Returns and Traded in goods

[simj97]

Hi

 

Can someone let me know what my rights are for goods that received a trade in discount when purchased which are being returned due to not as described, where the traded in goods have been disposed of so can't be given back.

 

Can I claim the trade in amount?

 

Thanks

[perplexity]

Common sense applies.

 

If the goods fail to conform to contract you are entitled to restitution, to be returned to your original position before the purchase.

 

Usually this would be a simple matter of a refund but the complication of the trade in is no excuse for the seller unless there was some sort of contractual term to especially apply.

 

[simj97]

Thanks for the response.

 

The seller has agreed to refund the actual price paid. ie full price less trade in discount. However they are not able to return the traded in goods, so do they have to refund the full price.

[perplexity]

....so do they have to refund the full price.

 

Well, if you have not actually paid the full price there is no such thing to refund.

 

If you feel you've lost the value of whatever was traded in, the value of that is the issue if it is possible for a trader to argue that the notional value of the "trade in" was not supposed to be exactly equivalent to the reduction of the price.

 

Consumer law can't cover everything in view of such wide variety of circumstance. The case would rather have to be judged in it's merit, in view of whatever the deal was supposed to be.