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please bear with me - only used this forum once before a long time ago but i found it EXTREMELY helpful when i was threatened with bailiffs over a car parking fine that i suspect was bogus.

 

My problem today is that i purchased a multi fuel stove from internet company a few months ago. I had many, many discussions with their salesman and ordered the self same stove that i have had for nearly 30 years so that it would make life simple for connections etc.

They had changed the design slightly but was assured that if i bought a flue and a 90 degree bend we could overcome that.

We have tried many ways with many plumbers/builders and basically it cant be done. The stove is out of its packaging but never been touched. They now say i am over my time to send it back even though i offered to buy a replacement stove through them.

The manufacturers have been sympathetic and said they would take it back but it is the supplier i am having problems with. The manufacturers also told me that a 90 degrre bend can never be used with this type of stove - it is against regulations!

Surely on this point alone they should agree to take it back? Where do i stand??

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Welcome back to CAG.

I think we need to be asking some more questions to advise.

Meantime will move this to another forum.

 

How were your communications with salesmen conducted ?

You say out of time-when did you purchase it and when did you ask them ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you for replying and sorry for the delay in answering, things hectic this end. I purchased the stove on the 9th Jan 2009 from stovesareus who are an internet based firm. I specifically asked about a yeoman stove as this is what i already had and it had been a good stove. I explained i had the yeoman county and would like to replace it with a yeoman county because it had been reliable and it would 'fit' where the old one had come out.

I took delivery on 17th Feb 09 and found that yeoman had changed the design of the county stove. i rang stovesareus and explained in great detail about height of outlet pipes etc etc and they said if i had a flue pipe and a 90 degree bend that would sort it out.

i decided not to fit it until the summer when i could do without heating and have time to 'clean up'. the builder and plumber arrived and when the plumber spoke to the technical dept at yeoman, he immediately told him that a 90 degree bend should NEVER be used with that model and it was against building regs.(the heat cant escape fast enough for such a big capacity stove) Because of height restriction etc we have tried lots of ideas (such as lowering the floor - but again not allowed for building regs) and we cant fit this model of stove. The stove is out of its packaging but never been touched. Stovesareus will not look into taking it back even though i would be willing to but a replacement stove through them. Yeoman have been very helpful and said they would take it back into stock if stovesareus were to return it and sent stovesareus an e.mail to confirm this but still they won't consider it !!!

Where do i stand? I have a brand new stove that cost over a £1000 and cant do anything with it!!

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I have eventually after a fight got the company to agree to take the stove back but they want delivery costs reimbursed £50 x2 and also a 25% restocking fee. As the stove cost over £1000 that would total approx £350! A lot of money for sending me the wrong product. I have wrote to them saying as much. Is there any legal precedent like 'selling me a product unfit for purpose' that will give weight to my argument?

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Have you complained to Trading Standards via Consumer Direct - Contact us If the goods weren't fit for purpose it comes under their remit.


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Thank you cerberusalert - i have contacted consumer direct and wait their reply. Again - many thanks

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Strange that this thread is still in the welcome forum.

Will move it now.

Keep us posted.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I have eventually after a fight got the company to agree to take the stove back but they want delivery costs reimbursed £50 x2 and also a 25% restocking fee. As the stove cost over £1000 that would total approx £350! A lot of money for sending me the wrong product. I have wrote to them saying as much. Is there any legal precedent like 'selling me a product unfit for purpose' that will give weight to my argument?

Yes.

 

Under the Sale of Goods Act 1979, goods must be of satisfactory quality, fit for purpose and as described.

 

Since you made it abundantly clear what your specifications were, they sold you goods which were not for purpose and not as described.

 

As they are in breach of SOGA under those, you have a statutory right to get a FULL refund and it is up to them to bear the costs of collection.

 

Here goes:

 

Dear Sir/Madam,

 

Thank you for your offer of a partial refund, however it is not acceptable to me that you should try to charge me for what was essentially your mistake.

 

Under the terms of the Sales of Goods Act 1979 (as amended), goods MUST be of satisfactory quality, fit for purpose and as described.

 

Considering that I went to great lengths to tell you exactly what were my needs and specifications, and furthermore that you sold me this stove by misleading me about those specs and that it has been confirmed by the manufacturer that the stove CAN NOT be used with a 90 bend as it is against regulations and you therefore potentially put me at risk, I think that it is quite clear that you sold me a stove which was both unfit for my purpose and not as described.

 

It is therefore your responsability and legal obligation to come and collect the stove at your expense and I will NOT agree to pay any "restocking fees" to which you are not entitled. I haven't changed my mind about the stove, I was mis-sold it and I am sure as hell not going to pay a penny towards YOUR potentially very dangerous mistake. Indeed, I find it incredible that you want to charge me when your salesman, in an attempt to secure a sale, offered blatant disregard for my safety, something for which you should be apologising and offering me considerable compensation.

 

Please confirm within 7 days in writing that you will be collecting the stove at your expense and at least inconvenience to me, and that the refund of my money in full will be done forthwith. Please note that failure to comply means that I will have to issue a Small Claims Court to force you to comply with my statutory rights and that this will incur additional costs for you, as well as the possibility of a CCJ beign registered against you. Should I have to go to court, I will also claim my costs in so doing + statutory interest at 8% and I will also ask the court to award me compensation for the trouble your negligence has caused me over the last few months.

 

Yours, etc...

 

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

 

Rule number one: There are some people in life, you have to stand on their toes until THEY apologise. This is one of those cases. ;-)

 

Let us know how you get on.

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Got your PM, where you told me they ignored you, what should your next move be?

 

Send them a second letter, repeating what you already said, title it "LETTER BEFORE ACTION - DO NOT IGNORE", expressing your disappointment with their lack of response and giving a further 7 days to resolve the issue or you'll issue small claims summons without further warning. On the 8th day, sue them. We can help with what to say on the summons too.

 

Don't threaten them with court unless you are willing to go through with it though. ;-)

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I have eventually after a fight got the company to agree to take the stove back but they want delivery costs reimbursed £50 x2 and also a 25% restocking fee

 

Is this returns policy stated on their website t&cs? They can't make it up as they go along.

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Hightail, that would be irrelevant anyway, we're talking of a statutory right here, so T&Cs can't aim to restrict those. ;-)

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It's just another thing to beat them over the head with as they haven't been too wonderful so far. I've had a quick look on their website and I can't see anything about a restocking fee. Companies use this sort of thing as a delaying tactic and it can be worth having that evidence to hand to show why you've waited before taking action.

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Very true. :-D

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I love you guys/gals - you feel so alone against these 'big bullies.' I will send them correspondence tomorrow - if I was to sue, what costs are we talking about ? Do you have to actually appear at a small claims court and where would it be held - my turf or theirs ??

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Read this, it has most answers to your questions about small claims:

 

Making a Claim

 

As an individual against a company, the claim would get held in yuor local court.

 

Yes, you would have to appear, it's always best to, but it's not like what you see on TV, it's more like parents' evening, lol.

 

If you have a read in the bank charges Library, there are threads which explain how to prepare for a SCC hearing, it is nowhere as daunting as you'd think, and there's a fair chance they'd cave in before anyway.

 

Once you initiate a court case, you should add your court fees + stat 8% APR, and you should also start keeping a log of how much time you spent dealing with this case, research, printing etc... (including time sent on this time as part of your research)

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sent last letter as suggested - please dont ignore etc. 7 days.

no response so after the seven days i phoned them as i didn't want to initiate court proceedings and them say - didn't get e.mails, internet down etc.

The lady i spoke to said could she have more time to look over the details ! - I said another 7 days on one condition - she replied and confirmed in writing what we had agreed.

Today was 7 days and they left it to last minute but:

 

'Your file has been reviewed by the Manager, and he has decided to allow you to return the stove without any restocking fee as a goodwill gesture. This offer is conditional upon:

- the stove must be in good condition as described in our returns policy

- you must complete our online return form within 7 days - you can find instructions by following this link

discount prices online

- the stove must be returned within 30 days

Regards, Stores Direct'

 

So hopefully - RESULT :):):):):):)

Just have to be careful now on this 'returns policy ' and not give them the option to say it has been returned damaged as i suspect they might !!

I thought i would get a part-time policeman in the village to witness the 'perfect state' of the stove and sign a statement saying so and make sure that the courier can view stove before packaging and sign similar declaration. Don't these experiences make you cynical - or is that age - or a combination ??

I will keep you posted but certainly on the right road - THANKS FOR YOUR HELP.

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Well as I guessed - they are still being awkward - I arranged with a courier to take it back to Elland where they are based and when I got the paperwork back I have to return it to Devon!!! - to the manufacterer. This of course is going to cost me twice as much with the courier. I have been on the phone to them about 4 times today and firstly she said it states that in their returns , when I pointed out that it doesn't she changed tack and said that it states that they will e.mail you an address. She was adamant that this was the final decision of the manager. I am so sick of this whole business I think i will just bite the bullet and send to Devon - at the cost of nearly £100 which by rights they should pay since thet sold me a stove and assembly which is against building regs ! Dont ever deal with Stovesareus or Stores Direct.

Thanks for all your time and help folks

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Well - I have eventually after all these months got my refund last week and took delivery of a new stove a couple of days later. So nice to have the heating on again, hot water and dry towels - luxury.

Once again thanks for your help guys - the support was much appreciated

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Well done, but I hope that you are going after them for refund of the sending the stuff back, there is no reason whatsoever you should be out of pocket. Gesture of good will my backside, they're completely at fault and know it.

 

Don't let them get away with this! :mad:

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