refund from a business after 5 months. Excercise bike

ArbitraryRandom

Agreed with above, the next step is to take the email you have received from the company and contact your card issuer for a statutory refund - providing the email as proof that you have tried to resolve the issue with the trader in the first instance. 

The payment will not come from the trader, but the card issuer will note the issue and if they see a pattern it may impact on the traders ability to take card payments in the future (paying a higher fee or services being restricted/removed etc). 

None of that should come back on you. 

That said I don't think it's at all likely but - if at any point they make threats or you feel unsafe - you should contact the police to report it. 

kittensandmilk

Alderbank said:

Ignore their points b and c. Their opinions have no relevance.

The issue seems to be about the screen display. You say it is OK at first but 'fails' after 20-30 minutes.
They seem to be saying that it is a minor cosmetic change which does not affect your use or enjoyment of the machine.

Can you explain what actually happens, possibly with a picture?
Even when it fails after 20-30 minutes can you still read the numbers on the display?

Hello,

Apologies I should have been more clear. The unit has a built in "TV" screen to it, which can be used to watched netflix etc. Basically a built in android tablet.  After 20 minutes the screen flickers and then turns off, sometimes with a blue line down it.

kittensandmilk

Hello everyone,

I just got off the phone with them and they told me they wouldn't budge and I could take or leave a replacement.  Should I send a recorded letter via royal mail or will email suffice?

Many thanks,

Cat

ArbitraryRandom

kittensandmilk said:

Hello everyone,

I just got off the phone with them and they told me they wouldn't budge and I could take or leave a replacement.  Should I send a recorded letter via royal mail or will email suffice?

Many thanks,

Cat

Email is fine (and keeps everything together). 

Do you want help with your draft or are you okay with what you want to say? Because I'd suggest you don't actually need to go back to them at this point - you can take their last email to your card issuer without needing to tell them that's what you're doing. 

kittensandmilk

ArbitraryRandom said:

kittensandmilk said:

Hello everyone,

I just got off the phone with them and they told me they wouldn't budge and I could take or leave a replacement.  Should I send a recorded letter via royal mail or will email suffice?

Many thanks,

Cat

Email is fine (and keeps everything together). 

Do you want help with your draft or are you okay with what you want to say? Because I'd suggest you don't actually need to go back to them at this point - you can take their last email to your card issuer without needing to tell them that's what you're doing. 

Hello, 

Thank you for the offer.  To be honest I would like help with the draft.  Seeing as they are (likely) going to be coming to collect it from my house at one point or another it seems best to keep it civil in my opinion.

Many thanks for the help, I feel like they are just trying to take advantage of me because I have ASD

Thanks,

Cat

ArbitraryRandom

EDIT: please don't send until other (less grumpy and more sensible) posters on here have had a chance to comment on the draft! @the_lunatic_is_in_my_head  maybe?

If you WANT to go back to them (again, you don't have to), then I would write something like: 

Dear (seller name), 

To recap the situation:
- The initial purchase took place on (Date), with delivery on (Date)
- I promptly notified you of a faulty display on (Date).
- Subsequently, you provided a replacement bike of the same make and model on (Date_.
- Unfortunately, the replacement bike exhibited the same issue on (Date).

As per the Consumer Credit Act 2015, consumers have the right to receive goods of satisfactory quality and free from defects. The Consumer Credit Act 2015 allows for one attempt at repair or replacement, and you have already attempted to rectify the situation by providing a replacement. 

As such, I notified you I was formally rejecting the faulty bike on (Date).

Your response was to refuse to accept my rejection in your email dated (Date) and to repeat that refusal in our phone conversation on (Date). 

Assuming my understanding of the above is accurate, my next step will be to contact my card issuer and seek a refund via Section 75 of the Consumer Credit Act 1974. 

If my understanding of the above is somehow mistaken, please accept my apology for the confusion and advise when you would intend to collect your faulty bike and arrange for my refund. Your prompt attention to this matter is appreciated, as I aim to resolve this situation amicably.

Kind Regards, 

(Cat)

And if you feel uncomfortable, you could ask a neighbour or friend to be at your house for a coffee when they're due to collect? 

kittensandmilk

ArbitraryRandom said:

EDIT: please don't send until other (less grumpy and more sensible) posters on here have had a chance to comment on the draft! @the_lunatic_is_in_my_head  maybe?

If you WANT to go back to them (again, you don't have to), then I would write something like: 

Dear (seller name), 

To recap the situation:
- The initial purchase took place on (Date), with delivery on (Date)
- I promptly notified you of a faulty display on (Date).
- Subsequently, you provided a replacement bike of the same make and model on (Date_.
- Unfortunately, the replacement bike exhibited the same issue on (Date).

As per the Consumer Credit Act 2015, consumers have the right to receive goods of satisfactory quality and free from defects. The Consumer Credit Act 2015 allows for one attempt at repair or replacement, and you have already attempted to rectify the situation by providing a replacement. 

As such, I notified you I was formally rejecting the faulty bike on (Date).

Your response was to refuse to accept my rejection in your email dated (Date) and to repeat that refusal in our phone conversation on (Date). 

Assuming my understanding of the above is accurate, my next step will be to contact my card issuer and seek a refund via Section 75 of the Consumer Credit Act 1974. 

If my understanding of the above is somehow mistaken, please accept my apology for the confusion and advise when you would intend to collect your faulty bike and arrange for my refund. Your prompt attention to this matter is appreciated, as I aim to resolve this situation amicably.

Kind Regards, 

(Cat)

And if you feel uncomfortable, you could ask a neighbour or friend to be at your house for a coffee when they're due to collect? 

Thank you for this.

Although not directly related to my issue, does it have to be the same fault each time.  For example, say the first time a wheel fell off and the second time the motor died, even those these are different issues is the seller still only allowed one attempt to repair, or can they have a second attempt because a different fault occurred?

also tomorrow I shall contact the seller.

Thanks.

ArbitraryRandom

No, doesn't have to be the same issue. 

Not relevant to your situation, but if they were saying it wasn't actually faulty (it was your misuse) then it being the same problem in two different bikes adds weight to the argument it is an inherent issue with how the bikes are manufactured. 

If it was two different problems then you might have needed to pay for an independent engineer to say it's bad construction or materials in both cases if you see what I mean? 

kittensandmilk

Hello,

I hope you are all well.

The company have still refused to refund me.  I contacted my credit card provided and asked to do a section 75.  They told me no I could only do a charge back as they are only allowed to use section 75  if a charge back fails, is this correct?

Also my card provider  told me that because it has been 5 months since I purchased the item I would be unlikely to be refunded and also may only receive a percentage of my money back.

On the call I got really upset and started crying (I struggle to speak clearly on the phone, my bank knows I was diagnosed with aspergers when I was a child because I provided this information to them when I opened the account).

I asked if I could write down the information and send it to the bank but they told me no, they told me to "pull myself together and just sort it over the phone as we were nearly done" and sort it out.

I feel really bad now and have pretty much given up.

It feels like the bank doesn't want to help me (although they have started the charge back process) 

What do I need to do now?  

Does anyone know how long it will take for me to get my money back once the process has started?

Many thanks,

Cat

HillStreetBlues

kittensandmilk said:

The company have still refused to refund me.  I contacted my credit card provided and asked to do a section 75.  They told me no I could only do a charge back as they are only allowed to use section 75  if a charge back fails, is this correct?

Total Bull.  S75 is a legal right. the credit card company may want you to do a chargeback (they don't pay for that,  but they incurred the cost of a S75 ) but you can refuse.
Sometimes it's good practice to do a Chargeback first, but that doesn't have to be done.