Faulty bath

Piggyfeet

just contacted Monzo and he will find out soon if they will do a chargeback but the money can take up to 12 weeks to appear

Yes, he made it abundantly clear under the consumer rights at 2015 and even quoted their own terms and conditions back to them. Would it be helpful for me to paste email to

Piggyfeet

Good afternoon,

Thank you for your response.

I appreciate your apology, and I have already provided photographs showing the cracks in the bath. However, I must challenge your suggestion that, because the damage was not reported within your required timeframe, you are unable to offer a free replacement.

As the retailer, Bathroom Mountain remains responsible for supplying goods that comply with the contract. Under Section 9 of the Consumer Rights Act 2015, goods must be of satisfactory quality, including being free from defects and damage.

Your inability to raise a claim with your courier or manufacturer is an internal matter between
Bathroom Mountain and your suppliers. It does not, in itself, remove your legal obligations to me as the consumer. Similarly, any internal damage-reporting deadline cannot override my statutory rights.

Under Section 23 of the Consumer Rights Act 2015, where a consumer is entitled to a repair or replacement, the retailer must provide this within a reasonable time, without significant inconvenience to the consumer, and bear the necessary costs.

This situation is particularly frustrating given that this is a replacement bath and my bathroom fitters are already working on the installation. The repeated inconvenience and potential delays to my project are not acceptable, particularly when I have already paid for a product that should have arrived in satisfactory condition.

I also do not consider a discounted quotation for another bath to be an appropriate resolution at this stage. I should not be expected to pay again to remedy an issue with goods that arrived damaged.
Nor should a discount "purely a gesture of goodwill" be offered like it is some sort of concession.

Please confirm that Bathroom Mountain will arrange a suitable resolution, including a replacement bath at no additional cost and collection of the damaged item, with all necessary costs covered by yourselves.

If you maintain that you are not obliged to resolve this matter, please explain the legal basis for that position and confirm your final response in writing so that I can consider escalating the complaint through the appropriate channels.
I hope we can resolve this promptly and amicably, without the need for further action.

Regards,

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82186909#Comment_82186909

I believe that it all comes under the same Mastercard chargeback code (4853) "Goods or Services Were Either Not as Described or Defective" but yes, 'defective' is more accurate if needing to differentiate between the two!

Okell

https://forums.moneysavingexpert.com/discussion/comment/82186915#Comment_82186915

Is that something he had already sent and which they have replied to?

That's a pretty good and complete complaint.

Only thing possibly missing is that he didn't mention that the CRA creates a legal presumption that faults within 6 months are deemed to have been present at purchase unless the seller can prove otherwise.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82186910#Comment_82186910

No idea where the reference to 12 weeks comes from - normal practice is to provisionally reimburse the cardholder almost immediately if the claim looks credible, and to then give the merchant 45 (I think) days to challenge that, after which the provisional refund may be reversed if the bank sides with the merchant.

Piggyfeet

Thry said to keep an eye on his account but it can take up to 12 weeks for the monitor to show up so I’ve no idea what that is.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82187038#Comment_82187038

That wording makes no sense to me either, but, having initiated the claim, all he can do now is to wait for it to take its course…

screech_78

Let this be a lesson though to check items as soon as possible after delivery. You certainly have rights but as you’ve now found out, actually enforcing them can be difficult and drawn-out.

Your email to them is very good. Well done for keeping it factual. It’s well written, but I have a feeling they’ll still push back.

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/82187038#Comment_82187038

It's a predictive text error. Monitor instead of money.