CC chargeback/retailer wants to go to court
Discussion
Hey Everyone,
So I purchased an item on the 01/10, and it broke within 30 minutes of use, I didn't misuse it etc, and then asked the retailer if I could get an exchange or a refund, they simply refused and only offered a repair.
I tried to reason with them (over a course of several days) but they wouldn't budge and so I contacted my credit card company and asked for a refund and once showing them all the relevant documents ie: me trying on multiple occasions and that I had proof of return delivery, they issued my money back. Oh, and the retailer returned the item after repairing it..
However do I got an email from said retailer saying 'We now give notice that we will start legal proceedings to recover the goods you purchased, plus any County Court fees if you fail to return the goods back to [company] within 7 working days.
We will base our claim on your unwillingness to accept our terms and conditions despite you agreeing to them at the time of purchase.
We will show the court that we have met our obligation in full, yet you still retain our goods.'
So I guess I just wanted to know, do I actually need to return the item (not tryna keep something for free!, But just hassle now trying to find something to box it in and send it off etc), but can they actually say they want their item back otherwise it'll turn into court proceedings?
So I purchased an item on the 01/10, and it broke within 30 minutes of use, I didn't misuse it etc, and then asked the retailer if I could get an exchange or a refund, they simply refused and only offered a repair.
I tried to reason with them (over a course of several days) but they wouldn't budge and so I contacted my credit card company and asked for a refund and once showing them all the relevant documents ie: me trying on multiple occasions and that I had proof of return delivery, they issued my money back. Oh, and the retailer returned the item after repairing it..
However do I got an email from said retailer saying 'We now give notice that we will start legal proceedings to recover the goods you purchased, plus any County Court fees if you fail to return the goods back to [company] within 7 working days.
We will base our claim on your unwillingness to accept our terms and conditions despite you agreeing to them at the time of purchase.
We will show the court that we have met our obligation in full, yet you still retain our goods.'
So I guess I just wanted to know, do I actually need to return the item (not tryna keep something for free!, But just hassle now trying to find something to box it in and send it off etc), but can they actually say they want their item back otherwise it'll turn into court proceedings?
Indeed, not sure what your beef was with the retailer. They were entitled to offer a repair, you were not entitled to a refund. Your CC company realistically should not have issued the chargeback, but they often do as it's easier for them to do that and leave the retailer to argue the toss.
You can either return the item, or pay them for it. Or go to court, and lose. Your call.
You can either return the item, or pay them for it. Or go to court, and lose. Your call.
Again IANAL & am looking at what's in this 'Which' article so will likely be corrected by our more learned colleagues!
If the item broke in normal use then I would suggest it is not of satisfactory quality.
If you returned it as such within 30 days of purchase then:
"Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period."
If you returned it outside the 30 day period then:
"If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
the cost of the repair or replacement is disproportionate to the value of the goods or digital content
a repair or replacement is impossible
a repair or replacement would cause you significant inconvenience
the repair would take an unreasonably long amount of time.
If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund."
https://www.which.co.uk/consumer-rights/regulation...
However, as it currently stands you have had a refund with the chargeback AND you have the item so I'd suggest you need proper legal advice from a qualified & insured lawyer as to your next steps. Perhaps such advice would be returning the item & obtaining a signed receipt although that wouldn't stop them alleging that the item is not as returned to you by them.
Have a chat with your local Citizen's Advice Bureau?
If the item broke in normal use then I would suggest it is not of satisfactory quality.
If you returned it as such within 30 days of purchase then:
"Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you buy your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period."
If you returned it outside the 30 day period then:
"If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
the cost of the repair or replacement is disproportionate to the value of the goods or digital content
a repair or replacement is impossible
a repair or replacement would cause you significant inconvenience
the repair would take an unreasonably long amount of time.
If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund."
https://www.which.co.uk/consumer-rights/regulation...
However, as it currently stands you have had a refund with the chargeback AND you have the item so I'd suggest you need proper legal advice from a qualified & insured lawyer as to your next steps. Perhaps such advice would be returning the item & obtaining a signed receipt although that wouldn't stop them alleging that the item is not as returned to you by them.
Have a chat with your local Citizen's Advice Bureau?
Edited by paintman on Wednesday 29th November 10:17
deckster said:
Indeed, not sure what your beef was with the retailer. They were entitled to offer a repair, you were not entitled to a refund. Your CC company realistically should not have issued the chargeback, but they often do as it's easier for them to do that and leave the retailer to argue the toss.
You can either return the item, or pay them for it. Or go to court, and lose. Your call.
The purchaser is under no obligation to accept a repair. Refer to previous post which summarises the applicable leglislation.You can either return the item, or pay them for it. Or go to court, and lose. Your call.
P4Pistonhead said:
So I guess I just wanted to know, do I actually need to return the item (not tryna keep something for free!, But just hassle now trying to find something to box it in and send it off etc), but can they actually say they want their item back otherwise it'll turn into court proceedings?
It seems you now have a repaired item plus a credit card chargeback, so I'd say you need to return the repaired item. Make sure you have proof of return. Thanks for all the posts guys!
Yeah I will return the item, I just wanted to see what people would say.
The only reason I even went to my bank was because the retailer wouldn't issue a refund or an exchange even AFTER I returned the item back to them initially, despite me showing all the rights etc, and they delivered it right back again.
I was pretty reasonable to them initially, I first asked for an exchange of the same product, they refused, I then asked for a refund, they refused, so I had no choice really.
Time to find a box!
Yeah I will return the item, I just wanted to see what people would say.
The only reason I even went to my bank was because the retailer wouldn't issue a refund or an exchange even AFTER I returned the item back to them initially, despite me showing all the rights etc, and they delivered it right back again.
I was pretty reasonable to them initially, I first asked for an exchange of the same product, they refused, I then asked for a refund, they refused, so I had no choice really.
Time to find a box!
P4Pistonhead said:
Thanks for all the posts guys!
Yeah I will return the item, I just wanted to see what people would say.
The only reason I even went to my bank was because the retailer wouldn't issue a refund or an exchange even AFTER I returned the item back to them initially, despite me showing all the rights etc, and they delivered it right back again.
I was pretty reasonable to them initially, I first asked for an exchange of the same product, they refused, I then asked for a refund, they refused, so I had no choice really.
Time to find a box!
Be sure to charge the bar stewards postage.Yeah I will return the item, I just wanted to see what people would say.
The only reason I even went to my bank was because the retailer wouldn't issue a refund or an exchange even AFTER I returned the item back to them initially, despite me showing all the rights etc, and they delivered it right back again.
I was pretty reasonable to them initially, I first asked for an exchange of the same product, they refused, I then asked for a refund, they refused, so I had no choice really.
Time to find a box!
P4Pistonhead said:
However do I got an email from said retailer saying 'We now give notice that we will start legal proceedings to recover the goods you purchased,
You never purchased any goods from them. The credit card company bought the goods, and you bought them from the credit card company. You complained to the credit card company that the goods weren't any good and they refunded your money. Any other argument is between the credit card co and the shop where they bought the goods.I'd get in touch with your card company and find out who to sent the paperwork to.
(PS. This is me guessing, based on some knowledge of contract law. Happy for someone who really knows the score to put me right, like BV72).
deggles said:
So essentially they returned the faulty/repaired item to you in error? If it was me I would just invite them to come and collect at any time of their choosing and at their expense.
Sounds like the supplier returned them on purpose, rather than by mistake - unless by "in error" you mean in error of the law?Agree on saying the OP should say the item is available for collection though - although perhaps at the OPs convenience, not the suppliers. Really, he should have done this already, and not just kept the returned item.
I asked if they would cover the postage return and this was the reply
"In response to your request for us to collect or pay for you to return the goods, we will let the court decide. Once again you are evading your responsibility. Our email is very clear, as long as we receive our product back as new within 7 working days we will not take legal action.
If we are not in receipt within the period stated, legal action will commence."
"In response to your request for us to collect or pay for you to return the goods, we will let the court decide. Once again you are evading your responsibility. Our email is very clear, as long as we receive our product back as new within 7 working days we will not take legal action.
If we are not in receipt within the period stated, legal action will commence."
Very unreasonable.
Write back to say
The goods are available for collection at your expense, or will be posted on receipt of postage charges. Otherwise they will be stored safely but I will charge £xxx a day for storage starting from 4 December 2017, and expect payment of storage charges before the goods are released. Therefore please arrange for collection or pay postage by 4 December 2017.
Write back to say
The goods are available for collection at your expense, or will be posted on receipt of postage charges. Otherwise they will be stored safely but I will charge £xxx a day for storage starting from 4 December 2017, and expect payment of storage charges before the goods are released. Therefore please arrange for collection or pay postage by 4 December 2017.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff