refund from a business after 5 months. Excercise bike

kittensandmilk

Apologies - this is definitely what the bank said.  Do I need to do anything further at this point?

kittensandmilk

Also, sorry to double post does anyone know when and if I get my money back how long it will likely take as it is stressing me out a lot.

ArbitraryRandom

I'm sorry to hear the bank representative said that to you, it's totally unprofessional for them to behave that way when speaking to a customer (or really anyone who is upset and asking for help IMO). 

That said - focusing on the practical - if you want to push for a s75 claim then you would likely need to make a complaint about the call handler you spoke to (I would make a complaint anyway... but that's me). You can request a copy of the call online here and make a complaint online here (no need to phone anyone!)

Or you could just stick with a chargeback for now and see how that goes. 

They're right that you are only entitled to a portion of your money back - you had the bike and were able to use it for several months, so if you think it should have lasted maybe 4 years (I'm guessing) then you might get 90% of what you paid back (as 5 months is about 10% of 4 years). But if it should only have lasted 2 years then that would be 80% if you see what I mean - you might need to do some research to work out what's a reasonable estimate.

A chargeback can take a few weeks - if it's complicated and the company argue with the bank it could take a few months. Not really much you can do to speed it up other than put together the evidence ready for if it's needed.  

HillStreetBlues

You need to tell them that you are invoking the final right to reject under Consumer Rights Act 2015 Section 24 5a
You are entitled to a full refund, they are not allowed to make a deduction for usage. Section 24 10
https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

ArbitraryRandom

HillStreetBlues said:

You need to tell them that you are invoking the final right to reject under Consumer Rights Act 2015 Section 24 5a
You are entitled to a full refund, they are not allowed to make a deduction for usage. Section 24 10
https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Sorry, HSB is entirely correct - I blanked that 5 months is not 6 months... 

pinkshoes

I would also recommend taking a video of you using the equipment and the screen failing.

It's up to them to prove it wasn't faulty but as they're being awkward I'd just make an evidence video as back up!

Jonboy_1984

kittensandmilk said:

Also, sorry to double post does anyone know when and if I get my money back how long it will likely take as it is stressing me out a lot.

For a chargeback the bank will normally refund it straight away** by withdrawing the funds from the supplier, BUT they then give the supplier a window of around 28 days to state their case and prove they have operated correctly (note correctly doesn’t always feel “fair” to the consumer in these situations).

If the supplier ticks all the correct compliance boxes then the bank will take the funds back from you and return them to the supplier. They will return the funds even if doing so will take you over any agreed credit limit (or into unauthorised overdraft on a debit card chargeback) so don’t spend the funds until you get written confirmation from the bank that the chargeback is final.


**they may also simply suspend the transaction and hold the funds in limbo during this period without you paying interest on a cc.


P.s. There isn’t much to be gained by getting stressed out about it, you are following a process and have no control or influence until it is concluded.

ArbitraryRandom

Jonboy_1984 said:

P.s. There isn’t much to be gained by getting stressed out about it, you are following a process and have no control or influence until it is concluded.

Not to speak for the OP, but she likely feels stressed or anxious dealing with conflict or new social situations because of her ASD. It's not something she can just 'get over,' as it's part of how her brain works (clinically). 

Comments like 'pull it together' from the customer service rep or suggesting it's something she should just not do don't really help, and they can actually make things more difficult for her as they add an extra social stress she needs to process or mask somewhere she should feel safe expressing herself. 

the_lunatic_is_in_my_head

Apologies @ArbitraryRandom I missed you tagged me on this one  

OP your best bet IMHO is to raise an official complaint with the Halifax. 

https://www.halifax.co.uk/contactus/how-to-complain/complain-online.html

I'd pick "I wasn’t distressed or inconvenienced but was impacted financially"

I know you are upset and have been inconvenienced but the choices refer to the actions of the Halifax rather than the whole situation

And further down pick "credit card" and "disputing a transaction".

In the box for your comment I would write (please check for typos etc). 

-------------------------------------------------------------------------------------------------------------------------------------

Dear Halifax

On (date) I purchased an exercise bike from (company), on (date) there was an issue with the product and the company conducted a remedy of a repair. On (date) a further issue occurred and I attempted to resolve this with the company by requesting a refund but they refused this request and insisted upon another repair.

As per paragraph 5 of Section 24 of the Consumer Rights Act (CRA) I am entitled to exercise the final right to reject the goods after one failed repair attempt.

I have reach a stalemate with the company by taking this position so have turned to yourself for assistance under Section 75 of the Consumer Credit Act. The colleague I spoke with advised I may not receive a full refund but one with a deduction for use.

The purpose of this complaint is to formally exercise my final right to reject the goods with the Halifax, as it has been less than 6 months as per paragraph 10 of Section 4 of the CRA a full refund is due. 

The colleague I spoke with mentioned performing a chargeback first, which you may do, however if your processes drag this matter beyond the 6 month mark I wish it to be formally noted that the 6 month timeframe is based upon the time the consumer exercise the final right to reject, as I have now done so. 

As you are jointly liable for the the goods not conforming to the contract I wish to seek recourse against yourself rather than the trader. 

In addition, as per paragraph 14 of section 19 of the CRA goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

If you wish to inspect the goods to demonstrate otherwise that is of course your prerogative, however I note now that it is not my obligation to prove that they do not confirm.

I request that your department now handle this matter until it's satisfactory conclusion.

Thank you in advance,
Sincerely, 
kittensandmilk

born_again

For a start there is no chargeback in this case.
If they think there is than let them action one. When that fails they can do a S75 claim.

Sounds like you were speaking to a front line call center member, who only get the basics & think they have picked up more knowledge after hearing someone say something. But do not know the full facts, so get it totally wrong...
Had to deal with more complaints due to such bad staff, as other complaints.

S75 can take months.