Jump to content


  • Tweets

  • Posts

    • Spoke to my SIL a short while ago Andy and he had the following to say.....     No, he had left their employment by this time, in fact he left January of this year.     August 2013 up until January 2020     Yes, in fact he had a staff MORE card.     He laughed and said "Hell Yes" This even extended to the pubs deputy manageress whom he described as the worst offender and knew that my SIL was doing it as well as other staff members.   There is a story here....   He told me that after he had left, the company fraud guys came in to do an audit with her unofficially being the main target. He has an idea that she may well have been caught with her hand in the till and so she sang like a canary to save her own arse.
    • this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started   please is the actual deadlock letter binding, or can they just noll and void it like this?   Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property  and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,  
    • Every year the chancellor doles out billions of pounds of taxpayer money, but where does it go? View the full article
    • Amigo has posted a statutory loss before tax of £62.6m, for the six-month period ending 30 September, after reporting a profit of £42.3m for the previous half-year View the full article
  • Our picks

Halfords won't refund as no packaging.***Resolved with full refund***


Please note that this topic has not had any new posts for the last 3483 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Just a quick query, I bought a car stereo from Halfords approx 3 weeks ago, fitted it and it worked fine for a while.

A week later it developed a fault and I have tried to take back to Halfords for a refund.

Despite having ther full receipt and even the £10 gift voucher offered as I had spent over £50, they are refusing to refund me as I had disposed of the packaging and instructions. All they will do is replace with another stereo and remove the packaging from that or get it repaired.

I have already replaced the stereo with something else, so this means I would be stuck with a stereo I no longer require.

Where do I stand on this?

Thanks

Working to remove my debts

Link to post
Share on other sites

You dont need the original packaging if the goods are faulty and you have the receipt.

Ask to speak to the manager and say you will give them one more chance,to refund your money,or will be reporting them to Trading Standards,or issuing a small claims for your money back.

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.

 

 

Link to post
Share on other sites

It's faulty they have to accept it back under the SOGA packaging or no packaging.

 

If your after an exchange. You can always suggest they use the replacements box if they are so desparate for it.

Link to post
Share on other sites

They are telliing me they dont have to accept it with no packaging, and will only replace or repair, I can't find where SOGA shows they have to accept it with no packaging. Sorry! Is there anywhere I can find this to take to the shop with me?

Working to remove my debts

Link to post
Share on other sites

Turn it on it's head. Tell the manager to prove to you that the SOGA allows for no refund unless you have the packaging.

 

Also tell him that when he shows it to you you'll show it to Trading Standards as they obviously are unaware of this change in legislation ;)

Link to post
Share on other sites

I spoke to the manager on the phone, he has said that he will accept it back with no packaging but won't accept for refund with no instructions.

Working to remove my debts

Link to post
Share on other sites

Still refusing, saying they don't have to refund but are happy to send off to repair or exchange. I purchased it on the 24th of April so within 30 days?

Working to remove my debts

Link to post
Share on other sites
Turn it on it's head. Tell the manager to prove to you that the SOGA allows for no refund unless you have the packaging.

 

The packaging would be a matter of the policy of the store, beside the point with regard to the rights of a consumer defined by Article 3 of the EU Directive 1999/44/EC (implemented by Part 5A of the Sale of Goods Act, according to which the consumer may require an appropriate reduction of the price or have the contract rescinded when the buyer may require neither repair nor replacement of the goods, or when the seller is in breach of the requirement repair or replace within a reasonable time and without significant inconvenience to the buyer.

 

Therefore, where the seller is able and willing to repair or replace in good time and with no significant inconvenience, there is no particular right to a refund instead, except that the terms and conditions of a contract promised as much.

 

P.S.

 

If you don't believe it, here is the relevant section of the SOGA:

 

48C Reduction of purchase price or rescission of contract 

 

(1) If section 48A above applies, the buyer may—

 

(a) require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or

 

(b) rescind the contract with regard to those goods,if the condition in subsection (2) below is satisfied.

 

(2) The condition is that—

 

(a) by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

 

(b) the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

 

(3) For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

Edited by perplexity
P.S.
Link to post
Share on other sites

Nothing is required other than the faulty item and proof of purchase. You don't even need the actual receipt, just proof you bought it - ie credit card statement, but receipt is always best of course.

 

They MUST refund if faulty within 28 days. No question.

Link to post
Share on other sites
Nothing is required other than the faulty item and proof of purchase. You don't even need the actual receipt, just proof you bought it - ie credit card statement, but receipt is always best of course.

 

They MUST refund if faulty within 28 days. No question.

 

The right to an unconditional reimbursement within a period not exceeding 30 days, when a contract is cancelled, is a part of the Distance Selling Regulations. I am assuming that the purchase in question was from a local store, not a distance contract.

Link to post
Share on other sites

Don't worry about that. Their own store policy states they will refund faulty items within 28 days. It doesn't say anything about manuals or packaging. This is in addition to your consumer rights.

Link to post
Share on other sites

Absolutely.

Small claims needs pre action protocols,and evidence of it.

Trading Standards,would also want to see some evidence that you have tried to sort it with the trader.

I suggest that since the manager has made it clear that you are not getting a refund,that you put something in writing ASAP.Take it to the store and ask for a reciept for it,send a copy to their HO,and keep one for yourself.

Give them 7 days to comply or else respond in writing that they will not be doing so.

I think that the manager will take a different view once he sees you are not letting it go-and also sees that you have cc'd the letter to their HO

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.

 

 

Link to post
Share on other sites
Don't worry about that. Their own store policy states they will refund faulty items within 28 days. It doesn't say anything about manuals or packaging. This is in addition to your consumer rights.

 

:shock:

 

According to the Terms and Conditions published on halfords.com the relevant policy (Unwanted Goods) is precisely this:

 

If you decide that you do not want any item that we have delivered, we are happy to offer you an exchange or refund within 28 days of delivery, provided that it is returned to us in its original and unused condition (including in its original packaging), along with the wrapping and delivery note (as proof of purchase).

If there is something to another effect, elsewhere, it might be helpful to tell us where to find it.

 

:???:

Link to post
Share on other sites

Irrespective of their own terms or refund policy-you are entitled to a refund since the goods are faulty.

The clock is ticking-forget the phone calls-take some pro active steps to force their hand...and your rights.

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.

 

 

Link to post
Share on other sites

I agree Martin but the fact their policy also allows it should make discussions with the store easier. Of course youcan take your suggested route and avoid dealing with the store completely.

Link to post
Share on other sites

The store manager will have discretion to resolve as he/she believes will be appropriate,within his brief,and of course in consideration of the regs......thats what distinguishes between good managers and bad ones.

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.

 

 

Link to post
Share on other sites
:lol:

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.

 

 

Link to post
Share on other sites

The bit I don't understand is that if the item is faulty it goes back to supplier for credit. Why the manager is wanting to offer poor service when there is absolutely no incentive to do so is confusing.

Link to post
Share on other sites
Sorry link not working from my phone.

 

Google 'Halfords Refund' and it's the first link

 

:shock:

 

The terms of the "FAULTY GOODS" part appear to be "If you purchase a product online ......." etcetera.

 

Irrespective of their own terms or refund policy-you are entitled to a refund since the goods are faulty.

The clock is ticking-forget the phone calls-take some pro active steps to force their hand...and your rights.

 

---

 

A buyer is entitled to reject goods within a "reasonable time" to be allowed to inspect the goods "when the seller tenders delivery of goods to the buyer"; c.f SOGA section 34.

 

The OFT give an example of a period of six days, with regard to the rejection of a loose switch. According to that advice the seller may offer a replacement.

 

If you're willing to risk the cost of a legal action on a period of three weeks, I wish you luck. What I am not so willing to do is recommend to somebody else to take a risk that I would not be so willing to take for want of an automatic right to a refund that does not in fact exist.

 

Were it possible show that every one of the items available to replace the original purchase is likely to be as bad, the case would be that much stronger; I would therefore recommend to have a word with Trading Standards about it. Short of that I am not at all so sure of why not to accept a replacement, the need being to act in good faith, not to look for trouble.

Edited by perplexity
Link to post
Share on other sites

Well blow me.

Firstly, thanks for all your help, it's appreciated.

I walked back into Halfords, stereo under my arm, speech in my head and SOGA printed in my pocket.

I walk over to the counter and before I manage to say anything at all he says to me, " ok **** will serve you" When I said I hadn't got the instructions etc he just said "if you haven't got it, you haven't got it she will sort out your refund"

He didn't look very happy to be fair but I thanked him for his help and off I went.

Stunned!

Working to remove my debts

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 3483 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...