I recently bought (January 18th 2018) an ex display sewing machine for £1499.00 (advertised on their website that ALL of their ex display machines are serviced before going out to customers) first off the lady on the phone told me that they do not post out on Saturdays and it would cost £20 for delivery, as this was on a Thursday I failed to see the relevance.

The machine was posted out via courier (Parcel Force) and arrived on January 20th.

I set the machine up (Husqvarna Topaz 50) downloaded the complementary software from the Husqvarna site and prepared to sew by connecting the machine to my laptop, there was NO response from the machine, the USB port on the machine was not lightning up. All I could do was sew designs that came pre-programmed with the machine (which defeats the object and pleasure of being able to transfer bought designs)

I contacted the shop and the person who answered the phone immediately tried to blame the courier for 'throwing' the machine around, however, she did say that sometimes during transportation that the USB cable can become dislodged from the Motherboard, she made arrangements to have the machine collected, it duly was (January 25th)

While I was on the phone with the assistant I asked her for the invoice and serial number of the machine so that I could register it (safeguarding my warranty) she told me I needen't worry as they would be registering the machine on my behalf. It did cause some concern to me (which I tried to get across) but was spoken 'down to and over' All my partner (whose credit card was used to make the payment) had was a till receipt and a Barclaycard statement indicating that a payment had been taken out by the establishment.

On January 27th the machine was returned to me, I once again set it up only to discover that the machine would not stay threaded, the top thread kept 'leaping' pout of the take-up lever/rocker arm, sending messages on the screen to clear threads from the embroidery area when there were NO threads present.

I phoned the shop (AGAIN)

They told me it was 'user-error' from my end and that I MUST have been using 'cheap' threads, the wrong stabilizer, did I 'floss' the machine (flossing: hold the SILK threads in BOTH hands and do a sawing motion through the tension disks)..... As anyone who sews knows that silk is NOT the strongest medium for sewing, it is a soft material only used for decorative sewing.

The lady on the phone 'walked me through' a few steps (don't know how she could tell what I was or wasn't doing on the phone.... Immediately after threading and placing my foot on the pedal the thread broke, her remark was....'Hmm, never had one that went THAT quickly) I know, should have recorded phone call. I again phoned on the 29th, they insisted I 'pop' along to the shop and use the machine in front of them to see if I was doing something 'wrong'

Now, I told them that it wasn't THAT easy for me to get to them (they are nearly 70 miles away from me)

Sn February 2nd I phoned them and told them in no uncertain terms that I DO NOT want the machine and could I have the money credited to my partners credit card, at this time I was speaking to the wife of the owner who told me I was NOT entitled to any sort of refund!!

I told my partner who rang them (Feb 2nd) somehow they managed to persuade him to allow them to a SECOND repair.......I categorically told them I did NOT want the machine!!

I sent a recorded letter informing them that I am NOT willing to accept something that does not fit the bill of 'in perfect working order' When my partner spoke to them they had agreed to send a courier to collect the machine. I also sent them a video of the machine acting up. I followed up with ANOTHER recorded letter (after taking advice from Which Magazine) legal team, sent a short term right to reject (?) letter..................

The shop owner still ISN'T playing ball, he's still insisting that I 'pop' over and take advantage (only offered after the first letter to him) of their two day 'getting-to-know-your-machine' course. In a letter he sent to me (dated Feb 13th) he said he would be more than happy to prove to me that there was NOTHING wrong with the machine and that I had accepted the machine with a fault (he's admitted that the machine came to me with this fault) he also states that if I no longer want the machine that I should say so in writing and he could sell it on my behalf, but for him doing so it would cost me £100.

I have since had another letter from him ( an after thought, I think) letting me know that the machine stitches beautifully and not to forget that I have a five year warranty. He's also sent me an email (dated Feb 28th) in which he's attached 2 PDF documents letting me all about the modifications of the Husqvarna take up lever (2009 and 2011) a link to the 'Buy with confidence website, to which he is a member he states and I quote from his email "They can assist you with any consumer/retailer issues, and we have to abide by their findings, they can also put you in touch with a Trading Standards Officer if needed all at no cost to you". no mention of giving me my refund.

in my last recorded letter to him (22nd Feb) I gave him 14 days to refund my money or I will take it to the next level.......

. Asking for advice from those in the know on this forum, what is the next step please.

simply do a section 75 refund from his credit card

Make sure you reject the machine in writing first. Cover your own back. From what youve said it sounds like youve only communicated via telephone and nothing was recorded. Get that rejection to them in writing, then do a s75

says recorded letter several times...

Hello renegadeimp, thank you for your reply. I've sent off two recorded letters to him, in both letters I have made it clear that I was not accepting the machine, also quoted from Consumer Rights Act.

Then time for that chargeback

I think that you can say that you have asserted your short-term right to reject under the Consumer Rights Act. Tell them that it is on that basis that you will be seeing them for all of your refund plus any other losses you have suffered as a result of the defective machine.

Don't get into any further discussion about it. Make sure the machine is returned to them and make sure that they have it in writing that you are now relying on the Consumer Rights Act. If you are going to make phone calls then record them. You have already said you should be recording them and yet I don't believe that you have started. Read our customer services guide.

Be prepared to issue a claim in the Small Claims Court. If you're not prepared to take this step then don't make the threat.

Have you bought machine as a business? If you have bought the machine is a private individual then you start a court action, if there is a hearing then it will be in your local court. If they are 70 miles away then they will be obliged to travel to you for hearings. This will add an extra level of inconvenience for them and help to encourage them to start respecting your consumer rights.

We will help you draft any documents that you need – meaning the claim form.

Which companies is that you are dealing with? You haven't told us their name? Why not? Are you trying to protect them?

If you use the section 75 Consumer Credit Act route to getting a refund – then make sure that the credit card company know that you are relying on your rights under the Consumer Rights Act.

Short-term right to reject

Hello BankFodder, thank you for your input/reply. The machine was sent back to the trader: Coles Sewing Centre Ltd, Nottingham, this was accompanied by a (recorded) short term right to reject letter (Dated 11/02/2018) as well as an email containing a video of the machine's error. Another recorded was sent on February 18th reinforcing my request for a refund and clearly stating my rejection of the machine. The last phone contact I had with them was Feb 7th, I have no intention of speaking to them via phone because of their high-handed manner.

Should I try to go down the Section 75 route or Small Claims court? Your help in this matter would be much appreciated.

Good. You've done all the right things and now you are all set to go.

Section 75 should be cleaner and less hassle and less expense for you as there will be no initial claim fee. On the other hand, although we have often suggested a section 75 procedure on this forum, I'm not aware that anybody has ever come back and told us how it went, how easy or difficult it was, whether the trader eventually put up their hands – or any other information. For this reason I'm really not in a position to give you any advice. Hopefully somebody else will do so.

What I can say is that if the credit card issuer was eventually forced to give you a refund, I can imagine that this would produce a bit of bad blood between them and the trader – which is no bad thing and it might also make the trader think twice about causing any problems for you.

I have lots of experience of issuing small claims and I can tell you that for the most part, especially for smallish sums and issued against a trader, receipt of the court papers is remarkably effective. Especially when the trader is faced with a long journey to get to the court for a hearing. On the other hand, you might end up with the delay of anything from a couple of weeks to several months before you get your money back – and the court fee.

I can imagine that the credit card issuer will tend not to be helpful about handing the money back and they may also be a certain amount of correspondence between them and the trader before they finally agree to honour their obligations under the Consumer Credit Act.

For the moment, I would suggest that you give it a day or two and see what other advice you get on this thread from other people who have better experience of the section 75 procedure. At the same time you might usefully search the Internet to see if you can find anyone else who has had an experience under section 75 and maybe you can tell us about it here. This is how we build up our useful database of information and experience for everyone to use.

I've just tweeted them @Husqvarnastudio about this thread so that they will know what is going on and maybe they would like to come along and exercise a right of reply.

@Husqvarnastudio Shop owner refusing to give a refund http://cag.tw/26h5

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Husqvarna Viking Sewing Machines & Sewing Accessories from Coles Sewing Centre Ltd

 

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I have to say that looking around they seem to be a small company with a well deserved good reputation. It seems a shame that things seem to be going wrong on this occasion.

They are indeed a small family owned and run company (this is what first drew me to them) that and the fact that I already own another Husqvarna machine. The policies displayed on their site is impressive, but, they are not adhering to their own policies on this occasion.

After purchasing from them and encountering problems with the machine I started to look around the internet for information with regards to the performance of this particular machine.................. Based on what I found I would have never bought that particular machine.

The general opinions of a lot of Husqvarna owners is the machine has lost it's credibility since being brought out by a holding company. I cannot post links to Blogs with complaints of this particular machine (haven't posted enough to have this privilege) When raised the question with the shop about the faulty rocker arm and that Husqvarna had done a modification to their product I was told that the modification did NOT include my particular machine, but the model below it.

I had asked for a refund BEFORE reading these horror stories, the list of catastrophes regarding Husqvarna machines is endless, just check Facebook.

Hi this is Neil Coles of Coles Sewing Centre.

Thanks for the right to reply.

We are a small family owned business and try to give the best service we can, and have a lot of happy customers with Husqvarna Viking Sewing Machines.

We are also accredited with Buy With Confidence, the Trading Standards Partnership, who can guide a customer for free through any complaint,and if necesary follow up with a Trading Standards Officer looking into the matter .

I see little point in putting our side of the story here,(as there would be pages of it, but essentially we can not find the fault and believe it to be a user issue) but will try and contact the lady concerned to see if we can resolve it for her. It is clearly keeping her awake at night, and I have no wish to cause her and us any unnecesary stress, as I have got to the age when I realise life is far to short for such things.

For the record Husqvarna Viking Machines are wonderful products,and we have many happy customers using them.

The problem with forums is only people who have an issue complain on them, (and quite often a visit to the dealer would quickly resolve the issue) , the happy users of which there are many, have no need to, but there are plenty of them posting projects that they are delighted with all sewn on Husqvarna Viking Machines. Please check our facebook pages for more.

Hopefully we can make this lady happy, I am going to try!

Thanks for your time. Neil Coles

In response to Neil Coles' reply, I am grateful that you took the time to reply, thank you. Yes, it has caused me endless sleepless nights, but, as you've stated you are going address this matter I will not follow up with a very public slanging match, it is just not in my nature, and yes, when we all get to a certain age we like to live as close to a stress free life if possible.

Regards

Ok, are you happy for me to phone you?

Regards neil

Yes this is fine,but I need to let you know that I will be recording any phone conversation entered into.

Not a problem. I have left you a message, if you dont want to ring here, can you let me know a good time to call?

I just spoke to Neil Coles of Coles Sewing Centre Ltd. Mr. Coles has offered a full refund. Thank you.

Regards

Well this is a really top piece of customer engagement – and we don't see it very often on this forum.

A big thank you to Coles Sewing Centre and a final comment that if a company engages this rapidly in response to a forum complaint, then this can only create a great deal of confidence in that company.

I think we will close the thread