Could we claim a refund or reduction if a repair or replacement is not possible?

the_lunatic_is_in_my_head

HillStreetBlues said:

@the_lunatic_is_in_my_head

Why I think the retailer can chose.
It's is disproportionate compared to giving a full refund.

That's correct but isn't a blanket get out clause giving the trader a choice, as if it were the right to repair/replacement would be academic, a claim of disproportionate must be factual. That said it is in part academic because there is no punishment for the trader not fulfilling their obligation, the consumer simply moves on to the next step in the regs. 

As I've said before I doubt many of these threads result in small claims so it's basically a negotiation between the consumer and the trader, presenting yourself as someone aware of your rights is my view more likely to achieve success, If someone comes here to say their laptop has a problem and they want it fixed but the trader is offering a refund 3 things could happen

Scenario 1

They are told it's the trader's choice, go away thinking that's correct and sort of get their problem resolved but not in the way they wish.

Scenario 2

They are correctly told there is the right of repair/replace so go back to the trader to assert their rights, the trader has an epiphany*, complies with the legislation and repairs the laptop.

* more likely they know their obligations and when faced with a customer who also knows them they'd find it easier to do as they should rather than have a thorn in their side.

Scenario 3

As per 2 but the trader still won't repair so they are correctly told they now have the final right to reject for a refund or a price reduction (the reduction is rarely mentioned by anyone else) and so they get it repaired themselves and seek the cost as a price reduction. 

If in scenario 2 the trader advised the customer they feel it is disproportionate that would either be true or false, neither of which makes any difference really as you'd move on to 3. Ultimately were it not to be true then I guess the trader does have a choice, one of being untruthful   

the_lunatic_is_in_my_head

iandv said:

Thanks - would I be within my rights to ask for a full or near enough to a full refund and retain the goods and try and source the part to fix as the retailer cannot repair or replace it?

The issue with getting a refund and sending the item back is that the item was bought during their sale period at a great reduction - similar size hot tubs form the retailer are now £600 more and they have said they will not be able to replace it with these as they are from another manufacturer - so if I had a full refund and sent the item back I would be left not being able to a purchase a new one given the cost uplift 

It sounds as if it was an end of line type of product and saving the £600 is kind of off set by facing these kinds of problems.

You have the choice to reject for the full refund or accept their offer which is pretty much in accordance with your rights.

You could ask them to order to part and have it sent to you, meaning they are responsible for it's safe delivery and that fact it works, etc (I wouldn't mention the reasons why when asking the question).

You could haggle with them and ask for extra as goodwill (although no entitlement).

Or you could reject and buy the exact same hot tub somewhere else and seek a claim for loss of a bargain were it cost to more but that is likely to be more of a headache than it's worth if the replacement part isn't indictive of other problems being linked to it in the future. 

MattMattMattUK

iandv said:

Thanks - would I be within my rights to ask for a full or near enough to a full refund and retain the goods and try and source the part to fix as the retailer cannot repair or replace it?

That would be called having your cake and eating it, in short, no.

Why not just buy the part and have them reimburse you, surely that is what any normal person would do?

iandv said:

The issue with getting a refund and sending the item back is that the item was bought during their sale period at a great reduction - similar size hot tubs form the retailer are now £600 more and they have said they will not be able to replace it with these as they are from another manufacturer - so if I had a full refund and sent the item back I would be left not being able to a purchase a new one given the cost uplift 

That is irrelevant when it comes to consumer rights.