consumer rights enquiry (credit notes)

[tripled2006]

Hi all,

Im wondering if you could help me out with a query I have.....

What happens if you possess a credit note, lets say for £50 and purchase a pair of jeans for £45 using the credit note. You get home and discover that there is a rip in the bottom of the jeans. You bring the jeans back to the shop and request a refund. Are you entitled to a full cash refund (£45) (since the jeans are defective) or are you just entitled to the credit to be returned to you in the form of a new credit note worth £45, since the item was purchased with a credit note in the first place?

[LondonPam]

I think you should get another credit note as that was what you had in the first place. In effect you should be in the same position you were before buying the jeans, that is with a credit note.

[Movingon]

Absolutely right Pam. The Sale of Goods Act does NOT allow for "Betterment" - i.e. you are only entitled to be returned to the state you were in prior to the contract concluding. This means that you will get a credit note for £45 only, or exchange of the jeans.