DONT DO REFUNDS

jack_tyler

Hello.

My son bought a second hand part from a company on line for his car. Unfortunately that part isn't right for whatever reason it doesn't fit. He contacted the company and asked for a refund explaining that the part doesn't fit. They told him that they don't do refunds only exchanges, there is nothing at all on the website saying this, there are no T's & C's at all. He asked them where does it say you don't do refunds, and they said there is a notice in the office as you come up the stairs. He explained that he hasn't seen this as he bought the part on line and there is nothing on their website saying no refunds only exchanges. They were not interested in this and have only offered him a credit note for the amount. Is there any way at all that he can get his money back? £150.00 is a lot of money to not get back.

Thank you 

the_lunatic_is_in_my_head

Presumably for something like this they are a UK company* so there would be the right to cancel, enforcing it is the difficult part. 

*Which website OP?

jack_tyler

the_lunatic_is_in_my_head said:

Presumably for something like this they are a UK company* so there would be the right to cancel, enforcing it is the difficult part. 

*Which website OP?

Yes it is a UK company. The website is "Ford Bits" in a town called Adlington, Lancashire

the_lunatic_is_in_my_head

jack_tyler said:

the_lunatic_is_in_my_head said:

Presumably for something like this they are a UK company* so there would be the right to cancel, enforcing it is the difficult part. 

*Which website OP?

Yes it is a UK company. The website is "Ford Bits" in a town called Adlington, Lancashire

Thanks OP, the right to cancel requires a purchase to be made via a "organised distance sales or service-provision scheme", there is a bit on there saying our parts but I'm just getting an error ([auction-nudge tool=”listings”]), that said there does appear to be a shopping cart, just to clarify the purchase was made solely via the website and the part delivered in the post? 

jack_tyler

the_lunatic_is_in_my_head said:

jack_tyler said:

the_lunatic_is_in_my_head said:

Presumably for something like this they are a UK company* so there would be the right to cancel, enforcing it is the difficult part. 

*Which website OP?

Yes it is a UK company. The website is "Ford Bits" in a town called Adlington, Lancashire

Thanks OP, the right to cancel requires a purchase to be made via a "organised distance sales or service-provision scheme", there is a bit on there saying our parts but I'm just getting an error ([auction-nudge tool=”listings”]), that said there does appear to be a shopping cart, just to clarify the purchase was made solely via the website and the part delivered in the post? 

The purchase was made via the website and paid for online. My son then went to the business and collect the part, came home, the part was wrong, contacted the business told them the part didn't fit and asked for a refund, thats when they said they dont do refunds only credit notes. My son said "well it doesn't say anything on your website" and they said they have signs up in the office. Thing is, my son never went in the office, he collected the part from a lad in the yard outside, and its not as if its a small amount, its £150 they have of his money that he cant get back

Okell

If this purchase was made wholly online then your son has a right to cancel the contract, within 14 days* of receipt of the goods, for a full refund**.

He needs to tell them that he is exercising his statutory right to cancel a distance contract under para 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk).  He can explain over the 'phone what he is doing, but he really should confirm this in writing too.  email will suffice.

If he is dealing with a small family firm or a relatively "unsophisticated" firm that doesn't understand their legal obligations he might need to be persistent with them.

If he paid by credit card he can contact his card provider to make a s75 claim.  If by debit card he may have a chargeback claim, but that is not so reliable as a s75 claim for reasons I won't go into at the moment.

If all else fails he may have to sue to get his money back.


*If the seller didn't provide certain information prescribed by the legislation informing your son of his right to cancel - and it sounds as if they haven't - then the cancellation period might be extended by up to a year.  He needs to check the online T&Cs

** If your son has used the part more than was required to establish that it doesn't fit, the seller can reduce the refund to reflect any loss in value of the part.  But if they didn't inform him of his right to cancel a distance contract, he is still entitled to a full refund.

jack_tyler

Okell said:

If this purchase was made wholly online then your son has a right to cancel the contract, within 14 days* of receipt of the goods, for a full refund**.

He needs to tell them that he is exercising his statutory right to cancel a distance contract under para 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk).  He can explain over the 'phone what he is doing, but he really should confirm this in writing too.  email will suffice.

If he is dealing with a small family firm or a relatively "unsophisticated" firm that doesn't understand their legal obligations he might need to be persistent with them.

If he paid by credit card he can contact his card provider to make a s75 claim.  If by debit card he may have a chargeback claim, but that is not so reliable as a s75 claim for reasons I won't go into at the moment.

If all else fails he may have to sue to get his money back.


*If the seller didn't provide certain information prescribed by the legislation informing your son of his right to cancel - and it sounds as if they haven't - then the cancellation period might be extended by up to a year.  He needs to check the online T&Cs

** If your son has used the part more than was required to establish that it doesn't fit, the seller can reduce the refund to reflect any loss in value of the part.  But if they didn't inform him of his right to cancel a distance contract, he is still entitled to a full refund.

The purchase was made on line but over 14 days ago, he didn't pay by credit card he paid cash. I have checked their website and there is no T&C's at all, anywhere on there. My son has not used the part, when he came to fit it, it didn't match up at all, so was never fitted to the car, and no they did not inform him of his right to cancel

born_again

jack_tyler said:

The purchase was made on line but over 14 days ago, he didn't pay by credit card he paid cash. I have checked their website and there is no T&C's at all, anywhere on there. My son has not used the part, when he came to fit it, it didn't match up at all, so was never fitted to the car, and no they did not inform him of his right to cancel

So you mean he paid via bank transfer?

Could they not replace with the correct part?

jack_tyler

born_again said:

jack_tyler said:

The purchase was made on line but over 14 days ago, he didn't pay by credit card he paid cash. I have checked their website and there is no T&C's at all, anywhere on there. My son has not used the part, when he came to fit it, it didn't match up at all, so was never fitted to the car, and no they did not inform him of his right to cancel

So you mean he paid via bank transfer?

Could they not replace with the correct part?

yes he paid on line with his debit card, and no they couldn't replace the part as they didn't have another one, thats when he asked for a refund and they said we dont do refunds

MattMattMattUK

jack_tyler said:

Unfortunately that part isn't right for whatever reason it doesn't fit. 

jack_tyler said:
came home, the part was wrong

jack_tyler said:
when he came to fit it, it didn't match up at all,

For the sake of clarity.

Did your son choose the wrong part, or did the vendor supply a part that was different to the part your son ordered?

MattMattMattUK

jack_tyler said:

born_again said:

jack_tyler said:

The purchase was made on line but over 14 days ago, he didn't pay by credit card he paid cash. I have checked their website and there is no T&C's at all, anywhere on there. My son has not used the part, when he came to fit it, it didn't match up at all, so was never fitted to the car, and no they did not inform him of his right to cancel

So you mean he paid via bank transfer?

Could they not replace with the correct part?

yes he paid on line with his debit card, and no they couldn't replace the part as they didn't have another one, thats when he asked for a refund and they said we dont do refunds

Just to double check on this, they do not seem to have an online selling section, they may have at one point but it does not show anything under the "Our Parts" section, they also mention that they take cards over the phone or in person. Did he actually pay online?