Direct TV's - Tried to sell me a used TV as being new

[wilsul]

Hello

Can anyone help with advice on this?

 

I bought what I thought was a new TV online this week.

I'd been on Toshiba UK's site on Monday and chose a TV to buy.

On the same page as the description of the TV was a "where to buy" button which gave a link to Direct TV's.

I used the link to get on to Direct TV's site and ordered the TV.

I paid a bit more for next day delivery because I wanted to watch the England game on Tuesday night.

 

Sure enough, it was delivered on Tuesday.

When I opened the box it was very obvious straight away that this wasn't a new TV.

The power lead and plug were just stuffed loosely into the box and not secured.

It was in poor condition and had scuffs, scratches and greasy fingerprints on it.

The bezel around the screen was very loose as well.

You can see what I mean here https://www.dropbox.com/sh/3me9kqgqrh3j5u8/XUZNoGKnR8

 

I got in touch straight away with Direct TV's using their "emessage" system but they left it until the next day to reply.

After several emessages between us they wanted photographic proof of my claims.

I gave them this and a return was eventually sorted out for tomorrow (Friday 22nd June)

 

Fair enough you'd think, but after reading their t&c's it turns out that they won't refund any delivery charges and they will charge for the return!

 

I'd be grateful for any help with this because I think that this is straight forward deception.

They have deliberately tried to dress up a used TV and sell it to me as being new.

There was even a power use sticker put on the front of it!

I don't see why I should be paying for any of this.

Edited June 21, 2012 by wilsul

[rebel11]

Hi wilsul

 

Have a read of the following:- http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

3.48The DSRs require you to refund any money paid by or on behalf of

the consumer in relation to the contract to the person who made the

payment. This means the full price of the goods, or deposit or prepayment

made, including the cost of delivery. The essence of

distance selling is that consumers buy from home and receive goods

at home. In these circumstances, almost every case of home

shopping will involve delivery of the goods ordered and so delivery

forms an essential part of the contract.

 

3.55 If you want the consumer to return the goods and to pay for that

return, you must make it clear in the contract and as part of the

required written information – see paragraph 3.10. If the consumer

then fails to return the goods, or sends them at your expense, you

can charge them the direct cost to you of the return, even if you

have already refunded the consumer’s money. You are not allowed

to make any further charges, such as a restocking charge or an

administration charge.

 

3.56 If you did not include these details in the required written information

then you cannot charge anything. See paragraph 3.10. You can never

require consumers to pay the cost of returning substitute goods –

see paragraph 3.1 for more information.

 

3.57 If the goods are faulty or do not comply with the contract, you will

have to pay for their return whatever the circumstances

[wilsul]

Many thanks rebel11, some great information there - just what I needed!

What surprised me was that they thought the TV looked new!

I emailed Toshiba UK earlier on and asked them to stop linking to this company from their site.

No reply yet.

[rebel11]

Please let us know how your problem has been resolved, it could help fellow Caggers.

[wilsul]

OK rebel11

I'll do that as soon as possible.

Thanks

[wilsul]

Here is an update.

As mentioned above, a return was arranged for Friday 22nd June.

DHL collected the TV as arranged.

 

I sent Direct TV's an eMessage on Monday morning (25th June) because I hadn't heard any confirmation that they had received the TV.

I had to wait until Monday afternoon for a reply, they said "I can confirm that we haven't received the item yet...We will provide you with a update shortly."

 

Shortly? They sent me an eMessage late on Tuesday afternoon saying "We've issued a refund for your return...If you paid by credit or debit card then you don't need to do anything now, the money will simply appear in your account in 5-7 days."

 

I've sent them several eMessages asking how much the refund is.

They haven't replied to any of them so it looks like I'll have to wait to see if they pay the right amount - if they pay at all!

 

It all feels a bit dodgy to me.

Any advice or comments would be appreciated.

[rebel11]

Hi wilsul

 

You could give them a ring or just wait a couple of days. They would be silly not to refund, as they've sent a e-mail saying they would.

[wilsul]

hello rebel11

I'm just a bit nervous after reading some horror stories about them online - taking so-called "fees" from refunds.

That's why I sent them the eMessages asking how much the refund was.

They havent replied to any of them so it's making me a bit nervous.

I think I'll do as you say and wait a couple of days and see what happens.

Thanks

[wilsul]

Well I waited and Direct TV's have partly refunded me.

They haven't refunded the original delivery cost of £14.95.

I've tried to contact them several times but they don't reply.

As shown in a previous post the DSRs require that refunds should include the delivery cost.

I don't know what to do next because they don't respond.

Any advice/comments would be appreciated.

[rebel11]

Hi wilsul

 

So, they've charged for return, is that correct?, how did they take this payment?

[wilsul]

Hello rebel11

No they haven't charged for the return.

They haven't refunded the original delivery charge - just the price of the TV.

[rebel11]

how did they take this payment? Credit Card / Visa Debit Card?

 

Hello rebel11

No they haven't charged for the return.

They haven't refunded the original delivery charge - just the price of the TV.

[wilsul]

Visa debit card

[rebel11]

Hi wil

 

Contact your Card provider, tell them you want to do a Chargeback for the delivery charge. Explain that you've contacted the Retailer, but they are ignoring your requests. Explain that it's against DSR and that you are entitled to a refund.

 

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

 

Also check your statements for next few months, just incase they decide to take a charge for the return of the product.

 

Let us now what the card provider says.

 

Visa debit card

[wilsul]

Hello rebel11

Many thanks for that information, I'll do that.

Like I said in a previous post, I've read stories of Direct TV's doing the same thing to other customers.

Thanks again.

[rebel11]

Let us know what happens so that we can mark this thread 'Resolved'. You shouldn't have any problems getting a Chargeback.

 

Hello rebel11

Many thanks for that information, I'll do that.

Like I said in a previous post, I've read stories of Direct TV's doing the same thing to other customers.

Thanks again.

[wilsul]

OK rebel11, I'll do that as soon as possible.

Thanks.

[wilsul]

Sorry for the VERY long delay in replying - due to ill-health.

To cut a long story short after asking Direct TV's again (twice) for the original delivery charge to be refunded, a few weeks later they refunded it with a very short apology.

So there was no need to apply for a chargeback.

Many thanks to rebel11 for all of the advice.