Refusal to refund

[timw1977]

Hi guys

 

New here so apologies if this is posted in the wrong area.

 

I purchased an expensive item from a boutique shop on 20/1.

 

When I got the item home and assembled it I noticed a number of defects.

 

I phoned the retailer the next day and explained and said I would return the item on Saturday (26/1) as this was the soonest I could get it to them. (Due to work commitments).

 

When I returned the item the retailer would not give a refund, instead saying that their policy was to replace the item.

This I refused as given conisderation to the price paid the item was so expensive that I did not believe the quality was sufficient in any event (it was that bad and THAT expensive!)

 

I explained that I believed I was entitled to a refund under the Sales of Goods Act as the item was not of satisfactory quality.

 

To cut a long story short the exchange resulted in me being "man handled" from the shop, without any refund and the retailer with the item still.

 

I have since written to the retailer to explain that I have rejected the items under the Sales of Goods Act as it was not of satisfactory quality and want a full refund.

it really was such poor quality so I am not worried about any debate around what a "reasonable person" argument as given the price etc it was far from perfect.

 

I didnt notice the defect in the shop however didn't inspect the item to any degree

- the retailer dismantled the item and packaged it

- so would assume that he either

 

a/ didnt notice the defects (I find hard to believe) or

b/ chose to ignore them (much more likely in my opinion)

(the defects would not have been noticed until came to dismantling or assembling the item)

 

The retailer has ignored my letter / request

- I know they received it as I emailed it and also hand delivered a copy directly to the owner of the store

(the man that sold the item and refused the refund).

 

I have since, unfortunately had to submit a claim to the small claims court.

Given the price of the item I am really worried about losing although I genuinely believe I am in the right..

 

however given the retailers utter arrogance I am worried that I am missing something

and that they have some way out of this and forcing me to accept a replacement

(which out of sheer principal I do not want -

a/ the craftmanship on the item is poor, as was the replacement he tried to fob me off with

- I inspected it very briefly (well part of it as it was in packaging)

and it had defects that I pointed out to him at the time

- his attitude was

"well, you're going to say it has defects because you want a refund"

- yes, i do want a refund and yes it does have defects!!

 

b/ he is so arrogant out of principal I dont want him to have my money

 

All advice, views, opinions gratefully received - also if anyone can offer advice or case law to support my case for small claims would be really gratefully received.

 

Thanks and apologies for the long rant!

 

Tim

[timw1977]

SHould also say that the retailer said I had not entitlement to a refund under the Sales of Goods Act - only a replacement...

[queensclose]

what did your letter state

 

did you give a time frame etc in dealing with your request. it does sound a pretty straight forward case in your favour. you you must give them a chance for to redress your issues

[timw1977]

Hi Queensclose,

 

The letter detailed the defects, said i was rejecting the item as i did not believe it was of satisfactory quality under Sales of Goods Act, that I required a full refund. I gave them three days to contact me in order to arrange a full refund and that if they failed to do so I would be left with no option than to take further action. They didnt contact me within the timescales I gave (they had an email address for me)

 

I have also emailed them since submitting the small claims form and advised that if they want to contact me to arrange a refund etc that I would happy to withdraw claim etc... this was a 5 days ago and I have not heard anything since.

 

thanks!

Edited February 1, 2013 by timw1977

[Conniff]

No, as I understand it, you can reject for the reason you have said.

 

If you had it for a length of time (not specified) you would have been assumed to have accepted the item and then the seller has the choice of either refund, repair or replacement. I think one day comes well under the time limit for not being able to reject. Stick to the timing of Soga, make sure that is part of you claim. Also keep in mind that if he should claim you did it, then it is up to him to prove the damage wasn't there at the time of purchase and not for you to show it was.

[dx100uk]

if you paid by card do a CHARGEBACK

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

or

 

get the credit card company involved

as they are EQUALLY RESONSIBLE under

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

 

stuff neither of these he can stop nor argue against

 

dx

[timw1977]

if you paid by card do a CHARGEBACK

or

 

get the credit card company involved

as they are EQUALLY RESONSIBLE under

 

 

 

stuff neither of these he can stop nor argue against

 

dx

 

Thanks, will do this - didnt realise about chargeback... should I continue with small claims also?

[queensclose]

i would proceed with the claim

just do your homework first. check on companies house etc. get someone to go in and see what name they are trading under etc see if they can see the employers liability insurance and what name you use.

it might be on the till receipt

 

if you went by the name over the door could bloggs boutigue. they could be trading under john bloggs ltd and all goods belong to john bloggs ltd

[queensclose]

if you can do the charge back there will be no need for a claim

[timw1977]

I'm so angry - it was over £1500! I really want to name and shame on the internet etc... having to really bite my tongue and not hit review sites. I really want to warn people but don't want to jeopardise my case. I cant even begin to articulate how furious I am :-x

[timw1977]

if you can do the charge back there will be no need for a claim

 

I want him to suffer so indignity and pain! (metaphorically and maybe, just maybe physically too...)

[timw1977]

oh great, phoned bank and they say it is more complex because I dont have the item... what is that all about??

[queensclose]

if you do a charge back then they will owe you no money

[timw1977]

if you do a charge back then they will owe you no money

 

Out of curiosity if I had paid on credit card and the credit card company refunded (as you say they are jointly liable) would he keep the money I paid?

[queensclose]

no the money would be removed from his account and transferred back to your credit card. he still has a chance to but his side of the story but it really does not matter

 

debit cards will freeze the money in his account while they investigate

[timw1977]

no the money would be removed from his account and transferred back to your credit card. he still has a chance to but his side of the story but it really does not matter

 

debit cards will freeze the money in his account while they investigate

 

Thanks! Lets see what happens!