also apply here where the OP has presumably exercised the short term right to reject under the Consumer Rights Act, or is that the same as cancelling or withdrawing under the Regulations?  The Consumer Rights Act seems to say within 14 days after the trader has agreed to refund)

i.e. If I can return a laptop on the day I receive it because I don't like the colour and expect to get a refund within 14 days of it arriving back with the merchant, why would I have to wait longer if I've returned it because it was broken.

Because it was broken, that's why.
It's fair for the retailer to investigate why it is broken before giving a full refund. They may not wish to give a full refund if the inside is full of coffee or red wine for instance or there are other signs of abuse, and reasonably this will take a little time to establish.

Manxman_in_exile

Ergates said:

Manxman_in_exile said:

Ergates said:

For distance sales they should be refunding the customer within 14 days of receiving the goods back.

Presumably the OP needs to go back to Very and quote s34(5) of the Consumer Contracts etc Regulations 2013.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

(I'm probably nit-picking here, but that applies to distance sales where the consumer has either cancelled or withdrawn from the contract.  Does it also apply here where the OP has presumably exercised the short term right to reject under the Consumer Rights Act, or is that the same as cancelling or withdrawing under the Regulations?  The Consumer Rights Act seems to say within 14 days after the trader has agreed to refund)

The part I was referring to also relates to customer using their right to return items within 14 days for any reason - rather than, specifically, their right to return an item that was faulty.   My general point was that as they're meant to refund within 14 days under those circumstances, ...

Hmmm.  I think you may have misunderstood my point whereas I don't think @smashinglynaive has?

I'm not sure which "part" you are referring to, but my understanding was that The Consumer Contracts (Information etc) Regs do indeed allow a consumer to return distance bought items for any reason within 14 days, but that the consumer only exercises that right by cancelling the contract or withdrawing from it.(*)

In that case the trader must refund within 14 days of receiving the goods back or within 14 days of the consumer providing evidence that they have returned them.  But I think that smashinglynaive is correct in saying that for this to apply, the consumer must expressly tell the trader that they are cancelling or withdrawing, and not just be returning the goods because they are faulty or under the trader's own returns policy.(*)

Where, for instance, the consumer is rejecting "faulty" items under the Consumer Rights Act short-term right to reject (which I think might be the situation in this case) then the trader only needs to refund within 14 days after they have agreed that a refund is due.

The two situations are different.  One is where the consumer can cancel for any reason - or no reason at all - and the other is where goods are being rejected because they are faulty in some way.  As @Alderbank has said, it's perfectly reasonable for a trader to have time to inspect allegedly faulty goods before agreeing to pay a refund for them.

FWIW, I actually think 14 days is a rather short period of time and I've always been surprised that it wasn't a longer period.  I think I'd be quite happy to wait up to 28 days, but certainly no longer.


(*)  As I say, that's my understanding and apologies if I'm wrong.  If I am wrong which part of the legislation do you think does apply?

Ergates

Manxman_in_exile said:

Ergates said:

Manxman_in_exile said:

Ergates said:

For distance sales they should be refunding the customer within 14 days of receiving the goods back.

Presumably the OP needs to go back to Very and quote s34(5) of the Consumer Contracts etc Regulations 2013.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

(I'm probably nit-picking here, but that applies to distance sales where the consumer has either cancelled or withdrawn from the contract.  Does it also apply here where the OP has presumably exercised the short term right to reject under the Consumer Rights Act, or is that the same as cancelling or withdrawing under the Regulations?  The Consumer Rights Act seems to say within 14 days after the trader has agreed to refund)

The part I was referring to also relates to customer using their right to return items within 14 days for any reason - rather than, specifically, their right to return an item that was faulty.   My general point was that as they're meant to refund within 14 days under those circumstances, ...

Hmmm.  I think you may have misunderstood my point whereas I don't think @smashinglynaive has?

I'm not sure which "part" you are referring to, but my understanding was that The Consumer Contracts (Information etc) Regs do indeed allow a consumer to return distance bought items for any reason within 14 days, but that the consumer only exercises that right by cancelling the contract or withdrawing from it.(*)

In that case the trader must refund within 14 days of receiving the goods back or within 14 days of the consumer providing evidence that they have returned them.  But I think that smashinglynaive is correct in saying that for this to apply, the consumer must expressly tell the trader that they are cancelling or withdrawing, and not just be returning the goods because they are faulty or under the trader's own returns policy.(*)

Where, for instance, the consumer is rejecting "faulty" items under the Consumer Rights Act short-term right to reject (which I think might be the situation in this case) then the trader only needs to refund within 14 days after they have agreed that a refund is due.

The two situations are different.  One is where the consumer can cancel for any reason - or no reason at all - and the other is where goods are being rejected because they are faulty in some way.  As @Alderbank has said, it's perfectly reasonable for a trader to have time to inspect allegedly faulty goods before agreeing to pay a refund for them.

FWIW, I actually think 14 days is a rather short period of time and I've always been surprised that it wasn't a longer period.  I think I'd be quite happy to wait up to 28 days, but certainly no longer.


(*)  As I say, that's my understanding and apologies if I'm wrong.  If I am wrong which part of the legislation do you think does apply?

No, I get what you meant - I just expressed myself badly.

I was meaning as a general principle rather than as a legally protected right.  It just seems wrong that I have a stronger right (i.e. quicker refund) when I arbitrarily change my mind, than when the retailer fails to deliver a working product.

I pay you £1000 for a laptop, you send me a perfectly good laptop, but I decide that actually I don't want a laptop.  I send it back and I'm entitled to my £1000 within 14 days.

I pay you £1000 for a laptop, you send me a box of smashed up electronic components instead.  I send it back and I have to wait longer?

I understand why the retailer would *want* to inspect the good before offering a refund - but it still seems wrong to me.

Manxman_in_exile

Does the fact you have received a box of smashed up electronic components necessarily prevent you from exercising your right to cancel a distance purchase under s34 of The Consumer Contract (Information etc... ) Regs 2013, rather than returning them for not conforming to contract under the Consumer Rights Act? (*)

I'd have to say I don't know the answer, but I don't know of any provision that would prevent you doing so either.  And I suppose that's why I asked my original question, but simplynaive has since pointed out that to take advantage of the "change of mind" return, you have to expressly tell the trader that you are cancelling or withdrawing from the contract, and not that you are returning the item because it is broken.

I think in this current case it's more likely that the OP has returned the item "because it's broken" and not because they are cancelling the contract.  And if that's the case they might have to wait for up to 14 days after Very have agreed to pay a refund to get the refund.

On the general point, I suppose our legislators appear to have decided NOT to draw a distinction between items smashed beyond repair and those that simply don't conform to contract for whatever reason, but HAVE decided to draw a distinction between distance sales and others.  Whether it makes sense or not is beyond my pay grade...


(*)  Of course the trader might be justifiably suspicious of you trying to cancel the contract and alleging everything was broken when it was delivered to you, but you'd have to cross that bridge anyway whether trying to cancel or just returning it because it was broken.

the_lunatic_is_in_my_head

I would assume that the consumer is entitled to change their mind and receive their refund within the cancellation regs time periods even if the goods do not conform to the contract.

The issue with this is the trader can reduce the refund for diminished value for excessive handling (subject to required information) and the question is likely to be asked as to why damage to an expensive item wasn't mentioned casting the impression it was the consumer who damaged the goods rather than them arriving in this condition.

The CRA does state the refund must be without undue delay and as Manxman says in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund both of which could be subjective depending upon the circumstances.