Robert Dyas appalling customer service on undelivered item ongoing

Flyerfinn

I recently purchased a Samsung Terrace out door tv from Robert Dyas on 16th June which had a cost price of £3219.00, the tv was advertised as a package which included a “free Samsung terrace sound bar” until the 28th June, (£999) so I was well inside this deadline. The tv duly arrived as described 4 days later however there was no sound bar. 

So as it stands I have contacted customer services every day to be told the same everyday that they are looking into this but the supplier of the tv and sound bar won’t answer their phone so they cannot tell me when I will receive the sound bar or if I will ever receive one. Having past the 7 days before it could be escalated to the “back office” it is now logged with the back office and the complaints team where every day I’m told a manager or team leader will ring me back and guess what, they never do. 

I have had enough now of being fobbed off and going round in circles, would I have a case for trading standards to look into or do I need to take this into a small claims court. Any advice would be appreciated. 

The sound bars are in stock for delivery if I want to buy one apparently- this did make me chuckle at the cheek of it.

eskbanker

If you're not getting anywhere with customer services then you could issue a letter before action as a precursor to initiating a small claims court case, or maybe try escalating via their CEO instead?

Edit: if they get to the stage of actually denying you what you signed up for (thereby breaching the contract) then you could potentially make a chargeback or section 75 claim via your card provider, assuming you paid by credit or debit card.

MattMattMattUK

eskbanker said:

If you're not getting anywhere with customer services then you could issue a letter before action as a precursor to initiating a small claims court case, or maybe try escalating via their CEO instead?

Edit: if they get to the stage of actually denying you what you signed up for (thereby breaching the contract) then you could potentially make a chargeback or section 75 claim via your card provider, assuming you paid by credit or debit card.

However if they make a Chargeback then they need to return the TV to the supplier, or a S75 claim the TV becomes the property of the credit card provider, who will likely want it as well.

TELLIT01

If the OP is literally calling every day, all they will be doing is p'ing the customer services team off.  It does take time for them to contact the supplier and get a resolution.  If the soundbar isn't forthcoming, the most likely outcome would be a full refund.  I can't see Trading Standards being interested this soon in a dispute and I would suggest it's also too early to start with the small claims court.

the_lunatic_is_in_my_head

OP if the TV was advertised as including a sound bar and it hasn't been supplied then in the first instance the trader should repair or replace.

Repair means making the goods conform to the contract so in this instance that would mean providing the sound bar.

If the sound bar is readily available then the retailer can't say it's impossible and as it was advertised as a package and they acknowledge this should be included I don't see they can claim it's disproportionately expensive either but it doesn't really matter if they do as that still leads to the next step.

The retailer's issues with their supplier aren't your concern but they do have a reasonable time to provide a remedy, this isn't defined and depends upon each situation.

If the trader eventually fails to provide the sound bar within that reasonable time then you have the right to reject the goods and return them for a full refund (full refund if you exercise this right within 6 months of delivery) or you have the right to a price reduction.

Guidance states a price reduction should be the difference between what was purchased and what was supplied so that is pretty straightforward in this case. You should shop around and see if you can find the soundbar for less than £999 to reduce your claim if possible. 

If you paid by credit card (or on other types of credit) then the credit provider has the same liability as the retailer (if you paid by debit card then chargeback rules are different, if you paid with one of these 3 monthly companies I don't think they have the liability but not 100% sure). 

I would compose an email considering the above and give them 28 days to provide the sound bar otherwise you'll be seeking a price reduction for it's value. Legislation covering all this is detailed below:


https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(7)A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).

(8)In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.

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

Right to price reduction or final right to reject

(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.

(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.

MattMattMattUK

Just to double check, what does your order/invoice say?

Looking at the Robert Dyas website this promotion was offered in two different ways, one was a TV+Soundbar bundle, the other was a TV with a free soundbar, which was a subject to availability manufacturer promotion. The former is a very different position to the latter. 

Ergates

Flyerfinn said:

The sound bars are in stock for delivery if I want to buy one apparently- this did make me chuckle at the cheek of it.

As you've seen though - just because their website lists something as in stock doesn't mean it is.

the_lunatic_is_in_my_head

MattMattMattUK said:

Just to double check, what does your order/invoice say?

Looking at the Robert Dyas website this promotion was offered in two different ways, one was a TV+Soundbar bundle, the other was a TV with a free soundbar, which was a subject to availability manufacturer promotion. The former is a very different position to the latter. 

https://www.robertdyas.co.uk/catalogsearch/result/?q=+Samsung+Terrace++tv

All Samsung Terrace TVs comes with a free of charge Terrace Soundbar (SRP £999) valid until the 28th June 2022.

Probably missing it but can't see where it says subject to availability? 

Flyerfinn

I can’t see the subject to availability either, that’s my order confirmation