Focus - Won't refund for faulty goods!

[noclue]

Hi,

I have a small problem that I could do with a bit of help to solve.

On Friday 20/07/07 at 17:10 a bought a wheel barrow from Focus in Harwich.

At 17:30 I started to use it to move 20mm stone about 8ft (from path to driveway) this was all on level ground.

By 17:40 the tyre had come away from the wheel and the innertube was showing.

The store clossed at 18:00 therefore I had to go to a B&Q store to buy another (They are open till 20:00) I needed to finnish my drive that night!

Anyway...

I don't have a car over the weekend (my wife uses it)
I took the wheelbarrow back to the store 23/07/07 17:00
The manager refused a refund (I have the receipt) he claims the wheelbarrow has been used! (how else would it have broke!)
I have spoken to CS and they just back the managers desision!

Can someone please tell what to do now?

(its only £30, but it is mine!)

Thanks again

[Gertie100]

Had a very similar situation with a skirt from a well known high street retail establishment. I wore the skirt and whilst wearing it in a pub (prior to smoking ban!) the stitching on the inside of the pocket came loose and the pocket fell off. I took it back a few days later and the woman in the shop told me that she couldn't take the skirt back because it had been worn!

Umm yes I replied, thats correct, when I was wearing it I put my hand in the pocket to find it hanging off! What does that have to do with it?

We can't resell it madam.

No, the reason you can't resell it is because its faulty!

Honestly!

Go back to the shop, speak to the manager again explaining that the only way for the wheel to come off is when you put weight in the barrow it obviously put pressure on the faulty part. You do hope that a well known store wouldn't deliberately put faulty goods back on the shelf to be re-sold, therefore it has no bearing on the refund.
If they don't agree, ask them to get the regional/area manager on the phone - their phone of course and explain the situation...carry on until you get to the head of customer services and explain very loudly that you believe they are selling faulty goods.
If that doesn't work, registered letter to head office immediately.

[bed32]

IIRC under the sale of goods act, if the goods turn out to be faulty within six months it is up to the seller to prove that they weren't faulty when sold, not for you to prove that they were.

You are clearly entitled to a full refund (you don't even need that receipt) - spend a few minutes doing research on the sale of goods act - maybe phone consumerdirect or look at their web site - and then go back to the store and quote the law to the manager. If he doesn't refund in full (you don't need to accept a credit note or a replacement - don't settle for anything other than your money back) then take it up with head office.

[noclue]

Does any one have a few good qoutes I could use?

The manager seemed very rude and unaprochable! He would not see reason.

I can't just go in there and say what I have already said.

[bed32]

Trying googling for "sale of goods act" reject faulty goods or similar and you will find lots of good information.

If you don't want to go back to the manager then you could write directly to head office complaining both about the faulty goods and the rude behaviour of the manager. That is likely to take a bit longer. Given that you have already tried to return the goods once you have fulfilled your obligations and there is no need for you to put ourself out any more. If they want the wheelbarrow back, or want to inspect it, tell them to come to you

[Expressit]

Head Office details;

Focus (DIY) Limited
Gawsworth House
Westmere Drive
Crewe
Cheshire
CW1 6XB

Tel: 01270 501555

[bazak1]

if you have no luck with some of the other ideas, give your local trading standards office a call. they will be only to happy to help.

[noclue]

************

********
ESSEX
CO12 ***
07*********

24/07/07
The Manager
Focus
Units A to F
Harwich Gateway Retail Park
Iconfield Park Freshfields Road Parkston
Harwich
CO12 4EN
Dear Sir/Madam
Sale of Goods Act 1979 (as amended)
On 20/07/07, I bought a Wheel Barrow from you for £29.99 which is faulty.
The problem is the Tyre and inner tube have come of the wheel after no more than 10 minutes of light use. This is not through any misuse or abuse. I was simply moving some stones (shingle) from the path in front of my house to the drive. (No more than 10ft away) I had only managed two trips before the problem arose. I believe the wheel or tyre had a problem that was not visible when I purchased it.
I complained about this to you, the manager in the store, and your customer services on the phone on 23/07/07 and did not receive a satisfactory response. In fact the response from you was quite rude. Apparently you were late for an important call and did not want to discuss my problem any further, (you actually walked away whilst I was still talking to you!)
I wish to reject the goods and claim a full refund.
Should you wish to view the product, it is currently at the customer services desk at the Harwich store.
Please respond to my complaint within seven days.
Yours sincerely,

Mr K Dalby


CC - Focus (DIY) Limited
Gawsworth House
Westmere Drive
Crewe
Cheshire
CW1 6XB

This is the letter I will be taking to the store tonight.

[sweetnsexyenglish]

Yep...thats what i have had to do also, it is amazing what some stores will and wont do, I brought a jacket from Next and when the seam started coming undone considering it was £90 and months later they were happy to refund the item as they didn't have the same item to exchange it with.

£30 IS £30 regardless of how small or insignificant the amount its money,
even if they had had problems with the item previously they still would try to be difficult, as in the case of a maclaren pushchair purchased from mothercare, where they only offered to order a new part and when I pushed the case they gave me a refund after one sales assistant admitted that range was having the same problem I had reported. It all depends on who you speak to at the time, as mothercare knew the product is defective and still sell the item, if the defect occurs before the returns policy then your ok, but as mine wasn't even spotted straight away as I mostly drive the buggy was just an extra that fit conveniently in the boot so was hardly used.

Even argos when returning an item with the box and receipt one assistant wouldn't take it on the grounds of a piece of polystyrene was missing out the box, but a different employee took the item and refunded it

Not all sales staff are rubbish, but I do believe in treating a customer the way I would like to be treated and have always done so but that can't be said of all sales assistants.

[noclue]

Well I am going to hand deliver the letter to the manager tonight, giving him a last chance to refund me.

I also have a Copy of the letter to send to head office.

I let you know how it goes later.

Like you said £30 is £30! That will feed me and my family for nearly a week!

[sweetnsexyenglish]

No you will have to send it recorded delivery!!

[bed32]

Originally Posted by sweetnsexyenglish

No you will have to send it recorded delivery!!

I'm not sure that is necessary at this stage. It is highly unlikely that Head Office will fail to respond or deny that they have received the letter and you will need to send at least one or two more letters before resorting to more serious matters.

However it is probably worth putting a timescale in any letter sent to head office (perhaps 10 or 14 days)

[sweetnsexyenglish]

As advised by Trading standards when sending a letter of that sort it is best to send it as Recorded delivery, I only say this as both times I have had issues regarding faulty goods or services when using that template they suggested that be done, which also covers you should you wish to take action, as they can't then deny receiving it.

And after what I have experianced lately, it is best to document and have proof, as currently dealing with company who have gone back on a verbal agreement...and wouldn't put it in writing when I requested.

But if in doubt ask Trading Standards for advice or Consumer Direct.

[blitz]

Its good to record that the manager actually got the letter, however if you want to hand it to the manager take a witness with you.
The refund seems like a no brainier. You are entitled to reject the goods under the soga and claim a full refund as this has been requested within a reasonable amount of time.

[noclue]

Well I went in yesterday and the manager was standing at the desk as I went in...

Manager: Come to collect your Wheelbarrow then
Me: Not right now
Manager: well your not getting a refund (said as he was walking away!)
Me: please don't walk away I would like to speek to you
Manager: I have nothing to say to you, you are not haveing a refund and I'm not going to start an argument with you (still walking away!)
Me: No I don't want an argument, I also don't want to talk to your back!
Manager: faceing me now) What do you want
Me: I would like to give you one last chance to refund me, and to remind you that if you don't refund me you are breach of the "sale of goods act"
Manager: For the last time you are not haveing a refund
Me: ok, then please take this letter and I have another to send to your head office, I also gave him a copy of the "sale of goods act" (all 40 odd pages LOL)
Manager: (snatched the letter then walked of!)

This morning I recived a call for the manager, he has repaired the wheel and said that was all he had to do (he obviously read the "sale of goods act" I left him)

I had already sent the copy letter to head office (recorded)

I suppose I have to accept the repair but I look at it as a simi victory

It will be interseting to see what head office send me as a response? (I gave them 7 days to respond)

Thanks for all your help people

[sweetnsexyenglish]

I would also report his rudeness, your a paying customer not a thief or a beggar and therefore he could have responded more civil to you, and I would await head offices reply based on the his behaviour. Even if it is just so he is disciplined

[Bookworm]

Sale of Goods Act

Under the Sale of Goods Act 1979 traders must sell goods that are as described and of satisfactory quality.

If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. Alternatively, they can request a repair or replacement or claim compensation.

Personally, because I am pig-headed , I would say "no, I REJECT those goods, as per SOGA 1979". SOGA allows for rejection of non-satisfactory goods for a "short period", and I think that 1 working day is perfectly reasonable as the definition of "short period", and I would stand for nothing but a full refund.

Follow-up letter should say that as far as you are concerned, the item is not of satisfactory quality AND not fit for its purpose, and you do not want a "repaired" item in which you have lost all faith. You want a refund IN FULL, and expect compensation for the multiple trips you have had to make, the rudeness and attempt to deny you your statutory rights by the manager, and demand an apology in writing from the manager. Furthemore, you want an assurance from Head Office that the manager in question will be sent on a course into SOGA and customers' statutory rights.

That should do the trick.

PS: recorded delivery is NOT necessary. A letter is deemed received 2 days after sending, and non-receipt is never accepted by the courts as a sufficient excuse. If you really want proof of sending, then go to PO and obtain a Certificate of Posting (FREE).