Company won't refund - inflatable Hot tub faulty/repaired many times now! **WON SEC 75**

[Dollyone]

Hi

 

I purchased an inflatable Hot tub from a company in Manchester.

 

After three weeks the Heater stopped working.

 

During the three weeks of careful use I considered the item to be of poor quality and due to the heater failing so soon asked for a refund.

 

I was told their refund policy was only valid for 7 days and they would repair it.

 

I took it back for repair and the guy who took it off me told me this was a common fault and he was repairing the heaters on them all the time

and that if it broke again, they would just keep repairing it.

 

I collected it yesterday and spent all day puting it back in use and this morning I noticed it is leaking.

 

It certainly wasn't leaking when I took it for repair!

 

Could somebody please explain my rights if any.

 

I purchased the item with my credit card £299.

 

Many Thanks

[rebel11]

Hi Dolly

 

Contact your Card provider ask to do a Chargeback :- http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

Explain the background and they will tell you how they want you to proceed, i.e. write to the Retailer, Recorded letter etc.

 

Also read no.12 in my signature. Can you let us know what the Credit Card company say.

 

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

[Dollyone]

Thank you. What do I do with the faulty item? I will let you know what happens.

[maroondevo52]

What do I do with the faulty item?

 

Let the air out

 

Sorry, rebel11 will return to advise.

[Dollyone]

LOL I have just written to my credit card provider and asked for a charge back, will let you know what they say.

[dx100uk]

write?

 

phone them using the number on the back of your card.

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

dx

[Dollyone]

I have spoken at great length with my bank/credit card provider today

and am told charge back only applies to items/services that are faulty on receipt

and because the item I purchased worked for 3 weeks (5 days actually in those 3 weeks), it is not covered by chargeback.

 

They have suggested I ring the company again and demand a refund.

 

Did this

 

they said no will repair again and their customer service stinks!

their attitude is terrible and quite intimidating.

 

Returned the item again this afternoon and told them to sort it out.

 

Wondered if I should now complain to them recorded delivery outling my grievances and if I am within my rights to refuse to have it back?

[dx100uk]

then they dont know how chargeback works

 

sadly quite typical as few banks know how chargeback works

 

you demand and demand & keep going up the monkey chain.

 

chargeback is 120 days min. from purchase

 

and a card provider is equally resonsible as the retailer under sec 75 too.

 

 

 

as for the retailer

 

under SOGA you are enttled to a full refund too.

 

waranty etc etc is IN ADDITION to your statutory rights

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers

 

dx

[Dollyone]

Thank you, I knew I must have some protection somewhere. I will fight this with the information I have from here so far. I was given an example by the bank of a customer of theirs who purchased a secondhand car, it was delivered and broke down after 20 minutes and the guy tried to do a charge back because the previous owner didn't want to know, but because the car actually drove for 20 minutes the charge back was refused. We also discussed sec 75 and she said in that case, I had to prove either breach of contract or misrepresentation and I don't think I am able to do this, she said I would need a copy of the sales agreement (duh) I don't even have a receipt other than my credit card. I paid over the phone to reserve and collected.

[dx100uk]

stupid telephone monkey

 

if its a credit card then under sec 75 they should be refunding with no quibble at all!

 

dx

[Bang!]

Tell the bank its either charge back or they get a letter before action under s75 CCA74 which will include your costs and consequential loses.

 

A CC company will never own up that s75 is a complete pain to them and will make it sound like it will be difficult for you.

 

Also you don't have to "prove" anything, as its taken on the balance of probability who wins. You know the details as it happened to you. They only know what you told them, so will have a difficult time trying to state the little they do know was satisfactory.

[blitz]

Tell both the cc company and the retailer:

 

The goods do not conform to the contract as they are not of a satisfactory quality as defined by the s.14 of the Sales of Goods Act 1979 (As amended). There is no question on the conformity of the goods, with a repair offered by the retailer the goods not being of satisfactory quality is a matter of fact. Due to this I am entitled to reject the goods as they have not been accepted per the terms of s.35 of the act. As the goods are being rejected I must be put back into the position I was in before the contract which for this case would be a full refund for the amount I paid.

 

Should you refuse my legal statutory rights I will have no option but to seek legal remedy and report you to the appropriate authority, be aware that no company policy nor terms you may try to set out can limit or remove those rights.

[Dollyone]

Thank you all (been away for a couple of days),

yes it was a credit card.

 

I am going to write a letter to the retailer recorded rejecting the goods,

who have made no contact since we took it back on Tuesday.

 

I will bullet point why and quote what you have told me above which is a massive help.

 

I will also send a copy of the letter to the bank and advise them I want a charge back or will claim under s.75. Years ago if something like this happened

you could ring your credit card company and they would refund any amount no quibble, but they make such a song and dance these days.

[Dollyone]

Result: After being put through my paces I have now received a refund from my creditor under sec 75. Thank you for giving me the confidence and tools to pursue.Many Thanks

[dx100uk]

good news!!

 

dx