Tesco Credit Card & Distance Selling Act

[MJay69]

Hi There,

I am disabled. Following an internet search, I bought a rise & recline chair from a retailer on the assurance that I had a 60 day return guarantee if unsuitable (as per a telephone conversation with their sales rep). A VAT refund was also promised because I am disabled. I paid by Tesco Credit Card.

 

The chair was not as stated in the advert i.e. it promised lumber support and showed this in a diagram representation. This was not there.

 

I telephoned and emailed the retailer a day or two later and persisted in contact over three months. The site owner wanted collection fees and even when I agreed to pay, did not follow through. He made promises but never kept them and even the promised Tax refund was never given.

 

I eventually put the matter in the hands of the Credit Card company who denied responsibility and spoke of ‘personal choice’ in relation to the goods not being suitable. I took independent advice and was assured that because the diagrams were misleading, my prompt reply in telling the company the chair was unsuitable, I am covered by the Distance Selling Act.

 

The Tesco consumer advice person was so rude and abusive in his manner of refusal, I complained to his supervisor and insisted all future contact with them is in writing.

 

That was five weeks ago and I have heard nothing since. The chair cost £540, is huge and occupies a great space in my living room which means I cannot get one that does meet my needs. What can I do?

[gyzmo]

Just to nitpick - its the distance selling regulations that it is commonly referred as. But that's by the way. Few issues here.

 

1. The goods are not as described. This is a breach of sale of Goods Act (or rather the equivalent in supply of goods and services act - the effect is the same). This states that goods must comply with any descripion given to them.

2. Distance selling. The regs do not allow for charges to be made where goods are returned under the provisions of the regulations due to a breach of legislation (as in 1 above). If you stated your desire to return the goods within th timeframe given, then the seller has breached the regulations.

3. Credit. Where there is potential for a claim against a seller for breach of provision of legislation (as in 1), then the creditor is jointly and severably liable. What they said to you is a pile of tosh (but not surprising).

 

You need to write back to the company informing them that you insist on return of your money as the goods do not conform to the contract. hey are NOT allowed to charge a restocking fee, collection fee or any other type. If they refuse, contact Trading Standards in your area (which I believe is 0151 2333002 - they do not use Consumer Direct as they have their own advice provision) who will be very interested in this kind of behaviour.

 

Also write to your credit card company TELLING them that you will hold them liable as entitled to under the Consumer Credit Act (someone else will come along and advise which section - don't have it in front of me).

 

Do keep us updated and good luck

[MJay69]

Thanks for this, Giz.... Will keep going on at Tesco.

 

keep up the good work and get qualification behind you NOW.... Get no easier with age - honest!!

 

Cheers

 

Mary