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What amount of time is "Reasonable"


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I purchased an upright VAX cleaner, middle of October 2011, from a local electrical store.

 

I used it once in November and it was working fine.

 

Saturday, 17th December 2011 - I cleaned one half of the lounge carpet ok. When I came to do the other half, the carpet cleaner started to dump the water from the clean water tank into the dirty water tank then leaked out all over the place.

 

I checked that I had put the dirty water tank back correctly. In fact there is no way to put it back incorrectly. OH has just taken the cleaner back to the store. Although they have said they will check it to see what it is wrong. They have claimed that I should be returning it to VAX and not them as it is outside the 28 days.

 

Are they correct, please ?

 

SOGA seems to imply that I am entitled to a refund if returned as faulty within a "reasonable" time!

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Hi CB

 

I don't think you would have bought it, if you thought it would have been faulty by Dec, lasted two months.

 

http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

 

How did you buy it? Credit Card or Visa Debt, see if you can do a Chargeback - don't hang around, clock is ticking. The retailer is responsible.

 

I purchased an upright VAX cleaner, middle of October 2011, from a local electrical store.

 

I used it once in November and it was working fine.

 

Saturday, 17th December 2011 - I cleaned one half of the lounge carpet ok. When I came to do the other half, the carpet cleaner started to dump the water from the clean water tank into the dirty water tank then leaked out all over the place.

 

I checked that I had put the dirty water tank back correctly. In fact there is no way to put it back incorrectly. OH has just taken the cleaner back to the store. Although they have said they will check it to see what it is wrong. They have claimed that I should be returning it to VAX and not them as it is outside the 28 days.

 

Are they correct, please ?

 

SOGA seems to imply that I am entitled to a refund if returned as faulty within a "reasonable" time!

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Thanks Rebel.. it was purchased by Visa debit card.. :)

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Contact your card provider, ask to do a Chargeback:wink:. Your in the 120 day period.

They should advise you to write a letter to the Retailer, send it Recorded.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

 

 

Thanks Rebel.. it was purchased by Visa debit card.. :)
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I have just spoken to the retailer and basically he is saying that he is only responsible for repairing it. I have explained that I would much prefer for him to return it to the manufacturer and I would pay the difference for a carpet cleaner that actually works.

 

He says he cant do that until he has seen what the problem is. However, VAX apparently dont have any stores in the UK that keep spares.. so if a spare is required it could take for bliddy ages.

 

How do we do a chargeback on a visa debit card please ?

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Who issued the Debit Card? You need to contact them, they do the rest or will tell you what needs to be done.

Further info:- http://www.dailymail.co.uk/news/article-1382928/Credit-card-firms-refund-price-faulty-goods-students-legal-battle.html

 

I have just spoken to the retailer and basically he is saying that he is only responsible for repairing it. I have explained that I would much prefer for him to return it to the manufacturer and I would pay the difference for a carpet cleaner that actually works.

 

He says he cant do that until he has seen what the problem is. However, VAX apparently dont have any stores in the UK that keep spares.. so if a spare is required it could take for bliddy ages.

 

How do we do a chargeback on a visa debit card please ?

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Ta x

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 weeks later...

Received a letter this morning from the bank to say that because OH was present at time of purchase and the pin was used.. the transaction was authorised. We know that and are not disputing it.

 

They totally misunderstood the fact that the item has been returned to store, the retailer is refusing a refund and as they have not contacted us since 19th December - date of return - we assume that they are not repairing it either.

 

I am speaking to the bank right this minute. The machine was physically taken into the store but no receipt was given to OH - they actually took copies of our receipts.

 

The Bank is saying they can do nothing about charge back because "OH could just be saying that he had returned the machine and hadnt really " ??

 

I understood the investigation they were supposed to do was to contact the supplier.. But they have not just the retailers bank..

 

OH has just gone to the retailer in order to obtain a receipt.. but I guess equally . he could turn round and say NO now .. sheesh!!

 

 

Any advice ??

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB

 

Retailers that do this really do annoy me especially when the Sale of Goods Act is your friend but retailers seem to like passing the buck or that customers dont know there rights.

 

Remember you purchased this item from that retailer not the manufacturer therefore your contract is with the retailer.

 

The retailer has a 28 days returns policy but this does not superseed the Sale of Goods Act and your legal rights under that act.

 

The item should have been 'Fit for Purpose' and to last no longer than one use obviously it was not.

 

I would write to the retailer concerned pointing this out and that you either require a full refund or a replacement. If they respond quoting there company policy then request that policy and see if it matches Sale of goods Act.

 

I would also copy the manufacturer into your letters as it will do no harm.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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I am soooo angry.. OH went to retailers to obtain receipt for the return of the VAX and they made him bring the damn thing back :lol:

 

They say they can find nothing wrong with it and I am too scared to try it out in case it dumps water all over the place again. I could weep, I really could.

 

I think I will write to the manufucaturer and see what they have to say.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB

 

What actual proof has the retailer given you that nothing is wrong with the VAX? (did they actually set the vax up in front of OH and operate it if not demand this is done).

 

I would send a formal complaint to the retailers Head Office and CC the letter to VAX so the manufacturer knows who retailers are dealing with there customers

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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