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Item defective - returned but seller refuse to refund. What to do?


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Posted (edited)

Hi there,

 

I hope someone of you can help me as I am totally lost and unfortunately I don't know much about the legislative system in this country.

 

I bought a pendant light around a year ago but after 6 months it stopped working and the seller agreed in a replacement. I sent the item back and they put me on hold for over 3 months until they told me: sorry the item is no longer available we are going to give you a voucher.

 

Unfortunately I can't find anything else I can buy from them as I have some precise requirements and the item I bought was unique in feature and shape. So I asked for a refund.

 

Silent from them. I reached out my bank for a claim back but they stated it has been too long since the purchase so they can't action.

 

I checked with citizen advice and the only option left is to send a formal complain and proceed via small court claim. I have done the first but I have now doubts about the last step.

 

I checked online and the law is not clear in these situations so I am concerned to losing the trial, losing the voucher and having to pay for the trial cost for both parties.

 

Moreover, the company is based in Scotland and I am in London. Which court shall I appeal to?

 

Thanks in advance!

 

Edited by Ziagara
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Ziagara

 

How much did you pay for the item

 

Where did you buy it from

 

What was the date of purchase

 

how did you pay for the item ?

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Paid £200

 

bought it from lampsy.com

 

dop is March 2020

 

paid by debit card

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March 2020 !

 

A bit late, forget about it move on....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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£200 voucher is a bit much to simply write off.

 

you are not obliged to accept a voucher.

 

write again to the retailer , stating you wish the retailer to returned your original payment to the card you purchased the item with. else you will confirm with the card issuer to go ahead with a section 75 claim. 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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34 minutes ago, 45002 said:

March 2020 !

 

A bit late, forget about it move on....


The issue happened in February 2021 though, so still under warranty officially and I would have been happy with a replacement

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Thanks! Retailer is not responding to my emails anymore nor they have a telephone line at the moment but I can give it another try.

 

Section 75 doesn’t seems to apply to debit cards but I’ll try to speak to the bank: 

https://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act-aZCUb9i8Kwfa

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sorry sure it said credit card when i looked.

 

if you have proof from the seller in an email he acknowledges the item is faulty then the bank should not argue with a chargeback.

the total time is 540 days from the transaction, it's 120 days limit from when you realised chargeback is relevant as an option.

many many banks get this wrong.

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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those are USA rules. hence it says .com! not .co.uk.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • Andyorch changed the title to Item defective - returned but seller refuse to refund. What to do?

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