Returning faulty goods to Brighthouse after 14days

[JonLawley]

Hi,

I have a TV from brighthouse (a baird 48")

The quality of sound is very poor, there is quite obviously a fault as as soon as you turn it up (Just a little bit) the back of the unit vibrates.

The sound is like its playing through a tin can.

 

ive phoned them today and they are coming to collect it, they have offered to repair etc but ive said no and i will sign the cancellation waiver form.

 

Now, I took the contract out 20 days ago so im outside the '14 day cooling off' period to receive a refund.

I have quoted the consumer rights act which states that the buyer is entitled to a refund within 6 months.

The manager was not very clued up so has said they would phone me back tomorrow after she had done a bit of 'research'

 

So when they phone i just need to know for sure that if the item is faulty i am entitled to a full refund within 6 months regardless of the '14 day period'

Many Thanks

[MaxxPower]

What part of the Consumer Rights Act do you believe entitles you to a refund within 6 months?

6 months is just the period during which a fault is assumed to have been present since purchase and so the onus is on the seller to prove otherwise. During this time though it's up to the retailer whether they go with repair/refund/replace.

[obiter dictum]

Under the Sale of Goods Act you can choose to reject it and get a refund as long as you do this within a 'reasonable' time - usually within three to four weeks.

[obiter dictum]

[Your address]

 

[Company/ supplier address]

 

Dear

 

 

[Reference: contract number]

 

On [date] I [bought/placed an order for] a [item], received it on [date]. I have discovered that the [item] has the following problem: [add details].

 

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.

 

As you are in breach of contract I am rejecting the [item] and request that you refund the sum paid to you of [price].

 

I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it.

 

If I do not receive your satisfactory proposals for settlement of my claim within seven days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you.

 

Yours faithfully,

[JonLawley]

What part of the Consumer Rights Act do you believe entitles you to a refund within 6 months?

6 months is just the period during which a fault is assumed to have been present since purchase and so the onus is on the seller to prove otherwise. During this time though it's up to the retailer whether they go with repair/refund/replace.

 

Sorry i was referring to the sales of goods act as on the CAB website following the research i have done it does state elsewhere about the 6 month period

 

Thank you obiter for the letter template i will keep a copy of it as my next line of defence.

 

Thank you all for the replies so far, i will be quoting the sales of goods act when they call back.

Does anybody have advice on the 14 days (Cooling off period) ? Its not that ive changed my mind the goods are genuinely faulty, from what ive read im assuming the 14 days have nothing to do with my situation and as i have notified them within a reasonable time frame as OBITER mentioned i have the right to a full refund ?

[dx100uk]

It's on HP

Cancel the whole thing

And go get a TV that you wont pay for three times over from elsewhere

 

Dx

[obiter dictum]

The Sales of Goods Act is statutory duty.

 

The 14 days they mention might be in their terms and conditions but means squat in reality.

 

The goods are faulty, end of

 

No Brighthouse terms and conditions can diminish your statutory rights

 

Tell them to sod off and where it states their own T&C takes precedent over statutory duty

 

My advice will be to send that template like yesterday by recorded delivery. That will be evidence and a paper trail. Like i said you only have three to four weeks max

Edited September 23, 2015 by obiter dictum

[JonLawley]

It's on HP

Cancel the whole thing

And go get a TV that you wont pay for three times over from elsewhere

 

Dx

 

Nothing to do with why i want a refund (The TV is genuinely faulty) However, i totally agree with you! I was 'Enticed in' with an offer for a new store, i just wish i had done my homework on the company and how they get there 'wicked way'. I think the tv was about £600 (already over inflated!) and the final cost was about £1200, off the top of my head!

Ill be buying one in full now!

[JonLawley]

The Sales of Goods Act is statutory duty.

 

The 14 days they mention might be in their terms and conditions but means squat in reality.

 

The goods are faulty, end of

 

No Brighthouse terms and conditions can diminish your statutory rights

 

Tell them to sod off and where it states their own T&C takes precedent over statutory duty

 

My advice will be to send that template like yesterday by recorded delivery. That will be evidence and a paper trail. Like i said you only have three to four weeks max

 

Confirmed my suspicions! Thanks very much for your help!!!!!!!!!!

[Jason BrightHouse Web Rela]

Good Afternoon JonLawley,

 

Thank you for getting in touch in regards to your television.

 

I would like to apologise that you were delivered a product that is not of a satisfactory condition and you decided to return this rather than take the offer of a replacement.

 

In order for me to look into the situation for you, please can you contact the customer relations either by phone on 0800 526069 or email to [email protected].

 

Please quote or include the reference number 229023 during your contact so your account can be located.

 

Alternatively, please contact your local store and request to speak to your Store Manager.

 

I look forward to hearing from you.

 

Many thanks

 

Jason

Web Relations

[obiter dictum]

I am unsure if Brighthouse finance the goods themselves or use an outside finance company. If they do you will also need to send them a copy of the letter rejecting the goods by recorded delivery.

 

If memory serves me right that is Caversham Finance but check the agreement they gave you

 

http://www.192.com/atoz/business/watford-wd25/sc/caversham-finance-ltd/2162737082b146d39fe17e19f3b7da8a94a4f841/comp/

 

I cannot stress enough you are against the clock so get that letter sent by recorded delivery

[ericsbrother]

the law changes soon to give you 30 days to reject and claim your money back but at the moment it is down to the retailer to decide what they want to do to put things right. I hope common sense prevails.