Being charged to return faulty oven

Joedyr2006

The trader is adamant that I must cover the cost of the return. 

They even referred me to section 20 subsection 8 of the consumer rights act. 

The main issue is that I purchased the item with a 5 year warranty and the oven would have been repaired under this warranty but it only has a 2 year warranty. 

That’s false advertising for a start. 

I dont see why I should pay for the return of the oven at £150 when it should have been repaired under the warranty it was sold with. 

What would be my next step?

Okell

Joedyr2006 said:

... They even referred me to section 20 subsection 8 of the consumer rights act...

Hold on.  

s20(8) confirms that the seller must bear the cost of returning the goods - unless you physically collected the goods when you bought them, in which case it's your responsibility to return them, or pay for their return

So was the oven originally delivered to you, or did you go and collect it?

If you collected it, can't you just return it to the seller yourself?

Joedyr2006

Okell said:

Joedyr2006 said:

... They even referred me to section 20 subsection 8 of the consumer rights act...

Hold on.  

s20(8) confirms that the seller must bear the cost of returning the goods - unless you physically collected the goods when you bought them, in which case it's your responsibility to return them, or pay for their return

So was the oven originally delivered to you, or did you go and collect it?

If you collected it, can't you just return it to the seller yourself?

They delivered it to my door. 

user1977

Would it not be much easier for you just to replace the element (assuming the problem is simply that the element is broken)? 

Jumblebumble

Brie said:

Have you checked else where as to whether it can be repaired?  Just because they say they have no parts to fix it doesn't mean the parts don't exist.  

I'm not sure what the point is of returning it in any case.  If they say they can't repair it the only reason for you to return it to them is so they have proof you're serious about what you are claiming.  Otherwise they could simply offer you a partial refund and not need the oven back.  

The point of it being returned  is probably so the company can make  profit on the courier costs
Why else would they insist on their own courier being used to transport a scrap oven

Okell

Joedyr2006 said:

Okell said:

Joedyr2006 said:

... They even referred me to section 20 subsection 8 of the consumer rights act...

Hold on.  

s20(8) confirms that the seller must bear the cost of returning the goods - unless you physically collected the goods when you bought them, in which case it's your responsibility to return them, or pay for their return

So was the oven originally delivered to you, or did you go and collect it?

If you collected it, can't you just return it to the seller yourself?

They delivered it to my door. 

If you don't want to replace the element yourself (and I can understand if you don't want to) and if you don't want to see if anyone else could fix it, go back to the seller and point out to them that the section of the CRA they referred you to actually says that they - not you - have to bear the cost of returning the item.

s20(8) actually says:  "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."  [My bold for emphasis]

See here:  Consumer Rights Act 2015 (legislation.gov.uk)

Of course they might argue that whatever is wrong with it isn't their responsibilty as a trader (it's not clear to me whether you are saying they have accepted liability or not?) but if that's true I don't understand why they are offering you a 70% refund and why they would be referring to s20 of the CRA?

zoob

What make off oven is it and was it bought online? 

ThumbRemote

Something of a tangent to your actual question, which Okell has answered above, but you paid for a product with 5 year warranty and received a product with 2 year warranty. 

You didn't receive what you paid for. 

If you can quantify the cost of the missing three years of warranty, you could seek to claim that back from the retailer. 

There is some guidance in the Consumer Protection from Unfair Trading Regulations which suggests this could be 25% of the original purchase cost. See the right to a discount, section 27I. For reference, the retailer has carried out a misleading action (false information), as per section 5 of the act

photome

Jumblebumble said:

Brie said:

Have you checked else where as to whether it can be repaired?  Just because they say they have no parts to fix it doesn't mean the parts don't exist.  

I'm not sure what the point is of returning it in any case.  If they say they can't repair it the only reason for you to return it to them is so they have proof you're serious about what you are claiming.  Otherwise they could simply offer you a partial refund and not need the oven back.  

The point of it being returned  is probably so the company can make  profit on the courier costs
Why else would they insist on their own courier being used to transport a scrap oven

They don’t insist on you using their courier, email said you could arrange your own courier 

not that I think you should , you have been given lots of advice 

you have been asked what type/model oven , it may be a simple and cheap fix