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  • FIRST POST
    • Mickpeasoup
    • By Mickpeasoup 15th Nov 19, 11:21 PM
    • 27Posts
    • 4Thanks
    Mickpeasoup
    Shop refusing to refund
    • #1
    • 15th Nov 19, 11:21 PM
    Shop refusing to refund 15th Nov 19 at 11:21 PM
    I purchased a brand new Air Rifle from a shop yesterday, but upon using it I notice there's an intermittent leak. It's faulty.

    I paid 180 for this in addition to some pellets at 10, subtotal 190.

    I paid with my Vanquis Card.

    Please can somebody tell me if there's any recourse for a refund for just the Air Rifle as pellets are fine, and I can use these in another airgun.

    What is the usual process to initiate a refund, and what is the likelihood of me receiving one?

    Do I have to drop the airgun back off at the shop?

    Many thanks in advance as always.
Page 1
    • zx81
    • By zx81 15th Nov 19, 11:23 PM
    • 24,373 Posts
    • 27,174 Thanks
    zx81
    • #2
    • 15th Nov 19, 11:23 PM
    • #2
    • 15th Nov 19, 11:23 PM
    The easiest way is to go back to the shop and exchange or refund. You will need to return the gun.

    If they refuse, you could raise a chargeback/section 75 with Vanquis.
    • Gary_Dexter
    • By Gary_Dexter 15th Nov 19, 11:41 PM
    • 6,983 Posts
    • 4,645 Thanks
    Gary_Dexter
    • #3
    • 15th Nov 19, 11:41 PM
    • #3
    • 15th Nov 19, 11:41 PM
    Go to the shop.
    Say “this doesn’t work please can I have a refund”.
    Done.
    • eskbanker
    • By eskbanker 16th Nov 19, 12:34 AM
    • 11,911 Posts
    • 14,712 Thanks
    eskbanker
    • #4
    • 16th Nov 19, 12:34 AM
    • #4
    • 16th Nov 19, 12:34 AM
    Shop refusing to refund
    Originally posted by Mickpeasoup
    Seems an odd choice of thread title if you haven't even sought a refund yet, as the rest of your post implies?

    Or if you have actually sought a refund and they've refused, on what grounds have they done so?
    • Ben8282
    • By Ben8282 16th Nov 19, 1:58 AM
    • 4,353 Posts
    • 2,397 Thanks
    Ben8282
    • #5
    • 16th Nov 19, 1:58 AM
    • #5
    • 16th Nov 19, 1:58 AM
    I get the impression OP doesn't want to go back to the shop to ask for the refund. That would be too easy. The only reason for mentioning that they paid with Vanquis is to start another chargeback/s75 discussion.
    Makes no sense otherwise because surely everybody knows that under such circumstances the obvious thing to do is to return the goods to the shop. And as for 'Please can somebody tell me if there's any recourse for a refund for just the Air Rifle as pellets are fine' . I guess this is to start a discussion on if he can do a partial chargeback or partial s75 claim.
    Why else would this question have been asked on the credit cards board?
    Last edited by Ben8282; 16-11-2019 at 2:00 AM.
    • Mickpeasoup
    • By Mickpeasoup 16th Nov 19, 10:44 AM
    • 27 Posts
    • 4 Thanks
    Mickpeasoup
    • #6
    • 16th Nov 19, 10:44 AM
    • #6
    • 16th Nov 19, 10:44 AM
    Thank you for the replies.

    I phoned the shop to ask if I can return this for a refund as it's defective, and their response was "no".

    The shop owner or employee said it left the shop in new condition & tested, however, I had no chance to test it in there for obvious reasons.

    Where do I go from here, please?

    Do I return it to the shop & use threats, call Vanquis, then return it, or call Vanquis & keep it?
    • zx81
    • By zx81 16th Nov 19, 10:49 AM
    • 24,373 Posts
    • 27,174 Thanks
    zx81
    • #7
    • 16th Nov 19, 10:49 AM
    • #7
    • 16th Nov 19, 10:49 AM
    Definitely don't go into a shop that sells guns and start making threats.

    Go back in and politely point out that the product is faulty and you require a refund.
    • eskbanker
    • By eskbanker 16th Nov 19, 10:50 AM
    • 11,911 Posts
    • 14,712 Thanks
    eskbanker
    • #8
    • 16th Nov 19, 10:50 AM
    • #8
    • 16th Nov 19, 10:50 AM
    Forget about Vanquis, for now at least.

    Take it to the shop, make it clear that it's faulty and insist on your money back, citing your rights under the Consumer Rights Act for a full refund if goods are found to be defective within 30 days of purchase.

    https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange/
    • Ergates
    • By Ergates 17th Nov 19, 12:19 AM
    • 709 Posts
    • 963 Thanks
    Ergates
    • #9
    • 17th Nov 19, 12:19 AM
    • #9
    • 17th Nov 19, 12:19 AM
    The burden of evidence is on the shop to prove that it was working when it left the shop. Unless they can prove that you have somehow damaged the gun since you bought it, then they can't refuse to refund it.
    • 18cc
    • By 18cc 17th Nov 19, 7:55 AM
    • 1,912 Posts
    • 1,408 Thanks
    18cc
    The legal position is that the card and the shop have an equal responsibility to refund you.

    You are under no obligation to claim against the shop - you can if you wish claim against the card as if it were the shop. Obviously most people try the shop first for obvious reasons but you don't have to.

    You will have to returrn the airgun but it is up to the shop to make the collection etc arrangements.

    eg "We thought Miss V had taken reasonable steps to try to resolve matters with the supplier. Despite what the card provider appeared to believe, however, she was not obliged to have done this or indeed to have returned the dinner service before she could make a claim to the card provider. "

    https://www.financial-ombudsman.org.uk/files/2921/86.pdf
    • camelot1971
    • By camelot1971 17th Nov 19, 11:47 AM
    • 1,117 Posts
    • 1,746 Thanks
    camelot1971

    Do I return it to the shop & use threats, call Vanquis, then return it, or call Vanquis & keep it?
    Originally posted by Mickpeasoup
    I'm afraid you are coming across like someone who bought something they can't afford and now want it for free if you can get away with that!

    If it's genuinely defective (should be easy to test) then you can exchange it for another one. Of course, it will test perfectly in the shop......
    • cajef
    • By cajef 17th Nov 19, 1:01 PM
    • 5,107 Posts
    • 4,159 Thanks
    cajef
    or call Vanquis & keep it?
    Originally posted by Mickpeasoup
    Why would you want to keep it if it is faulty?
    I used to have a handle on life, but it broke.
    • Inner Zone
    • By Inner Zone 17th Nov 19, 1:26 PM
    • 2,681 Posts
    • 1,614 Thanks
    Inner Zone
    Why would you want to keep it if it is faulty?
    Originally posted by cajef

    Maybe it is not?
    • cajef
    • By cajef 17th Nov 19, 2:05 PM
    • 5,107 Posts
    • 4,159 Thanks
    cajef
    Maybe it is not?
    Originally posted by Inner Zone
    Well they want a refund because according to the OP it is.
    I used to have a handle on life, but it broke.
    • bris
    • By bris 17th Nov 19, 3:26 PM
    • 8,921 Posts
    • 7,835 Thanks
    bris





    Do I have to drop the airgun back off at the shop?
    Originally posted by Mickpeasoup
    Well how else do you expect to get a refund?
    • Paully28
    • By Paully28 17th Nov 19, 3:34 PM
    • 70 Posts
    • 46 Thanks
    Paully28
    Of course you have to take the gun back to the shop, show them it is faulty and they give you a refund.

    If not, then CC s.75 request for refund through Vanquis.
    • Vectis
    • By Vectis 17th Nov 19, 3:55 PM
    • 497 Posts
    • 620 Thanks
    Vectis
    ...Do I return it to the shop & use threats, call Vanquis, then return it, or call Vanquis & keep it?
    Originally posted by Mickpeasoup

    And there lies what the OP is hoping for 'or call Vanquis & keep it'.
    • 18cc
    • By 18cc 17th Nov 19, 7:05 PM
    • 1,912 Posts
    • 1,408 Thanks
    18cc
    No you don't have to take the air gun back to the shop that is the whole point - you can't keep it of course but the shop has to make reasonable attempts to return it eg send a courier around
    • born again
    • By born again 17th Nov 19, 7:18 PM
    • 814 Posts
    • 437 Thanks
    born again
    Of course you have to take the gun back to the shop, show them it is faulty and they give you a refund.

    If not, then CC s.75 request for refund through Vanquis.
    Originally posted by Paully28
    #
    Except that there is a chargeback right here for faulty goods.
    • Ben8282
    • By Ben8282 17th Nov 19, 7:48 PM
    • 4,353 Posts
    • 2,397 Thanks
    Ben8282
    The legal position is that the card and the shop have an equal responsibility to refund you.

    You are under no obligation to claim against the shop - you can if you wish claim against the card as if it were the shop. Obviously most people try the shop first for obvious reasons but you don't have to.

    You will have to returrn the airgun but it is up to the shop to make the collection etc arrangements.

    eg "We thought Miss V had taken reasonable steps to try to resolve matters with the supplier. Despite what the card provider appeared to believe, however, she was not obliged to have done this – or indeed to have returned the dinner service – before she could make a claim to the card provider. "

    https://www.financial-ombudsman.org.uk/files/2921/86.pdf
    Originally posted by 18cc
    This may well be so. But how is the credit card company going to be able to verify that an air gun is faulty?
    The obvious solution is to return to gun to the shop from which it wa purchased. If I were the credit card company and in the absense of a very good explanation of why the purchaser did not wish to do so, I would be very supicious indeed.
    This seems to me to be an abuse of the chargeback or s75 rules if the retailer has not been given the opportunity to put things right in the first instance.
    Last edited by Ben8282; 17-11-2019 at 9:52 PM.
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