credit card dispute

[manchesterbloke]

i bought a mobile phone for a christmas gift for my daughter... on christmas morning she informed me that it had the wrong bits in the box.. charger ect... i took the phone back to the shop two days later.. only to be refused a refund on the grounds it was taken out of the shop..???

is he for real... i was offered plug in adaptors to try and make it work,to which i refused.. sticking to my rights .i returned the goods on the grounds of "not fit for purpose.".and left it in the shop.

i paid for the phone using my credit card..£140.. thinking they would refund me.. letter arrived this morning saying no refund on the grounds .. i should have checked the bits before leaving the shop...

it is not possible to assemble and charge a mobile phone over a shop counter to ensure they have suppiled all the parts..if it was a large screen tv would they expect me to drag it to a plug socket to switch it on before buying... ???

i want to go after the credit card company.. feeling they have let me down...25 years i have been with them.. grrrr

[colbee]

Who was the letter from stating there would be no refund - the shop or the credit card company?

[manchesterbloke]

hi...

 

the letter was from the credit card company...

[colbee]

Hmmm. It seems to me that you were supplied with the wrong goods (i.e. if all parts are not the right parts, they are therefore all the wrong parts).

In 2005, via the internet and telephone, and using my Goldfish Mastercard I bought a used car part costing less than £40 from a company 90 miles away.

They sent the wrong part. I returned it at their request and at my expense (£4.90). Despite several phone calls the parts company failed to supply the right goods.

I wrote to Goldfish, explained the circumstances, and my account was credited with the amount originally debited.

I appreciate this was buying at a distance rather than personal shopping but their is a certain similarity.

Until you got it home and set things up, I don't see how you could be expected to know they had given you the wrong parts. They are supposed to be the professionals who know what they are doing.

[blacksheep1979]

Hmmm. It seems to me that you were supplied with the wrong goods (i.e. if all parts are not the right parts, they are therefore all the wrong parts).

In 2005, via the internet and telephone, and using my Goldfish Mastercard I bought a used car part costing less than £40 from a company 90 miles away.

They sent the wrong part. I returned it at their request and at my expense (£4.90). Despite several phone calls the parts company failed to supply the right goods.

I wrote to Goldfish, explained the circumstances, and my account was credited with the amount originally debited.

I appreciate this was buying at a distance rather than personal shopping but their is a certain similarity.

Until you got it home and set things up, I don't see how you could be expected to know they had given you the wrong parts. They are supposed to be the professionals who know what they are doing.

 

Quite a bit different though as you were covered by distance selling regs and not sure, but by the sounds of it they didn't supply any part? (am i right)

 

Anyway to the op - phone up your cc company ask to speak to a manager (tell the minions that its regarding you taking them to court). Once through to a manager tell them you are covered by the consumer credit act and will be naming them as a joint defendant in a claim for the money.

[colbee]

As with manchesterbloke, the company supplied the wrong part, which I returned. There was no outright refusal to supply the right part - in fact they promised to send the right part; but they simply did not do it. Even if part of my order had been right (it wasn't) the missing parts would have made it useless.

Manchesterbloke expected to get a pukka phone complete with accessories to enable its intended purpose - a package; he didn't get what he paid for. It seems to me that the retailer and the card company have not fulfilled their obligations.

[manchesterbloke]

this is all new to me guys....

never thought i would have to threaten my card company with court action to reclaim the funds ...

 

they are always banging on about how safe it is to use you cards giving extra protection when things go wrong...

i feel very let down by them...

 

thanks for the comments ... keep them coming

[blacksheep1979]

you don't have to take action against the card company but you can - and they know it so it may be the kick up the arse that they need to bother refunding you your money

[manchesterbloke]

just got off the phone to the credit card company... been told they have sent me the wrong letter by mistake... i now have to write to their consumer rights dept... with all the details so they can investigate..

 

i should think so too!!!

 

 

many thanks guys

 

i will keep you posted over the next few weeks

[blacksheep1979]

seems like they're backing down - good luck