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Reject a item you believe is faulty

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Comments

  • cerebus
    cerebus Posts: 677 Forumite
    500 Posts Name Dropper
    CAJB 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
    Please explain what you mean by they only took it back as they thought I had accepted it?

    Under consumer law if the item was faulty within 30 days you are entitled to a full refund,  the law is on your side unless it was described as faulty and you are now trying to return it because you can't live with the fault

    You have to be upfront and honest about everything here if you wish to get the correct advice for the situation 
  • SteveJW
    SteveJW Posts: 724 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 21 February 2024 at 4:32AM
    I think this would be better if moved to the Consumer Rights Board

    Not sure how to request this
  • CAJB
    CAJB Posts: 16 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    edited 21 February 2024 at 7:33PM
    cerebus said:
    CAJB 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 
    I am currently waiting to hear back from a suitable advisor thank you for the advice.  The equipment is very technical and the problem is not easily proven.  They had it back once tested it and couldn't replicate anything wrong with it in and sent it back to me so I expect they will continue to say it is fine as would the manufacturer.  All I know is over the course 6/7 months I have tried several different methods under their help and its still not working to a standard that is acceptable for anyone in my industry.  Their last advice was to 1) send it back for a 50% refund, 2)try another method, or 3) send back to the manufacturer (they also added that this would likely be a waste of my time). 
    I since tried the other method and still couldn't get the results needed and so now I am left with only the two other options and the second option just seems like kicking the can down the road especially as I have lost all confidence in them and the system and it is not something I would ever be happy using.

    "Please explain what you mean by they only took it back as they thought I had accepted it?" - They now have the item as they seem to think I have accepted the 50% which is certainly not the case.  I just needed to send it back as I can no longer waste anytime trying to get it to work and as mentioned now have zero confidence in it.

    Thanks again people, much appreciated. As mentioned I think forums like these are a great help to others.
  • cerebus
    cerebus Posts: 677 Forumite
    500 Posts Name Dropper
    You definitely need expert help from someone who is very knowledgeable in consumer law and also someone who knows the kit you can't get to work the way you want

    I wish you well and hope you get a satisfactory outcome 
  • CAJB
    CAJB Posts: 16 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    cerebus said:
    You definitely need expert help from someone who is very knowledgeable in consumer law and also someone who knows the kit you can't get to work the way you want

    I wish you well and hope you get a satisfactory outcome 
    Thank you, hopefully they will get back to me tomorrow.
  • RumRat
    RumRat Posts: 5,021 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Does it not come with a manufacturers warranty? If so, that's the way to go.
    Drinking Rum before 10am makes you
    A PIRATE
    Not an Alcoholic...!
  • CAJB
    CAJB Posts: 16 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    RumRat said:
    Does it not come with a manufacturers warranty? If so, that's the way to go.
    It does but its taken so long to get here and I no longer have confidence in it and as mentioned they hinted said sending it back would be a waste of my time.  The experience has been a nightmare to be honest.  Its a bit of a rock and a hard place situation I think.
  • RumRat
    RumRat Posts: 5,021 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I wouldn't take the sellers word for it about the manufacturer. They are basically saying that they are selling goods from a manufacturer that they as sellers have no confidence in.
    The only party to gain from them telling you it would be a waste of time is the seller who have already proven to be unhelpful and unreliable.


    Drinking Rum before 10am makes you
    A PIRATE
    Not an Alcoholic...!
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