refund from a business after 5 months. Excercise bike

kittensandmilk

born_again said:

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.

Wow thanks for all the help everyone.

@born again just one question, why would the charge back fail in this case? 

Many thanks,

Cat

born_again

You would have to go down faulty route, & it was never faulty from the start. Which is the crux of the matter. On going faults not present at time of delivery are not covered.
So if they want to try one. add in that item should be back with retailer, unless they have said will not take back in writing.
Unless retailer does not contest, then you win by default. But retailer can still go legal for the funds (would they, given the issues, as that would be your line of defence)
So S75 in reality is going to be the way forward. But may just be getting cash back, unless you could find a 3rd party to fix & CC would be happy to pay that instead.

eskbanker

kittensandmilk said:

In September I purchased an exercise bike...

Unless it was in the last week of September (in which case why would the supplier say you've had five months' usage?), the purchase would already be out of time for a chargeback anyway, given the 120 day limit....

Jonboy_1984

ArbitraryRandom said:

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. 

And with over 25 years of dealing with such feelings to the point of regularly  feeling physically ill; not sleeping, anger, emotional outbursts and other related issues when dealing unusual situations(and with a younger sibling that is similar), I personally have found that it is generally better to try and get them under control early in any such process and sometimes even now benefit from someone saying so to remind me....everyone is different and words that might trigger some might help others. 

kittensandmilk

Hi everyone I hope you are well.

  The company contacted me, offering to come and collect the goods and provide a refund.

However since saying that they have not arranged for a driver to turn up or anything further.  Do I need to do anything further at this time?

Many thanks,  CAT

retiredbanker1

kittensandmilk said:

Hi everyone I hope you are well.

  The company contacted me, offering to come and collect the goods and provide a refund.

However since saying that they have not arranged for a driver to turn up or anything further.  Do I need to do anything further at this time?

Many thanks,  CAT

Just send a polite message asking to be informed what time and date they intend to call to collect.
When they do arrive remember to get a receipt for the goods and maybe take a photograph of them removing it.

Okell

Well done for persisting.

When did they contact you to tell you that they would refund you?

I ask because s20(15) of the Consumer Rights Act 2015 (legislation.gov.uk) says that they must pay the refund without undue delay and in any case within 14 days of agreeing that you are entitled to a refund.

You might want to remind them of that provision in the legislation when you contact them to arrange collection...

The point being that irrespective of whether they've collected the exercise bike or not they must refund you within 14 days of telling you that you are entitled to a refund.

If you started a chargeback or s75 claim you'll need to tell your card provider that the seller has changed their mind and is refunding you after all.  (Although you may want to wait until you've received the refund...)

And remember you are entitled to a full refund of everything you paid.  Because it's within 6 months there can't be any deduction for use.

[Edit:  out of curiosity, have you any idea why they changed their mind?  It's always useful to know if any particular tactic or piece of correspondence was successful]

kittensandmilk

Okell said:

Well done for persisting.

When did they contact you to tell you that they would refund you?

I ask because s20(15) of the Consumer Rights Act 2015 (legislation.gov.uk) says that they must pay the refund without undue delay and in any case within 14 days of agreeing that you are entitled to a refund.

You might want to remind them of that provision in the legislation when you contact them to arrange collection...

The point being that irrespective of whether they've collected the exercise bike or not they must refund you within 14 days of telling you that you are entitled to a refund.

If you started a chargeback or s75 claim you'll need to tell your card provider that the seller has changed their mind and is refunding you after all.  (Although you may want to wait until you've received the refund...)

And remember you are entitled to a full refund of everything you paid.  Because it's within 6 months there can't be any deduction for use.

[Edit:  out of curiosity, have you any idea why they changed their mind?  It's always useful to know if any particular tactic or piece of correspondence was successful]

Hello,

Thank you for responding to me.  They rang me out of the blue, I assume maybe the bank contacted them as I had raised a claim with the bank maybe but i'm not too sure,

Many thanks,

Cat

kittensandmilk

hello everyone,

If the company do not come and collect the goods am I still going to be able  to get a refund through the section 75?  I'm worried about contacting my bank and then they cancel the section 75 and I don't get a refund.  But I don't want to be refunded twice (although if I was I would happily pay the bank back)

Many thanks,

Cat

P.S - I read online that if a business agrees to refund you but doesn't a section 75 will refund me in that instance, is this true?

ArbitraryRandom

kittensandmilk said:

hello everyone,

If the company do not come and collect the goods am I still going to be able  to get a refund through the section 75?  I'm worried about contacting my bank and then they cancel the section 75 and I don't get a refund.  But I don't want to be refunded twice (although if I was I would happily pay the bank back)

Many thanks,

Cat

P.S - I read online that if a business agrees to refund you but doesn't a section 75 will refund me in that instance, is this true?

As above, thank you for coming back and updating. I had wondered how you had been getting on with this.

I assume they contacted you by email? So yes, if they said they would collect and refund in writing then that should speed up the claim process. (but just to check, you contacted the bank and they pushed you into starting a charge back, so I don't think you can progress to S75 until that's run it's course). 

If you contact the bank in the meantime, make sure it's clear that the seller hasn't actually collected or refunded as yet... you don't want them closing the claim because they think it's all sorted when it's not