Right to Reject 30 days Chisholm Hunter and V12 Retail Finance not playing ball - ***WON***

[aaroh]

Hi i bought a very expensive watch from an online retailer couple of months ago and paid for it using V12 retails finance.

 

1 The watch was dispatched by them on the 19th of October 2018 however I received it after a failed delivery attempt on 24th October 2018.

 

2 After receiving the the watch I went on holiday for a few weeks and left the watch behind, I think it is at this point the watch stopped working or immediately before I came back.

 

3 On the 21st of November 2018 I notified the retailer that the product has become fault as its stopped working.

 

4 They advised me that since its outside the 30 days return period I am not entitled to a refund.

 

5 I argued that I took delivery of the watch on the 24th October 2018 therefore as far as I am concerned it still within my right to reject in 30 days.

 

6 Moving forward I lodged a S75 with V12 Finance and they started investigating once the claim was lodged I sent the Watch back to their return address to which they have not sent any confirmation but I used Special Delivery so i have proof it was signed for them

 

7 V12 finance advised me they have received the watch and that they have sent it to Switzerland to be inspected.

And they have also confirmed that once they have inspected the watch and IF and only IF there is a manufacturing defect will they refund.

 

8 V12 Finance have advised that the watch has sign of wear to which I replied of course it would as I was wearing it and had intentions of keeping it.

 

Now my point is if its the battery that failed within the 30 days will it be classed as manufacturing defect or simply not as satisfactory for a reasonable individual to expect.

 

Also the fact that I have had bad experience with this brand I simply do not want the watch any more.

What options do I have or am I stuck with this watch?

[BankFodder]

If it fails for any reason including the battery within the first 30 days then that amounts to a defect and allows you to assert your short-term right to reject.

 

Have you bought this from a British company?

 

Which company is it? Or are you trying to protect them?

 

In terms of the finance company, begin a formal complaint straightaway. Tell them that regardless of their findings, new consider that they are not carrying out their obligations under section 75 of the Consumer Credit Act and you want the matter to be put before the ombudsman. They have a week to give your final response – then put it to the ombudsman. You may as well cause problems for these people

[aaroh]

It is a UK company called Chisholm Hunter and yes the finance company has closed the complaint down based on the fact that the retailer has acted with in their terms and conditions and in line with the Consumer Rights Act 2015. I therefore asked them to refer the matter to the ombudsman as I was not happy with them closing the complaint down.

 

In any case I will be taking the matter to the Ombudsman and advised her that the account is in dispute a letter stating the same would follow.

 

I wanted to consider my legal options too in the past I've issued out small claims when in dispute and found that they caved in quicker than taking the matter to an ombudsman.

 

Would it be a wise move or should I exhaust all possible avenues in this case FOS which could potentially take all of next year to investigate by which time I would have had to make payments and will have paid off all the money own under the agreement as the payments being made now are in dispute.

[BankFodder]

You are quite right that small claims process is much more effective than the ombudsman. The ombudsman is the preferred route for these companies – therefore the County Court is the preferred route for customers.

 

How long ago did the matter go to the ombudsman? If it went some time ago then you may as well wait but if it has only just got there then you might prefer to begin a small claim. If you've done it before then clearly you will gain some transferable skills and you will feel fairly confident about suing anybody as often as you want.

 

If you have the experience of going to small claims – and if you've already formed the opinion that the County Court is more effective, then I'm curious to know why you decided to go to the FOS

 

What value are we talking about here?

 

What make is the watch?

 

Also, what was the reason for the failed delivery – and on what date did the delivery fail?

[aaroh]

You are quite right that small claims process is much more effective than the ombudsman. The ombudsman is the preferred route for these companies – therefore the County Court is the preferred route for customers.

 

How long ago did the matter go to the ombudsman? If it went some time ago then you may as well wait but if it has only just got there then you might prefer to begin a small claim. If you've done it before then clearly you will gain some transferable skills and you will feel fairly confident about suing anybody as often as you want.

 

If you have the experience of going to small claims – and if you've already formed the opinion that the County Court is more effective, then I'm curious to know why you decided to go to the FOS

 

What value are we talking about here?

 

What make is the watch?

 

Also, what was the reason for the failed delivery – and on what date did the delivery fail?

 

The matter hasn't gone to the ombudsman yet as it was today that I had a chat with them over the phone and I asked for the outcome in writing. I said I was not happy with their response over the phone therefore I will want the matter referred to the ombudsman whether they refer it or not is yet to be seen.

 

If it goes to the ombudsman I am of the view that I would want to hit their pocket £500 per ombudsman referral knocks out their commission or interest earned over the term.

 

In any case I will wait for Rado to investigate. If the retailer don't play ball i'll sue them. Then ill drag the finance company to the ombudsman for failing to compensate under s75 just to make myself feel better.

 

Value = £1800

Make = Rado

[BankFodder]

You haven't told us why the original delivery attempt failed.

 

I'm not too sure why you think that you will be able to get £500 in compensation through the ombudsman.

 

By giving Rado an opportunity to sort it out, you may be risking your short-term right to reject. Please will you answer the question about the reason for the failed delivery

[aaroh]

You haven't told us why the original delivery attempt failed.

 

I'm not too sure why you think that you will be able to get £500 in compensation through the ombudsman.

 

By giving Rado an opportunity to sort it out, you may be risking your short-term right to reject. Please will you answer the question about the reason for the failed delivery

 

 

I am not saying I will be compensated £500, I implied if the matter goes to the ombudsman the finance company will be charged £500 to have the matter investigated.

 

Reason for the failed delivery is I was not at home when the delivery attempt was made it was attempted on the 23rd October 2018 Now that I've checked the CCTV. The point is I have not given Rado or the retailer an opportunity to do anything I have been adamant that the watch is faulty and as such a full refund was required. This was made clear in the online chat of which I have a copy of. It is the retailer that wishes to have the watch checked over by Rado and based on the outcome they will refund only if a manufacturing defect was found.

 

However the Finance company is adamant that I am required under the Consumer Rights Act to let the retailer have the watch inspected. I guess they want to make sure that there was no physical damage to the watch ?

 

 

At this stage I am inclined to Issue an LBA to the retailer and get the ball rolling what's your opinion on this?

[dx100uk]

well you don't

you are returning it as being faulty within the 1st 30days

I should think it very evident its not working when its not telling the time!!

[aaroh]

well you don't

you are returning it as being faulty within the 1st 30days

I should think it very evident its not working when its not telling the time!!

 

Well it's got 2 hands only the retailer claimed on initial inspection it worked ? load of rubbish! then why send it off to Rado also how long did they observe that the hands did or did not move? I asked for this to be explained in writing !

[dx100uk]

nest they'll be telling you its correct twice a day ...what are you complaining about...

[aaroh]

nest they'll be telling you its correct twice a day ...what are you complaining about...

 

Understood so you suggest ?

[aaroh]

Just an update Ive issued proceedings against the Finance provider V12 Finance Limited under s75 CCA 1974. POC sent since as of 11/01/2019 the retailer Chisholm Hunter still maintains that it was outside the 30 days return period.

 

Since the previous post i received SAR under GDPR in which the V12 Finance disclosed information relating to a different customer to which they compensated me and the other party £100. I must admit it was a minor breach so I let go.

 

In the SAR was also communication that V12 has had with the retailer and they clearly mentioned to the retailer that the watch was returned with in 30 days

 

To date no acknowledgement to the claim will update with progress

[aaroh]

Not sure if anyone is interested but received a phone call today from V12 Finance offered to settled the matter in full.

[BankFodder]

Thank you for letting us know.

 

Make sure that it includes all of your court costs and don't withdraw the claim until you have the money in your bank.

 

How amazing that these companies prefer to make such a fuss rather than look after their own reputation.

 

If you don't have the money by the expiry of the deadline for the return date of the defence then apply for a judgement immediately. Don't waste time. Don't give notice. Just do it.

[aaroh]

In my POC I mentioned the below and waiting for all in writing but yes advise taken and will wait for the money to turn up into the account.

 

 

15) If the defendant wishes to offset the outstanding monies payable under the agreement against the total amount of claim outlined in paragraph 17, he must give the claimant written breakdown of the sum outstanding to settle the account.

 

 

 

16) Claimant continues to make payment to the defendant in dispute to date and the account is up to date.

 

 

 

17) Costs Outlined below

 

 

 

Total cost of the Watch = £1290.00

 

LIP Cost under CPR 46.5 (3.4) £19 x 10 hours = £190.00

 

Cost of Royal Mail Special delivery to return the watch to the retailer = £14

 

Cost of paper, ink, postage etc = £6.

 

Issue of Court Claim = £70

 

Total amount due £1570.

[aaroh]

 

An update

still didnt see any money from them 

 

I requested a judgement last week.

 

Had a call saying the tomlin order we signed was rejected by the court ?

the terms were fair to which i agreed an signed.

 

They are going to send me another one in post ill read through and sign if no money in 14 days then ill request a warrant. 

[ericsbrother]

probably LiP costs as they are usually 5 hrs max for small claims track. however, if retailer agreed to this for Tomlin order then that is usually enough. They did sign it didnt they?

[aaroh]

37 minutes ago, ericsbrother said:

probably LiP costs as they are usually 5 hrs max for small claims track. however, if retailer agreed to this for Tomlin order then that is usually enough. They did sign it didnt they?

 

well they did or didnt but i did and now they have a judgetment. I got a new copy of the tomlin order which seems like the same. Anyways its in the post end of next week ill get the bailiffs in oh the irony normally its the other way round