Credit card refuses to refund because of doing what was asked

born_again

Bikerbloke said:

The items were £25, £70 and £379. The company also said they don't refund any extras that are purchased which is hilarious as the extras ARE required to let the product work. 
Looking at the Facebook group for this company, I'm not the only one having the same issues unfortunately. 

Can you show in what way they are required to let the product work?

As a car requires fuel to run, but filling the tank would not be covered. 

DullGreyGuy

WillPS said:
Like I say you're likely pushing against an open door in this instance because Santander can at least attempt to chargeback the whole lot (unusually for consequential loss type claim elements!).

The OP hasn't returned the items and claims to have no address to do so. 

WillPS

DullGreyGuy said:

WillPS said:
Like I say you're likely pushing against an open door in this instance because Santander can at least attempt to chargeback the whole lot (unusually for consequential loss type claim elements!).

The OP hasn't returned the items and claims to have no address to do so. 

Santander/Mastercard can work to facilitate such a thing if neccessary. Merchants can't just workaround chargeback risks by making returns impossible.

Bikerbloke

WillPS said:

DullGreyGuy said:

Bikerbloke said:

The items were £25, £70 and £379. The company also said they don't refund any extras that are purchased which is hilarious as the extras ARE required to let the product work. 
Looking at the Facebook group for this company, I'm not the only one having the same issues unfortunately. 

So the £379 would be covered by the S75 process, the other two items wouldn't - assuming they are shown as separate items and prices on the invoice rather than a package deal. 

Depends how essential those items are to the £379 item's functionality, and how useful or not they otherwise are, surely?

If the answers 'essential' and 'not at all' then I would say the OP has a reasonable case to have them added to the S75 claim for the £379 item as an additional expense/consequential loss.

(It'll probably help that Santander can possibly charge these lines back.)

Yes the items ARE required for the machine to work. It's a automated cat litter box. 1 item is the waste bin and the other item is disposable bags that fit inside the waste bin. 

Bikerbloke

born_again said:

Bikerbloke said:

The items were £25, £70 and £379. The company also said they don't refund any extras that are purchased which is hilarious as the extras ARE required to let the product work. 
Looking at the Facebook group for this company, I'm not the only one having the same issues unfortunately. 

Can you show in what way they are required to let the product work?

As a car requires fuel to run, but filling the tank would not be covered. 

Yes, the main unit is an automated cat litter box, which after the cat has left the machine will slowly rotate backwards and deposit the cats waste into the bags which are clipped into the plastic box at the back. The plastic box has a motorised lid which opens and closes depending on the orientation of the litter box. The bags are specific to the machine as they are shaped and elasticated to clip into and over the plastic box. The plastic box clips under the machine and has the motorised lid clipped into the back. Neither the box or bags are of any use without the machine and the machine needs both of these items to function properly.

Nasqueron

From the perspective of someone who works in an industry of selling machines that have extras to run - I would argue those 2 are consumables. If they are replacing the machine for you, I wouldn't expect them to be covered. If they will not send you a new machine, the consumables are useless without the machine so should be part of the bundle. 

Bikerbloke

Nasqueron said:

From the perspective of someone who works in an industry of selling machines that have extras to run - I would argue those 2 are consumables. If they are replacing the machine for you, I wouldn't expect them to be covered. If they will not send you a new machine, the consumables are useless without the machine so should be part of the bundle. 

They tried to get me to accept a new motherboard as apparently that's the main issue that is happening to everyone who has this failure. I refused to accept as I refuse to spend so much money then have to take the machine apart within 2 weeks of ownership. 
You wouldn't be expected to do this with a new TV or washing machine would you. 

Looking on the group chat, others who did accept the motherboard and it's blown again, have been told its no longer the companies problem as the owner has messed with the machine. 

So as it definitely a faulty unit and within the 30 days returns period (or was when I reported it) then all the items should be accepted but the company still refuses to accept them. 

WillPS

I would open a formal complaint with Santander. The fact of the matter are:

1. The purchase (in it's entirety) was unfit for purpose.
   
2. You have tried to engage with the merchant, who has completely failed to provide you with any path for returning these items
3. Santander refuse to take a claim because the items haven't been returned, despite the fact you've made every effort to have the goods returned but despite that have no idea where to return them.
   

Restate your willingness to return all items (either to Santander or the merchant) and state clearly that you want the whole value of the purchase back. I'd also ask for some compensation from Santander for the terrible obstuctive service you've received from them when legitimately asserting your rights under S75. 

Bikerbloke

WillPS said:

I would open a formal complaint with Santander. The fact of the matter are:

1. The purchase (in it's entirety) was unfit for purpose.
   
2. You have tried to engage with the merchant, who has completely failed to provide you with any path for returning these items
3. Santander refuse to take a claim because the items haven't been returned, despite the fact you've made every effort to have the goods returned but despite that have no idea where to return them.
   

Restate your willingness to return all items (either to Santander or the merchant) and state clearly that you want the whole value of the purchase back. I'd also ask for some compensation from Santander for the terrible obstuctive service you've received from them when legitimately asserting your rights under S75. 

It just gets better and better.

I phoned Santander today to find out what is happening as no one has been back in touch, The guy I spoke to apologised as my last call had NOT even been logged so nothing has been done. Great !!!

He has now started another claim for me, but I have just made a telephone complaint about this matter to the complaints department and they seem to have more knowledge of what is going on. Unfortunately though, they want me to print out every single email and picture all over again as being a fresh claim, the old information will not be looked at.