thank you to you all you provide a great service and i shall be sure to mention your name whenever i hear that someone is having these kinds of issue in the future

here you go as promised

A FARNWORTH pensioner has thanked The Bolton News after winning a battle to receive a refund on a £3,200 TV.

 

Fred Pollitt, aged 93, of Lupin Avenue, Farnworth, bought the BeoVision Horizon set from Bang & Olufsen in Ramsbottom at the end of March, but decided he wanted to return it less than a week later.

 

However, the luxury electronics retailer refused him a refund, which he claims they said was because his wife Kath had signed away their right to a cooling off period.

 

But after the intervention of a neighbour, The Bolton News, and the Consumer Action Group, Mr Pollitt has now been awarded a full refund. He said: “I got in touch with them and said I was interested in buying a TV.

http://www.theboltonnews.co.uk/news/16218198.Pensioner_wins_battle_for_refund_on___3_200_television/

Hi quick update the company came and collected the television yesterday and gave Fred a cheque for a full refund all over and done with m,any thanks for all the help given here .The story in the Bury Times i still going ahead and im assured the group will get a mention

Andy

GDPR, i feel your pain and after being involved with GDPR at our place for a while now

it did make me think a lot more about lawful basis and consent etc and i have been very careful at each step with Fred to make sure he understands me and what i have been doing on his behalf.

I spoke to him re the press visit tonight and it is going ahead as per plan if only to give other some exposure to other people who may be in the same position.

I can assure you that Fred although 93 now is still in control of his faculties and GDPR deadline isn't until 25th May i am glad all this should have been sorted by then

Andy

I think he was unsure so he erred on the side of caution and i did say well done to him !!! I can go over this afternoon and take some pictures of the set to make sure they don't differ to ones that may be taken at the shop after collection.

He has also asked me to unplug his DVD player as i think he is sending the whole lot back looking forward to Friday and the imminent resolution of this Will keep this thread posted

Just spoke to Fred and 2 people called this morning to collect the television.Fred told them he was not willing to let them take anything until he received a full refund , they arranged with him to return on Friday with a cheque for the full amount and he said he will then release the TV and DVD player to them.I will go over later and take some pictures of the set confirming it is in the same condition just in case in there are any problems

Andy

Well update Fred has received a phone call telling him 2 men are coming today to pick up his television i did ask whether he was getting a full refund but he doesn't know is there anything i need to be aware before they come i am at work today but i could nip out i suppose.

He did mention that one of the people coming is the Director

Certainly not !!!

Hi i did have a look at the first bit but the whole thing is big is Friday night i'm having a beer and watching football will have a read through it tomorrow

I know now that they have received pre small claims letter and it was signed for by the person who i sent it to hoping that might spur him into some action

Sorry to keep asking questions Fred is now registered on MCOL when i start the claim do i claim against an individual or an organisation ?

thanks and i cant guarantee there won't be more questions

Ok i will set this up today and update you further

Well they have no email and I'm not sure whether Kath Kathleen or Katherine or Kathryn so I will do his tomorrow I know Fred isn't too well at the moment so I don't want to go and disturb him

Andy

I just started the claim process and it shows me as the claimant and no way to change it ??

Yay that will do for me

This account do i set it up under my own name?

I have posted the letter today recorded delivery and some press involvement too possibly a big boy on our side i will tell you if it looks like its going to happen

Lets hope it does i will print 2 copies and get one sent to them recorded

New Letter i will print this off and get it sent tomorrow

"Mr Paul Braithwaite

Bang & Olufsen of Ramsbottom

8 Square Street

Ramsbottom

BL0 9BE

 

As you know, on the 23rd March 2018 I entered into an off-premises contract with you for a Beovision Horizon television system for a total of £3,200 this included an Easel Stand and a Beovision Remote control and a Samsung Blu Ray player which was delivered on 5th April 2018.

 

Despite the fact that I am entitled to a statutory 14 day cooling off period, when I informed you within six days of delivery that I was rejecting the goods as they were not appropriate to my need, you refused to accept them and to give me a refund.

 

You have maintained this position despite messages from me and also from your head office in Denmark.

 

If I do not receive a full refund from you within 14 days then I shall begin an action in the county court to recover my money and associated claim fees without any further notice.

 

Yours Faithfully,"

One last question looking at the receipt it shows 23rd March is that the contract start date or is the date it was delivered the contract start date? Also i did not inform them until the 11th April when i emailed them

Installation was the removal of the existing stand (it was on wheels) which i believe was done way from the house and attaching the easel stand and then bring the TV into the house installing the blu ray player and setting up freeview

This is the receipt it might make more sense now

The reason why i claimed less was because there was no price mentioned for the Blu Ray player it was classed as included according to the receipt and there was an £150 charge for installation which i thought would be due as they did actually install iLooking at the bill i tottalled up the listed item the TV the Stand and the Remote

I am happy to take your letter and whilst i was writing i did think maybe im including too much i will re write it and post before i send it

Andy

Here is the letter i intend to send please can anyone look over this and advise me of any errors or omissions this is template from an online source

"Mr Paul Braithwaite

Bang & Olufsen of Ramsbottom

8 Square Street

Ramsbottom

BL0 9BE

 

Dear Sir,

Reference: Refusal of refund request during cooling off period

 

As it has not been possible to resolve this matter amicably it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

We ordered as follows

1. Beovision Horizon-40 Black

2. Beovision Horizon Easel Stand black

3. Beoremote One BT Silver

We paid a deposit of £320 by cheque with the balance to be paid on delivery by cheque.

I have emailed you stating that I wish to return the Television as I am not happy with it under my statutory 14 day cooling off period on the 11th April 2018 and asked you contact me within 14 days to arrange collection and have received no contact from you

From you I am claiming a full refund for the cost of the Television and Easel Stand

I have calculated this sum to be £2,930 plus costs

Listed below are the documents on which I intend to rely on in my claim against you:

I will be using the receipt of sale and terms of trade documents supplied by your company

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 28 days.

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully, "

 

If all ok i will get this signed tonight and post recorded tomorrow

thanks

Andy

Thank you i still plan to ring them although this may happen this afternoon now the whole situation leaves a really bad taste in the mouth if i get anything back from the phone call i will update this and will try to phone the Bolton Evening News and see if they are willing to do a story

thanks again

Andy