Problems with Fitbit..

Morfx

Good afternoon,

 Trying to cut a long story short...

Fitbit recalled a model of their watch (Ionic)

I had 18 watches from a defunct bootcamp.

5 registered to my Fitbit account (maximum allowed) per Fitbit account.

Called customer services and was told to create different accounts to claim for the remaining 13.

These have all been verified and de-sync'd by Fitbit but they are now refusing to pay because the name on the accounts doesn't match the name on my PayPal account.

Constantly passed from pillar to post 🤷

Looking at over 3K.

Apparently Fitbit have no UK offices, but Fitbit is owned by Google. If I was to file a claim, can I file it Google's address???

Any help muchly appreciated.

TadleyBaggie

Not sure consumer rights exist here, sounds like the devices were bought as part of a business transaction.

MattMattMattUK

Morfx said:

Apparently Fitbit have no UK offices, but Fitbit is owned by Google. If I was to file a claim, can I file it Google's address???

No, you cannot file against a parent company, you would need to file against Fitbit International Limited who are based in Ireland and it would fall under Irish law.

Morfx said:

These have all been verified and de-sync'd by Fitbit but they are now refusing to pay because the name on the accounts doesn't match the name on my PayPal account.

Why do the names not match?

As Tadley mentions, you have Consumer Rights against whoever you bought them from, however as this recall was issued in March 2022 and is voluntary and in addition to your consumer rights I feel that they would be very difficult to enforce in this situation. If you bought from Fitbit direct then again they would fall under Irish law. 

Your best option is to get the issue with account name and Paypal (or bank account) resolved. 

Morfx

MattMattMattUK said:

Morfx said:

Apparently Fitbit have no UK offices, but Fitbit is owned by Google. If I was to file a claim, can I file it Google's address???

No, you cannot file against a parent company, you would need to file against Fitbit International Limited who are based in Ireland and it would fall under Irish law.

Morfx said:

These have all been verified and de-sync'd by Fitbit but they are now refusing to pay because the name on the accounts doesn't match the name on my PayPal account.

Why do the names not match?

As Tadley mentions, you have Consumer Rights against whoever you bought them from, however as this recall was issued in March 2022 and is voluntary and in addition to your consumer rights I feel that they would be very difficult to enforce in this situation. If you bought from Fitbit direct then again they would fall under Irish law. 

Your best option is to get the issue with account name and Paypal (or bank account) resolved. 

Names do not match as I had to create different accounts as advised by customer services via phone as I had already claimed 5 in my name at my address.

5 trying to claim at my mum's address and her name.

5 trying to claim at a friend's address and his name.

3 trying to claim at another friends address and his name.

But I put my PayPal details and my phone number on the claim.

I wouldn't of minded to be fair, if they could still be used, but now the have been de-synced kind of renders them useless. 

MattMattMattUK

Morfx said:

MattMattMattUK said:

Morfx said:

Apparently Fitbit have no UK offices, but Fitbit is owned by Google. If I was to file a claim, can I file it Google's address???

No, you cannot file against a parent company, you would need to file against Fitbit International Limited who are based in Ireland and it would fall under Irish law.

Morfx said:

These have all been verified and de-sync'd by Fitbit but they are now refusing to pay because the name on the accounts doesn't match the name on my PayPal account.

Why do the names not match?

As Tadley mentions, you have Consumer Rights against whoever you bought them from, however as this recall was issued in March 2022 and is voluntary and in addition to your consumer rights I feel that they would be very difficult to enforce in this situation. If you bought from Fitbit direct then again they would fall under Irish law. 

Your best option is to get the issue with account name and Paypal (or bank account) resolved. 

Names do not match as I had to create different accounts as advised by customer services via phone as I had already claimed 5 in my name at my address.

5 trying to claim at my mum's address and her name.

5 trying to claim at a friend's address and his name.

3 trying to claim at another friends address and his name.

But I put my PayPal details and my phone number on the claim.

I wouldn't of minded to be fair, if they could still be used, but now the have been de-synced kind of renders them useless. 

Can you not put your mum's and friend's bank account details and have them transfer you the money?

Also, for clarity, was this a consumer purchase as you mention a bootcamp, from the sound of this it sounds like it may have been a business purchase?

Morfx

I didn't think I needed put anyone elses payment details in. Was only asked if I want card or PayPal payment, I chose PayPal and it asked for an PayPal email to send the funds to..  that's it.. no mention of it had to be their personal account.

Surely this can be changed from Fitbits end. Trying to contact them is a nightmare, You phone them, they escalate the issue, wait a month for a reply..  etc

For clarity, bought the watches second hand for a bootcamp with friends, wasn't a business, Facebook and eBay purchases over roughly 2 years.

MattMattMattUK

Morfx said:

I didn't think I needed put anyone elses payment details in. Was only asked if I want card or PayPal payment, I chose PayPal and it asked for an PayPal email to send the funds to..  that's it.. no mention of it had to be their personal account.

Surely this can be changed from Fitbits end. Trying to contact them is a nightmare, You phone them, they escalate the issue, wait a month for a reply..  etc

For clarity, bought the watches second hand for a bootcamp with friends, wasn't a business, Facebook and eBay purchases over roughly 2 years.

Second hand unfortunately means that you have no consumer rights at all. I think the best way is to try and get your mother and friends to agree to receive the payments, other than that it would be an unfortunate dead end.

Morfx

MattMattMattUK said:

Morfx said:

I didn't think I needed put anyone elses payment details in. Was only asked if I want card or PayPal payment, I chose PayPal and it asked for an PayPal email to send the funds to..  that's it.. no mention of it had to be their personal account.

Surely this can be changed from Fitbits end. Trying to contact them is a nightmare, You phone them, they escalate the issue, wait a month for a reply..  etc

For clarity, bought the watches second hand for a bootcamp with friends, wasn't a business, Facebook and eBay purchases over roughly 2 years.

Second hand unfortunately means that you have no consumer rights at all. I think the best way is to try and get your mother and friends to agree to receive the payments, other than that it would be an unfortunate dead end.

This is where I think you could be wrong.

"The contract" is allowing Fitbit to block the syncing and dispose of the watch for an amount of money. Terms I had to agree with before the de-syncd the watch.

That's the point the contract is made... ? Correct??

Morfx

Please see attached confirmation email.. 

MattMattMattUK

Morfx said:

MattMattMattUK said:

Morfx said:

I didn't think I needed put anyone elses payment details in. Was only asked if I want card or PayPal payment, I chose PayPal and it asked for an PayPal email to send the funds to..  that's it.. no mention of it had to be their personal account.

Surely this can be changed from Fitbits end. Trying to contact them is a nightmare, You phone them, they escalate the issue, wait a month for a reply..  etc

For clarity, bought the watches second hand for a bootcamp with friends, wasn't a business, Facebook and eBay purchases over roughly 2 years.

Second hand unfortunately means that you have no consumer rights at all. I think the best way is to try and get your mother and friends to agree to receive the payments, other than that it would be an unfortunate dead end.

This is where I think you could be wrong.

"The contract" is allowing Fitbit to block the syncing and dispose of the watch for an amount of money. Terms I had to agree with before the de-syncd the watch.

That's the point the contract is made... ? Correct??

Contract law is not consumer rights law, consumer rights law requires you to purchase the item and applies against the company you purchased it from provided that entity was a business. 

As with everything, terms and conditions apply, what is in the terms and conditions? Unfortunately that would also be governed by Irish law. 

Morfx

Maybe I'm posting in the wrong section?

Basically these watches were recalled dude to an exploding battery issue.

If you agree to have your watch de-synced and you will dispose off it, Fitbit agree to pay you a certain amount.

I've agreed to that, they have de-sync'd the watch... Now not paying up... Where can I turn?