Ramsbottom Bang and Olufsen – not honouring cooling off period**Refund in Full***

[Embassy]

Hi, I wonder if some can help. I am posting this on behalf of our elderly neighbours 1 is 92 and the other is 85 (wife).

 

The elderly man has been in hospital twice for operations on his eye and has ben looking for a TV that better audio quality than he has before.

He spoke a salesman on the phone who came out to his house and demonstrated a TV but he would not leave the demo set with overnight.

My neighbour paid a deposit of £320 to order a Bang & Olufsen TV and a blu-ray player at a total cost of £3,200.

 

The TV arrived some 10 days later and was setup on 5th April 2018, he paid the remaining balance on the 5th April by cheque

.He had only had the set for one night and was unhappy with the sound.

 

He told me he wanted to return it so I said I would help, I was advised by the citizens advice consumer help line to quote my cooling off period of 14 days to return the product and claim a full refund.

 

I sent this email off last week and was told that the customer had signed a terms of trade document stating he would not be able to claim a refund and as such they will not take back the television.

 

He sent me a scan of the document but I cannot read it because the picture is too small , I have today sent an email requesting they send by post a copy of this document as I don't want to stress my elderly neighbour anymore than I need to.

 

Can anyone help with where I stand?

I did send the intention to return goods email and had confirmation it was received and understood I was told the director makes decisions on refunds at his own discretion he said no refund would be given.

 

I feel a little out of my depth with this as I thought I was doing a good deed but don't know who else to ask apart from a solicitor maybe and they aren't cheap

 

 

Any help would be greatly appreciated

 

 

thanks

 

 

Andy

[Embassy]

Its a company in Ramsbottom that supplies Bang and Olufsen audio video products not really sure I was supposed to give their full name

[Embassy]

as soon as I receive a copy of the letter they signed I will scan it and post it , before the refusal to refund was sent I was also told and I quote

 

 

"Hi Andrew,

 

 

I am in receipt of your e mail.

 

 

As per our conversation this is not my decision ,and I want to point out I discussed before Mr and Mrs P ordered the television our full terms and conditions and that they should think about it before deciding , but Mr P was adamant he was happy with his choice and in his words he wanted to get a really nice television for his wife to watch.

 

 

This was not done blind by the way ,I took the television he was interested in to him home plugged it in and let them both view it and operate it so not really much more I could do.

 

 

Mrs P also signed a form showing our terms and conditions which she signed , and it clearly states on there that products are non refundable , however this is at the discretion of the management Ie Mr Paul B , if Mr B does decide to allow a refund there will be an administration charge of 15% of the total order which equates to £480.00.

 

 

As per our conversation Mr B is in America until next week , and so I have copied in him on this e mail and I am sure he will respond in kind to your email

 

 

Many thanks

Edited April 17, 2018 by honeybee13
Names removed

[Embassy]

thank you for all your replies i am in the process of trying to get a copy of this document i have sent a further email to them this morning requesting confirmation they have received my email and will follow this up with a phone call i asked for a delivery receipt and read receipt but i know they can decide not to send a read receipt.

I will attach the scan they sent me to this post.

I did also speak to my neighbour last night and he has told me has no copy of the document (but he is old and easily confused) so he may have just misplaced it.

 

to clarify

 

@ Andyorch

As i understand the salesman bought a demo model out and after watching it whilst the salesman was here my neighbour agreed in person to order the TV and gave the salesman a deposit of £320 he is mostly immobile.

Also just to add and it may be a useless point but he never saw any packaging the salesman bought the TV in and just put it on his TV unit.

 

If anyone has any other questions i will try to help not having much luck with this image though i will try up my post limit and try again

 

Andy

[Embassy]

Have just had another email from the director as a follow up to the request i sent this morning and also asked them to confirm receipt of each email for audit if needed

 

From email

"Hi Andy,

 

Mrs P did read the terms and conditions when Russ presented them. Russ went through the Terms of Trade verbally

with Mrs P and Mr P was also present. Russ did ask if they were happy with the Terms of Trade and both Mr & Mrs Pollitt were both very happy and happy to sign.

 

Prior to the purchase Russ brought a T.V to the house and demonstrated it. He also checked that they were happy with everything before taking the deposit and providing with the purchase.

The T.V was then specially ordered specifically for the customer (Mr & Mrs P).

 

 

I have sent Mr P a copy of the Terms of Trade in the post this morning.

Please confirm once received.

 

I/ We look forward to hearing back from you ."

 

 

 

 

as soon as i can get the terms of trade document i will scan it and hopefully i will have enough posts by then to enable me to upload it

 

Andy

Edited April 18, 2018 by honeybee13
Names removed

[Embassy]

here is the scan they sent

[Embassy]

Hi my apologies for not getting back i'm having a very busy time at home and work I am yet to receive any terms of trade document from the Supplier but i have a picture of the bill of sale i promise that as soon as i receive them i will forward them on as requested i didnt want to send bits and pieces and preferred to send them altogether .However if you wish me to send the receipt then of course i shall.

I will ring the shop this morning and ask again for the terms of trade but my car is off the road at present and am having troubles getting anywhere.

 

Thank you for all the comments and advice it really is very much appreciated

 

 

Andy

[Embassy]

Just to update you i rang the shop and advised them them we hadn't received a copy of the terms and trade and told them the neighbour had been given a copy , i was assured they would have been given a copy of this They are going try and scan and send and also post again a copy.

 

I also received this back from B&O via my email i sent on wednesday

 

"Response By Email (Lene Walther Bjerregaard) (20/04/2018 01.35 PM)

Dear Andy ,

 

Thank you for your e-mail written on behalf your neighbour who has regretted purchase of a Bang & Olufsen television from Bang & Olufsen of Ramsbottom.

 

We do agree that it is a rather unfortunate situation, but as we, Bang & Olufsen as a manufacturer, sell products to independent retailers, any purchase is solely an agreement between store and customer and thus subject to the terms & conditions of the store. We therefore regret to inform that we shall not be able to help your neighbour in this matter, but instead kindly advise him to settle the matter with the store in question. We have of course made the store aware of your neighbour's complaint and hope that the parties will reach a satisfactory solution.

 

Kind regards,

Lene Walther Bjerregaard (Ms) | Customer Service

 

 

 

Bang & Olufsen A/S | Peter Bangs Vej 15 | DK-7600 Struer | Denmark

http://www.bang-olufsen.com| http://www.beoplay.com

[Embassy]

The terms of trade document arrived Terms.pdf

Its a pdf but should be readable to most i hope

 

Andy

[Embassy]

Hi after hearing nothing back from the shop I was hoping that maybe an email from Bang & Olufsen may have had some kind of action but it looks like nothing.

I will go over and speak to my neighbour regarding this and I very much doubt he will want to take it further . If the elderly lady wished to take it further then I would definitely go to court with her but I suspect as has already been mentioned she wouldn't want to face it, it is a shame really I may have one last phone call and mention small claims court but I suspect they would call my bluff and the less contact I have with them the better for me.

If I were to lodge a claim in court would the company be liable for costs incurred if it actually went to a hearing? I don't want to file the necessary paperwork and then they just turn around and start taking notice

 

 

many thanks in advance and huge thanks for the information you have all provided so far.

 

 

Andy

[Embassy]

Morning,

i did speak to my neighbour last night and his wife said she would not be happy attending court if it went that far, i tried to explain that it is unlikely it would get that far but she is unwilling, i did say i would try one final call to the shop and see if they would consider changing their mind and informing them i would be seeking legal advice but as i am unaware of what to say really i wonder whether anyone could help me with the right wording and what to say to them.

 

Can anyone help , the elderly man said he would go to court but i told him that wouldn't be a possibility really considering his mobility

 

any help as always is appreciated

 

Andy

[Embassy]

Thank you i still plan to ring them although this may happen this afternoon now the whole situation leaves a really bad taste in the mouth if i get anything back from the phone call i will update this and will try to phone the Bolton Evening News and see if they are willing to do a story

 

thanks again

 

Andy

[Embassy]

Here is the letter i intend to send please can anyone look over this and advise me of any errors or omissions this is template from an online source

 

"Mr Paul Braithwaite

Bang & Olufsen of Ramsbottom

8 Square Street

Ramsbottom

BL0 9BE

 

Dear Sir,

Reference: Refusal of refund request during cooling off period

 

As it has not been possible to resolve this matter amicably it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

We ordered as follows

1. Beovision Horizon-40 Black

2. Beovision Horizon Easel Stand black

3. Beoremote One BT Silver

We paid a deposit of £320 by cheque with the balance to be paid on delivery by cheque.

I have emailed you stating that I wish to return the Television as I am not happy with it under my statutory 14 day cooling off period on the 11th April 2018 and asked you contact me within 14 days to arrange collection and have received no contact from you

From you I am claiming a full refund for the cost of the Television and Easel Stand

I have calculated this sum to be £2,930 plus costs

Listed below are the documents on which I intend to rely on in my claim against you:

I will be using the receipt of sale and terms of trade documents supplied by your company

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 28 days.

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully, "

 

If all ok i will get this signed tonight and post recorded tomorrow

 

thanks

 

Andy

[Embassy]

The reason why i claimed less was because there was no price mentioned for the Blu Ray player it was classed as included according to the receipt and there was an £150 charge for installation which i thought would be due as they did actually install iLooking at the bill i tottalled up the listed item the TV the Stand and the Remote

I am happy to take your letter and whilst i was writing i did think maybe im including too much i will re write it and post before i send it

 

Andy

[Embassy]

This is the receipt it might make more sense now

[Embassy]

Installation was the removal of the existing stand (it was on wheels) which i believe was done way from the house and attaching the easel stand and then bring the TV into the house installing the blu ray player and setting up freeview

[Embassy]

One last question looking at the receipt it shows 23rd March is that the contract start date or is the date it was delivered the contract start date? Also i did not inform them until the 11th April when i emailed them

Edited April 24, 2018 by Embassy

[Embassy]

New Letter i will print this off and get it sent tomorrow

 

"Mr Paul Braithwaite

Bang & Olufsen of Ramsbottom

8 Square Street

Ramsbottom

BL0 9BE

 

As you know, on the 23rd March 2018 I entered into an off-premises contract with you for a Beovision Horizon television system for a total of £3,200 this included an Easel Stand and a Beovision Remote control and a Samsung Blu Ray player which was delivered on 5th April 2018.

 

Despite the fact that I am entitled to a statutory 14 day cooling off period, when I informed you within six days of delivery that I was rejecting the goods as they were not appropriate to my need, you refused to accept them and to give me a refund.

 

You have maintained this position despite messages from me and also from your head office in Denmark.

 

If I do not receive a full refund from you within 14 days then I shall begin an action in the county court to recover my money and associated claim fees without any further notice.

 

Yours Faithfully,"

[Embassy]

Lets hope it does i will print 2 copies and get one sent to them recorded

[Embassy]

I have posted the letter today recorded delivery and some press involvement too possibly a big boy on our side i will tell you if it looks like its going to happen

[Embassy]

This account do i set it up under my own name?

[Embassy]

Yay that will do for me

[Embassy]

I just started the claim process and it shows me as the claimant and no way to change it ??

[Embassy]

Well they have no email and I'm not sure whether Kath Kathleen or Katherine or Kathryn so I will do his tomorrow I know Fred isn't too well at the moment so I don't want to go and disturb him

 

 

Andy

[Embassy]

Ok i will set this up today and update you further