Bad retailers

[SammyInnit]

I purchased an item last October which I hadn't used until this October but it was within a 12 month period. Within about 10 minutes of use the thing had broken so was unusable.

As it was in as new condition previously and I still had the outer packaging I contacted the retailer on eBay, explained the situation and they were more than happy to have it back for repair or replacement.

I sent it back as a recorded delivery including a cover letter explaining I'd prefer a refund (expecting a replacement wouldn't be any better), the original listing transaction and the PayPal transaction.

After about 2 weeks I messaged asking if any decision had been reached to be told it had been sent back to the manufacturer (Stanley Black and Decker) to be assessed and I would be informed when they heard anything.

Another month or so went by and I asked the question again, same answer pretty much.

Two weeks ago I asked the question again and was told the manufacturer needed to see a dated invoice from the original purchase and they don't keep records beyond 90 days of a transaction (in itself a lie as the HMRC require you keep records for 5 years).

So at this I explained I had sent them a paper copy of both transactions and asked if they had lost them. After being told they had I said I'd send a PDF copy via email.

I did this and a screen capture version of the PDF via the eBay messaging system. I was replied to saying they couldn't do anything as it wasn't dated (it was).

I told them it was and before they said it I reminded them it was returned within a 12 month period (obviously trying all tricks) - although in the UK we have consumer rights for 5 years if something has failed before a reasonable period of use has passed (could be 8 years thinking about it).

Up to today, I've still heard nothing back, the faulty item hasn't been returned and I've had no refund. I've messaged them again saying if they have to intention of doing anything to return the faulty item to me and I've told them my return address is on the dated invoice I've given them 3 copies of (just to be an arse).

Realistically I can't see them doing anything - do I realistically have any options beyond ebay? Consumer rights groups or SB&D?

 

[Deleted member 174758]

Trading Standards? eBay? (assuming they were an eBay trader) They are pretty obviously in breach of the Consumer Contracts Regulations which state that if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same consumer rights as under the Consumer Rights Act (which replaces the Sale of Goods Act from 1 October 2015) as you have when buying in shop. There is a complaint letter writing link if you follow the link above to "Consumer Rights Act" (on the Which site) which will create and email you a complaint letter when you fill in the details, but as you've already gone down this track I suppose you could always send the stuff again (recorded delivery) together with a letter stating that if the matter isn't resolved to your satisfaction within 14 days you intended to lodge a case in the Small Claims Court. Lodging a case will cost you about £25 if done on line for amounts up to £300. Once you've lodged a case (and deposited all of the evidence) they will need to turn up and defend themselves in court. If there's a no-show (common for small amounts), then the judgement will generally be given in your favour. If they lose they'll have to pay the amount awarded (cost of the goods), plus the court costs, plus any expenses you've lodged (e.g. photocopying, postage, etc)

 

[bernardgreen]

Was the item a genuine one made by Black and Decker or was it possibly a counterfeit item ?.

Contact Black and Decker and ask if the retailer had in fact returned the item to them for evaluation. If you can provided the serial number then Black and Decker might know immediately if it is a counterfeit item.

 

[SammyInnit]

Item was genuine sold under the POP brand, SB&D Fastening systems.

I've been trying to contact eBay directly as it was outside of the 90day period I wasn't able to open a case as such.

 

[SammyInnit]

So I've sent this recorded signed for today including a copy of the invoice stapled to it:

12/12/2018

Dear Sir or Madam,

REFERENCE: Sammyinnit/**** Poor Tools-TUCKERPOP TT55D

I purchased the TUCKER POP TT55D from On Site Tools. At the point of purchase I paid £25.99.

The TUCKER POP TT55D is not of satisfactory quality. The product stopped working after hardly any use which could be condensed down to around 15 minutes working time.

Included with this letter is a fourth mailed copy of the PayPal invoice which confirms payment for the above item.

The faulty item was returned to you before the end October 2018.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with **** Poor that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and I've owned the product for less than 6 years and a previous attempt at repair or replacement has also failed, I am within my statutory rights to ask for it to be replaced at no further cost to me.

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

Yours faithfully,

Sam

See where that gets me.

 

[SammyInnit]

JobAndKnock, you'll notice the small claims route simply isn't worth while as the fee is a fraction less than the tool itself.

However for me now it's the principal. The fact that the first time I used it, it fell apart on me and since addressing it with the retailer they've made every attempt to avoid responsibility.

 

[opps]

JobAndKnock, you'll notice the small claims route simply isn't worth while as the fee is a fraction less than the tool itself.

Threaten to take them to the small claims. It isn't worth their while to send an employee to court regardless of whether they believe they will win or lose. If they don't turn up, the judge is likely to find in your favour. If they don't pay up 30 days after the judgement a winding up petition can be issued which may result in the firm being liquidated.

 

[opps]

So you purchased it from these people?

MOD: PII removed.

Whoops, I wonder how long it will take Google to index this page...

 

[SammyInnit]

So you purchased it from these people?

MOD: PII removed.

Whoops, I wonder how long it will take Google to index this page...

Ah, I was going to give them slightly more benefit of the doubt but it seems I've missed a mention.

Oh well, serves them right I suppose. It has been going on since October after all.

 

[opps]

Ah, I was going to give them slightly more benefit of the doubt but it seems I've missed a mention.

Oh well, serves them right I suppose. It has been going on since October after all.

To be fair to them they have good ebay feedback but when it comes down to it they have clearly dropped the ball in this case and hence I don't think naming them is unreasonable.

If I had been treated in that way, I would post my discontent on their twitter and facebook feeds as well.

 

[^woody^]

Assuming this is a consumer transaction, not trade, then you have a limited time to reject the goods for a refund or replacement 28 days IIRC. At near to twelve months you are only entitled to a replacement or repair and only after the retailer inspects the product, and you have to "prove" that the defect existed previously - which in your case it would seem to be the case.

Business transactions don't have this protection and rely on the contract of sale.

 

[SammyInnit]

It was purchased personally, not through any business transaction.

It was returned as new bar the defect and boxed.

Mastic on the handle was wiped off before it was sent back, some left on my gloves when I was using it.

 

[opps]

Assuming this is a consumer transaction, not trade, then you have a limited time to reject the goods for a refund or replacement 28 days IIRC. At near to twelve months you are only entitled to a replacement or repair and only after the retailer inspects the product, and you have to "prove" that the defect existed previously - which in your case it would seem to be the case.

Business transactions don't have this protection and rely on the contract of sale.

AFAIK, if you are self employed the firms can not skirt your "consumer" rights. Regardless, the product should be covered by Stanley's limited warranty.

That said, you may well be correct about the time limits regarding a refund.

 

[cdbe]

Order another, claim non delivery and get a refund from PayPal.

 

[SammyInnit]

Had a message off them this morning, not sure if they've seen something I've posted online about them or if that letter got to them already but they've offered a refund as a 'Good Will' Gesture.

I have explained to them however, regardless and as understandable as it is that they have 'been waiting for a response from their supplier', the buck falls with them to remedy the situation as I am their customer and have no interaction with their supplier.