Reject a item you believe is faulty

CAJB

Hello, is there a template I can use for rejecting and item that you cannot get to work correctly and the seller is saying there is nothing wrong.  They have had it back for testing, and sent it back to me, I have done everything they asked but its still not working so have sent it back again.  I need to reject the item and try to get my money back but they are refusing.  I think it has now been over 6 months but the problems arised within the first month.

DullGreyGuy

Template letters, in my opinion, are generally a bad idea. They are often full of amateur legalese that you don't understand so cannot deal with their challenges and isn't always correct. For those that know what they are doing it also gets peoples backs up and are a lot less likely to get a sympathetic response. 

Presumably the seller is a business, this isn't a private sale off of eBay or similar?

Ultimately you need to advise them that the item still isn't working and as such you are reject it for a refund as they have attempted to get it to work once and its still having the same problems. Clearly if they maintain its user error rather than a fault you are then in the territory of getting an engineers report to confirm its faulty and submit that to them asking for a refund inc the engineers report and if they still refuse consider using Money Claim Online 

CAJB

DullGreyGuy said:

Template letters, in my opinion, are generally a bad idea. They are often full of amateur legalese that you don't understand so cannot deal with their challenges and isn't always correct. For those that know what they are doing it also gets peoples backs up and are a lot less likely to get a sympathetic response. 

Presumably the seller is a business, this isn't a private sale off of eBay or similar?

Ultimately you need to advise them that the item still isn't working and as such you are reject it for a refund as they have attempted to get it to work once and its still having the same problems. Clearly if they maintain its user error rather than a fault you are then in the territory of getting an engineers report to confirm its faulty and submit that to them asking for a refund inc the engineers report and if they still refuse consider using Money Claim Online 

Thank you very much for your reply.  No its not eBay.  Its a specialist piece of equipment and for this reason unfortunately the cost of an engineer to look at it would unlikely be viable due to the cost of such.  Such a shame to lose so much money as a consumer I never though this could happen.  Losing very hard earn cash.  Again thanks for your comment, I really do appreciate it.  People on this board helping others is really great.

DullGreyGuy

Ultimately if you paid by card you put a chargeback through and see if your bank will support it... just be aware that it doesn't solve the underlying issue and there are cases of people winning a chargeback and then being sued by the merchant. If they currently hold the product they have less of a leg to stand on but they may send it back to you again and then issue the proceedings. 

CAJB

DullGreyGuy said:

Ultimately if you paid by card you put a chargeback through and see if your bank will support it... just be aware that it doesn't solve the underlying issue and there are cases of people winning a chargeback and then being sued by the merchant. If they currently hold the product they have less of a leg to stand on but they may send it back to you again and then issue the proceedings. 

Transfer unfortunately.  Perhaps I need just to accept the loss.  They have offered 50% but say they only took it back as they thought I had accepted it.  Its useless equipment to me to be honest.  I cant imagine a judge would rule my loss but along with my health I don't think I have everything exactly in place to prove it, other that email exchanges etc etc.  I have a few videos but I can see they would still say I didnt do this properly etc etc.  I wish I had documented it from the start but I never imagined it would come to this.
This has been going on for 6 months and just over now, its insane.  I cant believe a company can treat customers so badly. 

Thanks again so much for your help

DullGreyGuy

Depending on the size of the company, not many cases get to court. I had an issue with JL, I was claiming about £1,800 and the best offer from their executive complaints team was about £450. I submitted a claim via MCOL, their chosen law firm contacted me a few weeks later, came back offering the £1,800 to which I said no as now had court fees, they came back 15 minutes later and offered the £1,800 + court fees. Received the monies about 4 days later and discontinued the action. 

RumRat

You haven't said the value or what the item is?? Name and shame the company, it may save others having the same problems.

CAJB

DullGreyGuy said:

Depending on the size of the company, not many cases get to court. I had an issue with JL, I was claiming about £1,800 and the best offer from their executive complaints team was about £450. I submitted a claim via MCOL, their chosen law firm contacted me a few weeks later, came back offering the £1,800 to which I said no as now had court fees, they came back 15 minutes later and offered the £1,800 + court fees. Received the monies about 4 days later and discontinued the action. 

Thanks again.  I will keep it in mind.  I have looked small claims will cost me £455 for the value I wish to claim.  it might be worth it to be honest, then again I will just worry about ending up with nothing or left with something I cannot use.

Thanks RumRat, I would rather not right now but there will be a time for that.

CAJB

I am just reading through this now to see if I think its worth it.

www.moneysavingexpert.com/reclaim/small-claims-court/

cerebus

CAJB said:

DullGreyGuy said:

Depending on the size of the company, not many cases get to court. I had an issue with JL, I was claiming about £1,800 and the best offer from their executive complaints team was about £450. I submitted a claim via MCOL, their chosen law firm contacted me a few weeks later, came back offering the £1,800 to which I said no as now had court fees, they came back 15 minutes later and offered the £1,800 + court fees. Received the monies about 4 days later and discontinued the action. 

Thanks again.  I will keep it in mind.  I have looked small claims will cost me £455 for the value I wish to claim.  it might be worth it to be honest, then again I will just worry about ending up with nothing or left with something I cannot use.

Thanks RumRat, I would rather not right now but there will be a time for that.

If the item is worth between £5000 to £10000 to cost £455 at mcol then there's no way in hell I would be wringing my hands and dithering on whether to sue them or not! And I certainly wouldn't be thinking of writing it off and letting the seller get away with it!

You need expert help and this Part of the forum isn't it , hopefully someone knows the correct part of the forum.

To also get better help you need to be more upfront with the whole story , including what was bought and when, the cost, messages you sent, sellers responses and actions , how it doesn't work, who sold it to you, whether it was new or not and how you paid 

cerebus

Oh not forgetting to name and shame on social media , if it's a decent business they don't want bad news stories plastered everywhere and things strangely start happening in your favour