faulty replacement Sasaki chair , Hitachi Credit & getting it sorted - help

[xoanon]

I'm afraid I'm terribly confused by the situation I'm in and can't seem to find a straight answer anywhere.

 

I'll start with a brief outline with dates as close as possible to accurate..

 

Nov 2013 - I purchase a massage chair from Sasaki (credit card deposit, rest on finance)

Feb 2014 - chair is delivered

Feb 2014 - I contact Sasaki stating chair unsuitable. Doesn't fit my build. They were given full info before purchase

Mar 2014 - Sasaki agree to look into replacing, will 'get back to me'

May 2014 - I start section 75 with Hitachi Finance as nothing heard from Sasaki

Jun 2014 - Sasaki agree to replace and upgrade when a new model is available

Aug 2014 - new model available, delivery delayed by my illness

Jan 2015 - new chair is delivered

Mar 2015 - new chair fails mechanically after 6 weeks

 

What I want..

A refund, no more messing

 

What I'm getting

Sasaki say one thing when a call is made on my behalf (not getting anything etc)

Hitachi say something else (Sasaki awaiting an engineer to visit me)

 

I've made it clear I want a refund, Hitachi say that's their decision and they may decide I'm not entitled.

Sasaki are sending an engineer to report on what the problem is, but according to Hitachi this person is going to be able to negotiate as well as maintain/repair the chair, but back to Sasaki and the engineer has no power to negotiate whatsoever.

 

The initial chair was replaced as being not fit for purpose (I was, basically, too big for it at 6ft 2).

The second chair has failed in three areas mechanically. The foot/leg rest will neither raise nor extend and the recliner will no longer bring the chair upright (the foot rest instead of being on the floor is actually 14 inches off the floor, making the chair unusable).

 

Can anyone clear up as to exactly what I'm entitled to, what I can push for and what is supposed to be happening. I was under the impression that as the replacement had not made right the issue (ie the second chair is broken) that I could ask for a full refund and that was that. I know I might be wrong though.

 

Can I just say to Hitachi that I want a refund and that's it?

[dx100uk]

sadly they are correct

its the retailers decision upon refund/repair/replace

 

 

how long into the original finance did the original chair fail?

 

 

it could be that you cancel the whole finance deal under the CCA act as it was HP?

 

 

dx

[xoanon]

The original issue wasn't failure, it was that the chair simply wasn't fit for purpose..

 

I made clear that I had certain medical issues, as well as my height/weight, before purchase.

 

Sasaki said the chair would be fine (they are manufacturer as well as retailer and I spoke to one of their staff who was supposed to have a nursing/medical qualification of some kind).

 

Within 2 weeks I contacted them to say the chair wasn't right. It was too small in some areas and this meant it couldn't be used to its full/proper extent.

 

I had only signed the finance documents on delivery, two weeks prior to raising this problem, and it was some five or six weeks before the first finance payment was taken.

 

Nov/Dec 13 - purchase and finance agreed

14/2/14 - chair delivery and finance documents signed

End Feb 14 - initial complaint regarding chair

Apr 14 - first payment by DDR on finance

 

I can find exact dates if you need them I think!

[dx100uk]

when did you first make the finance co aware of any issues

and when did you sign the agreement

[xoanon]

Agreement signed

Feb 14th 2014

 

Sasaki notified of issues

Feb 28th 2014

 

Finance company first contacted over part 75 claim

April 14th 2014

[dx100uk]

pers I think you should approach the finance company

and get them to cancel the agreement.

 

 

problem solved?

[xoanon]

Part of the problem is the finance company.

 

They seem unwilling to listen and I'm not clear on my rights under section 75 - especially as this is a failed replacement.

 

When I made it clear I wanted a refund the response was that it would be their decision and down to retailers comments as well as my own.

[xoanon]

If this is working, this is the problem!

 

I have sent this to the finance company as well. They have made no mention of it and are still trying to get me to accept an engineer.

 

 

[ATTACH=CONFIG]56744[/ATTACH][ATTACH=CONFIG]56745[/ATTACH]

[Conniff]

A tape measure hanging over the front of a chair says nothing, you need to say what you are showing and what it is supposed to be.

 

 

Do you have a copy of the original order ?

[xoanon]

Ah, my bad.. That's how high it is off the floor, its supposed to be flat to the floor as that's the footrest.

 

Copy of the original order? If I knew what you were asking for probably. I have the invoice/sales agreement if that's what you mean.

[Conniff]

Copy of the original order? If I knew what you were asking for probably. I have the invoice/sales agreement if that's what you mean.

 

 

What you actually asked them for

I made clear that I had certain medical issues, as well as my height/weight, before purchase.

[xoanon]

That doesn't make sense.. I asked them on the phone what was the best one, they suggested a model and I bought it. Why would my medical details be on an order? Its not for anything custom or specific to my conditions (although there can be contraindications).

 

Furthermore, they already replaced the unsuitable one with a different model and its the new one that's broken?

 

Don't yell if I'm being daft or missing something. Today has not been a good day with trying to get someone to tell me what my rights are by phone...

 

(This being after calling.... CAB, Finance co, CAB again, Financial services ombudsman, financial services regulator and furniture ombudsman.....)

 

I'm very confused, very stressed and none the wiser

[Conniff]

Was this an in your home sale xoanon by a company rep ?

[xoanon]

No, it was an over the phone sale after looking at their website..

 

 

Further developments:

 

1: Hitachi Finance state I MUST get the retailers permission before getting an independent report - regardless of my claim being under section 75.

 

2: Hitachi state they will abide by an independent report from the furniture ombudsman. They won't, however, tell me which of the two reports they want and instead tell me to just ask the furniture ombudsman (who also don't know what they require).

 

3: The retailer is attempting to force me into accepting a repair. Not only by changing the purpose of their visit from 'inspection' to 'repair' but now by making an appointment without my consent or knowledge to come and make repairs tomorrow.

 

Now what do I do?

[dx100uk]

oh god hitachi finance

crap lot

they never know the rules anyway.

 

as this was over the phone

 

you are covered by this.

 

hitachi cannot simply make up their own rules.

 

IMHO you are well within your rights to cancel the whole thing

[xoanon]

I'm sorry, I really don't understand what it is you've posted in that legal document.

 

I'm in way over my head and there's all these different laws and regulations and it makes no sense at all.

 

Can anyone make it simple as to what I should say to who? Especially with the retailer turning up to try and do this repair and Hitachi not being helpful. I have the feeling they are going to claim I'm being unreasonable now..

 

I just want my money back and for this to go away.

[dx100uk]

read from point 29 right to cancel

[xoanon]

It doesn't matter how many times I read it, I honestly don't understand it or its meaning or implications.

 

I now feel not only stressed but stupid as well.

[dx100uk]

are you in email contact with hitachi?

 

 

simple send the PDF to them and refer them to section 29 onwards.

 

 

dx

[xoanon]

I'm sorry but I won't do that unless I know what I'm doing. I can't just take such a thing on trust because I can't respond to any answer they give.

 

What am I asking/telling/showing them, why is it relevant and what does it mean?

 

Not only that, it still doesn't tell me what to do about the retailer who will be at my door in the morning!

[dx100uk]

No, it was an over the phone sale after looking at their website..

 

 

Further developments:

 

1: Hitachi Finance state I MUST get the retailers permission before getting an independent report - regardless of my claim being under section 75. - no that's wrong.

2: Hitachi state they will abide by an independent report from the furniture ombudsman.

They won't, however, tell me which of the two reports they want

and instead tell me to just ask the furniture ombudsman (who also don't know what they require). - a report from the furniture oms that the new chair Is faulty

3: The retailer is attempting to force me into accepting a repair.

Not only by changing the purpose of their visit from 'inspection' to 'repair'

but now by making an appointment without my consent

or knowledge to come and make repairs tomorrow. - then you refuse them, if they are not there to make an inspection under SOGA

Now what do I do?

 

 

you appears to have hitachi on your side

they simply need an authoritative report that the product they have financed is faulty

 

 

I would then think they might well cancel the whole thing and give you your moneyback and that's the end of your issues.

[xoanon]

In which case which report do I need to supply?

There are two offered by the ombudsman and Hitachi won't tell me which one.

 

A second problem is that Hitachi have stated that they will abide by the report recommendations.

Suppose the report suggested a repair?

 

The way they have put it is that no matter what I want, whatever the report says goes.

I was under the impression that these reports only recommended which of repair or replace was the most cost effective and not that a refund should be offered.

[dx100uk]

the item is within 6mts so you should not have to pay for the report

its the retailers pigeon to either do it

or pay for one to be done by an independent qualified person

 

I don't think it matters where the report comes from.

 

yes it is the retailers call if you are refunded, its repaired or its replaced.

 

outside of 14 days ,from delivery if you read the PDF I sent, you are not automatically entitled to a refund.

 

however as this instance the item is under finance,

so the finance company are equally responsible

 

they might well agree to call the whole thing off as there is a documented history from the past

[dx100uk]

do you have the original agreement

and what does it state with regard to cancelation rights please.

 

 

dx

[xoanon]

the item is within 6mts so you should not have to pay for the report

its the retailers pigeon to either do it

or pay for one to be done by an independent qualified person

 

 

I don't think it matters where the report comes from.

 

While technically the item is under six months as it is a replacement item, and the original is over six months, apparently I do have to pay the report because the time does not reset... According to the CAB helpline anyway!

 

yes it is the retailers call if you are refunded, its repaired or its replaced.

 

 

outside of 14 days, if you read the PDF I sent, you are not automatically entitled to a refund.

 

 

however as this instance the item is under finance,

so the finance company are equally responsible

 

 

they might well agree to call the whole thing off as there is a documented history from the past

 

 

You're really confusing me. I thought you'd sent that PDF to show that I could get a refund?

 

Don't I have a choice here? Or are the finance company going to refuse to do anything on the grounds that I'm refusing a repair?