Citizencard

born_again

You forgot the other bits from the Which link.

six months or more you must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time you took ownership of it. 

In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.

Expecting a piece of plastic to last 6 years that cost a few £ is unlikely to get far.

But was it in your pocket or your wallet? 

Diamandis

You don't really seem to want to listen to the advice you're being given but you should take the replacement they have kindly offered.

Bennyblanco187

born_again said:

You forgot the other bits from the Which link.

six months or more you must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time you took ownership of it. 

In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.

Expecting a piece of plastic to last 6 years that cost a few £ is unlikely to get far.

But was it in your pocket or your wallet? 

I appreciate your advice, but you are misinterpreting. I didn't expect it to last 6 years lol. The hologram rubs off easily so its not a problem to show its faulty. 

I gave the retailer the opportunity to replace it, and they refused. I emailed back and forth many times. They ignored questions, were dishonest about the subject access claim I made, they have still refused me information even thought he Information Comminssioners office have assured me that I am entitled to it, and advised me to make a complaint if I dont receive it on time.

I have tried to have a conversation with them explaining consumer law, they just completely ignore it and kept telling me I have to pay for a replacement. Expecting an expert to come and testify at county court over a purchase less than £100 is unreasonable.

The card was literally in my wallet, not in my pocket, not thrown on the ground and stepped on at a night club, the card is in pristine perfect condition.

I would of accepted the replacement and sent it back for a refund when it happened again, but all the ridiculous emails and time spent on this. I have a bad disability and I have to get help writing these emails, from friends and family as I am receiving help writing this.

Because they have caused so much hassle it is considered significant inconvienience and is unreasonble to spend a month trying to get a replacement, therefore I have no option except to ask for a refund. I have been open to partial refund, they havent been at all. Their business model is no matter what the reason is, they will not issue any refund under any circustance, even though it is against consumer law.

Bennyblanco187

Diamandis said:

You don't really seem to want to listen to the advice you're being given but you should take the replacement they have kindly offered.

Listening to advice is what I am trying to do. I talked to Citizens Advice twice, to different people both times and they checked with their colleagues each time.I dont really want to accept a replacement card that isnt fit for purpose. 

They didn't kindly offer anything, do you know how many emails I had to send and quote consumer law to get them to accept I was entitled to a replacement. They told me I had to buy a replacement, then agreed that I should get it for free long past when that was a reasonable solution in my mind. 

Bennyblanco187

powerful_Rogue said:

Bennyblanco187 said:

CardinalWolsey said:

The county court will throw out your application under de minimis rules.

You have now incurred far more cost in terms of effort than the value of the service you are complaining about. Citizencard charge £12 for a replacement card. They now also have a digital version to complement the physical card. You could leave your new shiny replacement at home, never to be tarnished by your wallet, and just use the digital version.

Thank you for reply, you may be misunderstood as there is no mimimum for Moneyclaim online, and there is no basis to dismiss a case because it is below a certain amount, that would be rather perculiar. I have read cases in court that were for a few quid

There is no minimum, however as was mentioned, it could be thrown out under de minimis rules.

Thank you, I will keep that in mind and question the Moneyclaim helpline about that again. Cheers.

powerful_Rogue

Bennyblanco187 said:

born_again said:

You forgot the other bits from the Which link.

six months or more you must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time you took ownership of it. 

In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.

Expecting a piece of plastic to last 6 years that cost a few £ is unlikely to get far.

But was it in your pocket or your wallet? 

I appreciate your advice, but you are misinterpreting. I didn't expect it to last 6 years lol. The hologram rubs off easily so its not a problem to show its faulty. 

I gave the retailer the opportunity to replace it, and they refused. I emailed back and forth many times. They ignored questions, were dishonest about the subject access claim I made, they have still refused me information even thought he Information Comminssioners office have assured me that I am entitled to it, and advised me to make a complaint if I dont receive it on time.

I have tried to have a conversation with them explaining consumer law, they just completely ignore it and kept telling me I have to pay for a replacement. Expecting an expert to come and testify at county court over a purchase less than £100 is unreasonable.

The card was literally in my wallet, not in my pocket, not thrown on the ground and stepped on at a night club, the card is in pristine perfect condition.

I would of accepted the replacement and sent it back for a refund when it happened again, but all the ridiculous emails and time spent on this. I have a bad disability and I have to get help writing these emails, from friends and family as I am receiving help writing this.

Because they have caused so much hassle it is considered significant inconvienience and is unreasonble to spend a month trying to get a replacement, therefore I have no option except to ask for a refund. I have been open to partial refund, they havent been at all. Their business model is no matter what the reason is, they will not issue any refund under any circustance, even though it is against consumer law.

I think you are misinterpreting what @born_again said, not only that but consumer law.

As the card is over six months old - It's for you to prove the card is 'inherently' faulty - meaning it has a design flaw from the factory, not that the damage has been caused by yourself. You would do this by means of an independant report, not bringing an expert to the small claims court.

Also as it's over six months old, under consumer law they have the option to repair, replace or refund. They have offered to replace without even asking for an experts report, so in this sense they are going above and beyond what they need to do.

Listen to the advice. You might disagree, but we are explaining why you will lose if you take this to the smallclaims court.

Pollycat

Bennyblanco187 said:

The card was literally in my wallet, not in my pocket, not thrown on the ground and stepped on at a night club, the card is in pristine perfect condition.

You very clearly said - in your first post - that:

Bennyblanco187 said:

I purchased a Citizencard in July 2020. The card is very poorly made and the hologram has rubbed off just from being in my pocket. I tried asking for refund they said that I have to pay for a new card because it was in 2020. I tried quoting consumer law that the card is faulty and not fit for use. I talked to a manager and administrative officer and they have all denied a replacing or a refund without me paying for a new card. In the end they have now agreed to a replacement card if I send it back they will send a replacement "if it applies".

MarvinDay

Bennyblanco187 said:

Diamandis said:

You don't really seem to want to listen to the advice you're being given but you should take the replacement they have kindly offered.

 I talked to Citizens Advice twice, to different people both times and they checked with their colleagues each time.I dont really want to accept a replacement card that isnt fit for purpose. 

Just because the card you currently have may not be fit for purpose (something that's up for debate), doesn't mean that the replacement supplied will be the same.
If the Citizencard have had a lot of complaints, they may have switched to an alternative supplier or the manufacturing process could have changed and the new card could be far more robust and hard wearing.

As has been said by many posters, Citizencard are legally allowed to give a replacement rather than a refund so why not pay the postage and take them up on this and give the new card a try?

Bennyblanco187

MarvinDay said:

Bennyblanco187 said:

Diamandis said:

You don't really seem to want to listen to the advice you're being given but you should take the replacement they have kindly offered.

 I talked to Citizens Advice twice, to different people both times and they checked with their colleagues each time.I dont really want to accept a replacement card that isnt fit for purpose. 

Just because the card you currently have may not be fit for purpose (something that's up for debate), doesn't mean that the replacement supplied will be the same.
If the Citizencard have had a lot of complaints, they may have switched to an alternative supplier or the manufacturing process could have changed and the new card could be far more robust and hard wearing.

As has been said by many posters, Citizencard are legally allowed to give a replacement rather than a refund so why not pay the postage and take them up on this and give the new card a try?

It is possible they have, although from one of their emails they claim that there is nothing wrong with the card, and that the card lasts a few years and then they put it down to wear and tear.

The only problem with that is mine is half rubbed off from being in my wallter. I typed picket by accident, meant wallet. Also another problem with that is I know another person with the card and the hologram rubbed off easily. Also that person knows other people who had had the same problem although I do not know the particulars of their situation.

I don't want to accept a new card for a couple of reasons.
1) I tried to get a replacement, they were rude and refused.
2) The card probably wont last long and I will have to contact them for a refund and they will treat me the same way, astonishing amount of emails back and forth for such a simple issue.
3) They only make cards that have a 3 year validation on them, and the one I bought was a lifetime card so I would be accepting a 3 year limitation, which is not the agreement I had with them when purchasing the card.
4) They expect me to pay to keep sending the card back, I am happy to pay the postage this time to send it back, but not to receive a bad card and have to pay it again.

At first I was happy to accept a partial refund, they wouldn't even respond to that they just ignored it, just like the consumer law, they didn't dispute it or point out something about it they thought wasn't correct, they just completely ignored what I said.

Aylesbury_Duck

Having read through the thread, there is only one person having tantrums.  It's been another of those threads where someone comes along with a problem, then proceeds to argue with people freely giving their advice and opinions on the matter because they don't like the advice and opinions given, and think they know better.

You literally began by saying: "Any advise [sic] would be greatly appreciated."  You got advice, and it was clearly not appreciated unless it told you what you wanted to hear.  That's an odd approach to take to getting consumer rights advice from a forum populated by laymen.  If you wanted robust, informed legal opinion, you should speak to a solicitor.