Faulty Product - LLoyds Pharmacy ignoring contact

sheramber

SavvySaver24 said:

I bought it online not in store.

I phoned the bank who told me because it wasn't immediately faulty I can't do a chargeback? Is this true?

They also told me I should contact the manufacturer for a refund not Lloyd's - i tried to explain that seems bonkers as the manufacturer isn't the one who took the money from me. But that's why I'm doubting if what she told me about the chargeback is even true?

It is worth contacting the manufacturer since you are getting nowhere with LLoyds Online.

Or visit the nearest store. 

Or send a complaint to their head office.

Manxman_in_exile

born_again said:

SavvySaver24 said:

I bought it online not in store.

I phoned the bank who told me because it wasn't immediately faulty I can't do a chargeback? Is this true?

They also told me I should contact the manufacturer for a refund not Lloyd's - i tried to explain that seems bonkers as the manufacturer isn't the one who took the money from me. But that's why I'm doubting if what she told me about the chargeback is even true?

As I said @ 18 April at 1:10PM
It is correct.

[@born_again -  Sorry, I'm not having a dig at you personally, I'm trying to understand chargeback better]


So - I continue to learn about about how chargebacks work...

Just to make sure I've got this right, a consumer wouldn't have a chargeback claim upheld by their bank if whatever they'd bought worked OK on delivery, but developed a fault 90 days later without the consumer having misused it?  Even though that would be both a breach of contract terms implied by the CRA and within 120 days?

What's the point of the 120 day time limit then?

If it is the case that chargeback can't be applied for faults that "develop later" (but within 120 days) then the MSE team might want to review the site guidance on chargeback as I don't think it makes that point clear.  Among other things it says:

"The main requirement for getting your money back through chargeback is evidence that there's been a breach of contract (for example, you didn't get what you paid for) and the firm will not give you a refund..." [my bold]

and

"If the quality of an item is in question – the goods were not as described or were defective..." [my bold]

Debit & credit card chargeback: protection on faulty goods - MSE (moneysavingexpert.com)

When I read that it's not clear to me that the "breach of contract" and "were defective" only apply to the moment of delivery and can't be retrospective.

If the CRA deems any faults or defects that develop within the first 6 months as having been present "at delivery" - and therefore a breach of the contractual terms implied by the legislation - then I think it becomes very confusing if the chargeback rules apply a different definitions of "breach of contract" and what present at delivery means. 

the_lunatic_is_in_my_head

OP you have several options:

1) Return to store (they may advise they can't deal with it as although their site does mention returns to stores it says within 30 days for change of mind and the store might not know how to handle returns after this kind of timeframe)

2) If there is a warranty contact the manufacturer, they may require it to be dealt with via the retailer or they might have their own in house procedures.

3) If you don't wish to use those options, send another email stating that as they haven't replied to your contact from March you are "exercising your final right to reject the goods as they do not conform to the contract". You are best suited to do this within 6 months of purchase as it will be taken the goods do not conform (i.e have a problem) and down to the retailer to show otherwise. 

If this doesn't get a response you'd have to send a letter before action (templates on Google) which is always worth doing as it only costs a stamp and then finally you'd have to consider whether to go via small claims. 

If you require help with the wording for the email or letter before action feel free to ask  

Lloyds Pharmacy was sold to a private equity firm a year ago and there was recent news articles about them closing stores, perhaps they have been cutting back on customer service as well.... 

eskbanker

Manxman_in_exile said:

born_again said:

SavvySaver24 said:

I bought it online not in store.

I phoned the bank who told me because it wasn't immediately faulty I can't do a chargeback? Is this true?

They also told me I should contact the manufacturer for a refund not Lloyd's - i tried to explain that seems bonkers as the manufacturer isn't the one who took the money from me. But that's why I'm doubting if what she told me about the chargeback is even true?

As I said @ 18 April at 1:10PM
It is correct.

[@born_again -  Sorry, I'm not having a dig at you personally, I'm trying to understand chargeback better]


So - I continue to learn about about how chargebacks work...

Just to make sure I've got this right, a consumer wouldn't have a chargeback claim upheld by their bank if whatever they'd bought worked OK on delivery, but developed a fault 90 days later without the consumer having misused it?  Even though that would be both a breach of contract terms implied by the CRA and within 120 days?

What's the point of the 120 day time limit then?

If it is the case that chargeback can't be applied for faults that "develop later" (but within 120 days) then the MSE team might want to review the site guidance on chargeback as I don't think it makes that point clear.  Among other things it says:

"The main requirement for getting your money back through chargeback is evidence that there's been a breach of contract (for example, you didn't get what you paid for) and the firm will not give you a refund..." [my bold]

and

"If the quality of an item is in question – the goods were not as described or were defective..." [my bold]

Debit & credit card chargeback: protection on faulty goods - MSE (moneysavingexpert.com)

When I read that it's not clear to me that the "breach of contract" and "were defective" only apply to the moment of delivery and can't be retrospective.

If the CRA deems any faults or defects that develop within the first 6 months as having been present "at delivery" - and therefore a breach of the contractual terms implied by the legislation - then I think it becomes very confusing if the chargeback rules apply a different definitions of "breach of contract" and what present at delivery means. 

I can see your point about the wording of the MSE article, in that it ought to be clearer that chargeback doesn't apply to any breach of contract but is a non-statutory scheme with rules written and controlled by the card companies, who can therefore pick and choose which scenarios they're willing to cover.  In particular, my understanding is that the chargeback rules are effectively independent of any legal jurisdiction, rather than being aligned to consumer legislation in any specific territory, so there's no direct correlation with 'UK' (or any other) consumer law....

born_again

Manxman_in_exile said:

born_again said:

SavvySaver24 said:

I bought it online not in store.

I phoned the bank who told me because it wasn't immediately faulty I can't do a chargeback? Is this true?

They also told me I should contact the manufacturer for a refund not Lloyd's - i tried to explain that seems bonkers as the manufacturer isn't the one who took the money from me. But that's why I'm doubting if what she told me about the chargeback is even true?

As I said @ 18 April at 1:10PM
It is correct.

[@born_again -  Sorry, I'm not having a dig at you personally, I'm trying to understand chargeback better]


So - I continue to learn about about how chargebacks work...

Just to make sure I've got this right, a consumer wouldn't have a chargeback claim upheld by their bank if whatever they'd bought worked OK on delivery, but developed a fault 90 days later without the consumer having misused it?  Even though that would be both a breach of contract terms implied by the CRA and within 120 days?

What's the point of the 120 day time limit then?

If it is the case that chargeback can't be applied for faults that "develop later" (but within 120 days) then the MSE team might want to review the site guidance on chargeback as I don't think it makes that point clear.  Among other things it says:

"The main requirement for getting your money back through chargeback is evidence that there's been a breach of contract (for example, you didn't get what you paid for) and the firm will not give you a refund..." [my bold]

and

"If the quality of an item is in question – the goods were not as described or were defective..." [my bold]

Debit & credit card chargeback: protection on faulty goods - MSE (moneysavingexpert.com)

When I read that it's not clear to me that the "breach of contract" and "were defective" only apply to the moment of delivery and can't be retrospective.

If the CRA deems any faults or defects that develop within the first 6 months as having been present "at delivery" - and therefore a breach of the contractual terms implied by the legislation - then I think it becomes very confusing if the chargeback rules apply a different definitions of "breach of contract" and what present at delivery means. 

You have to remember chargebacks have no bearing on your consumer rights.

They are extra protection via the card providers. So it makes sense that they do not cover devolving faults, as that would require customer to get a report to prove issue. Chargebacks only get you debited amount back, no more.

TBF, this is one of a few that the120 days does not apply.

Interesting that the MSE link on mentions faulty once..

You typically have up to 120 days to get your claim in 

Broken goods. You buy a bicycle and take it for a first spin two weeks later only to discover its brakes are faulty – and the retailer won't help sort it. The deadline starts from the date you bought it.

But the title of that section does not say 120 days.

Some claims CAN be made after 120 days, but the longest cut-off period is 540 days from the date of the initial transaction.

So the line above is also not clear, as it makes no mention that it only relates to future dated purchases, such as holidays etc.

No worry to mention digs, I know you arn't 👍

Manxman_in_exile

@born_again -  Thanks

We also know that the following specific example from the MSE guide is also misleading in that you can't get a chargeback - even in respect of an item you've paid for but haven't received - if the reason you haven't received it is because it's been delivered to the wrong address...

"The main requirement for getting your money back through chargeback is evidence that there's been a breach of contract (for example, you didn't get what you paid for) and the firm will not give you a refund..." [my bold]

debbie6899

have you followed the procedure on here? Used this info? 

https://cdn.shopify.com/s/files/1/0257/1046/0991/files/Returns-policy-extended.pdf?v=1606725283

sheramber

debbie6899 said:

have you followed the procedure on here? Used this info? 

https://cdn.shopify.com/s/files/1/0257/1046/0991/files/Returns-policy-extended.pdf?v=1606725283

That is for change of mind returns within 28 days.

For  faulty items you have to phone for details about returning.