Consumer rights advice

Okell

https://forums.moneysavingexpert.com/discussion/comment/81901004#Comment_81901004

I'm not certain if they can or cannot insist on inspecting it before agreeing to a refund.

Can you take a video or something of the fault while the m/c is in operation?

Before sorting that out I'd first push back at them and say that the law is clear about this. It's a fault within 6 months of purchase and they've already had one failed attempt at a repair. The law clearly says you are entitled to a full refund in these circumstances.

I would also suggest to them that the fact they have already repaired it once within 2 months of purchase (and within one month of first use) is sufficient on its own to support the legal presumption in the Consumer rights Act that the fault was present at purchase, and that any inspection by them is unnecessary.

If it wasn't a fault that was present at purchase why did they fix it the first time?

Ergates

https://forums.moneysavingexpert.com/discussion/comment/81901127#Comment_81901127

You're right, it is silent - but in a way that I think favours the consumer over the retailer.

For instance - if the retailer were entitled to delay agreeing to a refund until they've inspected the goods, it seems like the legislation would specify a time limit for this to happen (so the retailer can't just delay indefinately because "Our engineers haven't had time to look at it yet") - the same way the the refund itself has a timelimit. The fact that no such time limit is specified suggests to me that no such entitlement exists.

I interpret the legislation, in simple terms, as the retailer should refund immediately and then, if it turns out the customer has pulled a fast one, should pursue them through the courts. Obviously this massively balances the scales in favour of the consumer - but that is consistent with the rest of the legislation.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81901420#Comment_81901420

I understand what you mean and I have no issues with the OP arguing that line.

I think the problem is that the wording of the Act is very unclear in many instances and leaves lots of holes.

eg the bit you reference about a refund having to be paid within 14 days of the seller agreeing a refund is payable. What is to stop the seller delaying such agreement for several weeks or months - or indeed indefinitely? There are provisions preventing a seller from taking an unreasonable amount of time to repair faulty goods, but I'm not aware of any provisions saying that the seller must not take an unreasonable amount of time to agree that goods are faulty and a refund is payable.

(I suspect this might be because the legislation has largely adopted the wording of whatever EU directive the Act is based on and hasn't had much input from Parliamentary draftsmen - or draftswomen - who might have picked theses things up.)

I agree with the point you're making, but I'm not sure your interpretation is a way out of the question whether the seller can or cannot inspect before agreeing to a refund.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81901420#Comment_81901420

"… indefinately …"

OMG!!! Are you "H"? It wasn't Det Super Buckells after all?

Or are you DS Buckells?

Will it be cleared up in series 7?

Ergates

https://forums.moneysavingexpert.com/discussion/comment/81902168#Comment_81902168

I can neither confirm nor deny any such rumours.

Brondie

So I have agreed to let them collect the machine for inspection, but stated as Okell pointed out that the fact they have already repaired it once within 2 months of purchase is enough to support the fact that the fault was present at purchase, and that any inspection by them is unnecessary.

I have also asked 3 times now what the initial fault and repair was and have said I won't return the machine before being given that info.

born_again

Why would a retailer be expected to refund in 14 days when the item is not back with them?🤷‍♀️ Even when it had previously been returned & fixed.

Unless of course they have stated not return?

Okell

https://forums.moneysavingexpert.com/discussion/comment/81902329#Comment_81902329

Is the fault something you can video or otherwise record before they collect?

Okell

https://forums.moneysavingexpert.com/discussion/comment/81902323#Comment_81902323

Ok. You can't be him or you would have said "Urgent extraction required"

screech_78

https://forums.moneysavingexpert.com/discussion/comment/81902329#Comment_81902329

I’m sorry, but that’s nonsense.

We get people all the time who take the huff because they’re unhappy that we’re repairing an item that was only purchased a couple of months previously. They get it back and then tell us it’s got the same fault. On quite a few occasions, there’s nothing wrong with it. They just want a refund. So yes, we will inspect it to confirm the fault and if that’s the case, then no issues with providing a full refund within 6 months.