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  1. I am in the process of requesting a chargeback, I just think it is wrong that the retailer can breach the consumer regulations without consequence unless the customer can afford to take them to court. CAB are useless they mis informed me initially and now agree that I am within my rights but are unable to help me get my money back. Let’s hope the chargeback is successful
  2. I have emailed and written to retailer. They say they will only repair or replace.
  3. This is the latest reply from CAB - apparently my TS do not act for individual cases . Thank you for your e mail about case reference number xxx Thanks for updating us about your problem. We understand that the trader is still refusing to refund you as they believe that you are not entitled to this and that you would like for Trading Standards to either contact yourself or the trader to confirm what you are entitled to. If the trader in question has a build-up of offences which have been registered with the consumer service and Trading Standards, Trading Standards may consider taking action. However, when it comes to individual cases, the responsibility to take the trader to court may be the consumer’s. Complaints against the trader must be logged through the correct channels – online comments etc. are not enough to take a trader to court. Unfortunately, Trading Standards in your local authority do not get involved in individual cases. This could be for many reasons – staffing, resources, funding etc. We understand that you may find this frustrating. However, funding decisions for your local Trading Standards, which ultimately dictates the available resources, are made by your local authority. You may want to consider making your council aware of your dissatisfaction. Your next steps If you are unable to resolve this matter directly with the trader then you may wish to look at mediation through an Alternative Dispute Resolution scheme to try to come to an agreement out of court. ADR schemes are seen to be a quicker and cheaper alternative to court action and are usually free schemes, although there may be a fee with some organisations. You can find more information regarding the ADR process here. It is worth noting that the consumer is not bound by the findings of an ADR scheme and if you are not satisfied with the findings you may take the matter to court, however the court may take into account the finding from ADR and also if there is an ADR scheme in place the court may request you contact them. There is also no obligation for the trader to enter into mediation and they may refuse to do so. To avoid court action it may be worth checking to see if the company are a member of an Alternative Dispute Resolution (ADR) Scheme and requesting their complaints process, if not then you will find a list of independent schemes here. There is an option beside each scheme for further information which outlines what they deal with and their processes, you will also find their contact information. What we do We will continue to notify Trading Standards of the trader's activities. Whilst this would not help with your complaint, this is valuable intelligence for them, which may be taken into consideration in any future dealings they have with the trader.
  4. If CAB are correct in what they have said above that I can only request a repair or replacement not a refund for the faulty item.
  5. No they have simply replied with what I have posted above that’s why I’m confused x
  6. Do you mean cab? Yes they know it was purchased online x
  7. This is the response from citizens advice bureau - it is no longer possible to contact TS directly, it has to be made via CAB. Dear Mrs xxx, Thank you for your enquiry to the Citizens Advice Consumer Service. Your reference number is - xxx We are very sorry to hear of your issue with an inflatable airtrack from Xxx . Several emails were sent to the trader at their request. They have offered a repair or replacement instead of the requested refund. Your rights and obligations Under the Consumer Rights Act 2015, all goods supplied by a trader must be of a satisfactory quality, this means that the goods should be free from faults, safe and durable. If you consider the item defective and not through misuse or fair Wear and Tear, you may be able to pursue the trader for one of the following: - ‘A free repair or replacement’ within a reasonable timescale. Should the consumer select this option within the first 30 days, the short term rejection window (as above) freezes and the consumer will have a minimum of 7 days upon return of the item to reject if they so wish if the issue is not resolved. In these circumstances, the burden of proof is on the trader to prove that the item is not inherently defective and has instead been affected by consumer damage, misuse or natural Wear and Tear. - ‘Final right to reject’ – Beyond the first 30 days and within six months, if a repair/replacement has failed to resolve the issue, the consumer reserves the right to make a final rejection request for a full refund or accept the goods at a reduced price. In this scenario, the burden of proof is on the trader to prove that the item is not inherently defective and has instead been affected by consumer damage, misuse or natural wear and tear. In addition, beyond the first six months, if the final right to reject is used, a trader may reserve the right to adjust a refund for any fair wear and usage of the item. You may be able to seek a refund from your bank or card issuer if they have a chargeback scheme. You should check the terms of your account and if a chargeback scheme is provided, submit your claim in line with those terms. Your next steps At this stage it might be best to simply discuss the matter with the trader. However, if you are unable to reach an agreeable solution you could take a more formal approach and write. Your letter should outline all relevant events and make it clear both what action you expect from the trader, and why. It should also give the trader a reasonable time in which to respond to your claim(s), e.g. fourteen days. In addition, sending your letter by “recorded delivery” will provide you with proof of posting; a signature on delivery and online confirmation of delivery. So based on the above it appears that I cannot pursue a refund via CAB / TS ?? I’m confused I thought a faulty item was eligible for a refund under consumer law?
  8. Thank you, that’s great I meant which address for TS x
  9. Just wondering which is the best way to proceed with this.? A chargeback via my bank or report to trading standards. Also which address should I use the one detailed on the website or the one that the company emailed me? Thank you x The website address is london the one emailed to me is Llandudno x
  10. hi i explained the advice that i was given in the earlier posts eg that under the cra i am entitled to return a faulty item for a refund etc etc. I agree dragon fly !! Thank you both xx
  11. Hi I explained the above via email to them and this is his response. “your track was custom made to order it is in our terms and condition and is in our returns policy if the track is faulty we will refund or we reserve the right to repair the track if we can and return it, if you would like trading standards to contact me I am more than happy to explain custom made items and my right to them , but im quite sure they already no thanks “
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