Faulty goods after 30 days \ section 75

chadlebowski

I need advice on next steps, please.

Purchased 2nd-hand motorcycle parts from online breakers yard. Clearly explained why I needed replacements and asked for confirmation that replacement parts were in working order.
Payment of £612 made on 8/11/24 on credit card.
Item delivered 13/11/24. The parcel was sent to my parents' address and received by my dad, who did not inspect the contents.
I was at my parents' house over Christmas, when I tried fitting the replacement parts. Fairly immediately, I noticed the replacement parts had the same fault as the originals needing replacement (sheared axle clamp. This is a common issue with this item and I mentioned this to the seller when making initial enquiries. I was assured the parts were of sound order).
I emailed the same day to notify the retailer, asking for a refund (25/12/2024).
Having heard nothing back, I called (03/01/2025). I explained that the parts had arrived defective, and that I'd only just noticed. I re-iterated that I'd like to return the item and get a refund. I was told that 14 days had passed, and that I was not entitled to a refund. I stressed that I was specific when initially ordering, and that the item received has precisely the same fault as that which I'm seeking to repair. Again I was told 14-days had passed; therefore no refund. At this point, I was furious so politely ended the call.
I can see no refund policy on their website, nor was the returns policy made apparent at the time of purchase.

Should I contact the retailer again, advising them of consumer rights (repair / replace after 30 days)? Should I pursue section 75 with the credit card I purchased with? Do I need to send the defective item back within 30 days (I still have the original packaging)?
Any other advice much appreciated, thank you!

DullGreyGuy

You say it was parts plural, what is the min max value of the individual items?

14 days is the limit for change of mind, there is no strict time limit on defective goods however as it was over 30 days from the date of delivery its up to the merchant if they repair, replace or refund. 

A chargeback would be the more normal first step, if the merchant won't issue a refund but for that you need evidence of returning the goods to the merchant.

chadlebowski

Pair of front forks; estimated £300 each.

I appreciate I am over the 30 day period. (42 in fact). I don't imagine a repair or replacement will be possible, but I will email retailer and ask. Failing that, I will return the item and use proof-of-postage to pursue section 75.

Okell

chadlebowski said:

... I emailed the same day to notify the retailer, asking for a refund (25/12/2024).
Having heard nothing back, I called (03/01/2025). I explained that the parts had arrived defective, and that I'd only just noticed. I re-iterated that I'd like to return the item and get a refund. I was told that 14 days had passed, and that I was not entitled to a refund. I stressed that I was specific when initially ordering, and that the item received has precisely the same fault as that which I'm seeking to repair. Again I was told 14-days had passed; therefore no refund....

Sounds like the seller is treating your request for a refund as an attempt to exercise your statutory right to cancel a distance contract within 14 days.  He might be doing this because he genuinely doesn't understand what consumer rights you have, or he might be trying to fob you off and hope you go away.

If I were you I'd go back to him one more time and spell it out to him that you are exercising your rights under the Consumer Rights Act 2015.

Under that legislation goods must be of satisfactory quality (s9), be fit for any particular purpose made known by the consumer to the seller before purchase (s10), and be as described (s11).

Sounds like the forks you bought fail under all those headings but especially s10 - must be fit for a particular purpose made known to the seller before purchase.

Your legal remedy under the legislation is one attempt by the seller either to repair or to replace.  If the repair/replacement doesn't work you can get a full refund.  Or you can push for a refund straghtaway and the dealer may pay up to get rid of you.

If the seller won't play ball go to your card provider with the same argument based on the legislation above.

Mark_d

Under the Consumer Rights Act the goods you bought must be as described.  I would first approach the seller and give them 7 days to advise how they wish to process with your exchange/refund.  If they don't comply then escalate via your credit card company.