Failure to collect faulty goods

Hoofer

Hi

I'm looking for advice regarding the return of faulty goods purchase online from a UK business.

I purchased a high value computer from Dell recently which proved to be faulty out of the box. After a little bit of difficulty Dell agreed to the return of the computer and to refund.

I had to wait in for two full days (Friday last week and now today Monday) after been promised collection on both days. Dell would offer no reason why the two collection didn't go ahead but won't refund the £2970 I spent until after the computer arrives back with them.

I can't keep waiting all day for a collection and understandably want my money back as soon as possible. Can anyone suggest what I might do or what legal option I might have please.

Jenni_D

How did you pay for the computer? (Debit card? Credit card? Other?)

Hoofer

Hi, I paid via PayPal and have already raised a dispute with them but it will take around 5 days before PayPal will review and around another 2 weeks before they would consider action.

Dexterdobree

Are you able to get them to supply a pre-paid postage label and post it to them via for example a post office 

user1977

Or just pay for the return yourself and add to the amount they owe you.

Hoofer

Thank you for the suggestion.

I did consider that possibility but it is a very heavy gaming PC in a large box. That combined with a recent hernia repair makes that option a no-go for me.

ElefantEd

Also paying for the return yourself would mean any risks remain with you - if it gets lost or damaged for example you would be liable to sort it out and potentially have to cover the value. Whereas if their agent picks it up, or you use their return label, the risk is their's.

Okell

Hoofer said:

Hi

I'm looking for advice regarding the return of faulty goods purchase online from a UK business.

I purchased a high value computer from Dell recently which proved to be faulty out of the box. After a little bit of difficulty Dell agreed to the return of the computer and to refund.

I had to wait in for two full days (Friday last week and now today Monday) after been promised collection on both days. Dell would offer no reason why the two collection didn't go ahead but won't refund the £2970 I spent until after the computer arrives back with them.

I can't keep waiting all day for a collection and understandably want my money back as soon as possible. Can anyone suggest what I might do or what legal option I might have please.

Assuming you are a "consumer" and that you are rejecting the computer under your statutory rights, then s20(15) of the Consumer Rights Act 2015 (legislation.gov.uk) says:

"A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund"  [My bold]

So the law says that if you rejected the goods because they are faulty, and Dell have agreed that they will refund you, then you are entitled to be paid your refund within 14 days of Dell agreeing you are entitled to one*.

 The law doesn't say that they can wait until they get the goods back before refunding you...

I would point out the law to them.  I'd also tell them that if they fail to pick it up again on the third attempt, you'll be claiming lost wages from them


*Of course, if you did not make it clear to Dell that you were returning the computer because it was faulty (perhaps you were simply returning it under their own returns policy rather than exercising your statutory rights?) then s20(15) may not apply

Jenni_D

It may be a conditional refund on the basis of Dell confirming the fault, hence why they want the PC back first.  

Jonboy_1984

user1977 said:

Or just pay for the return yourself and add to the amount they owe you.

Last set of PC's I had from Dell came from Poland...which would throw customs paperwork etc into the mix for a self funded return.

Okell

Jenni_D said:

It may be a conditional refund on the basis of Dell confirming the fault, hence why they want the PC back first.  

You mean another OP who misses out important pieces of information?   

Surely not!