Refusing to refund or replace!

[Nakajo]

* Not sure whether the minimum applies to the whole purchase, or to the amount paid by card.

Martin Lewis covers this one

 

[Sam Gangee]

Ie if it's a simple fault that's easily repairable then they'll choose a refund.

No.

 

[SimonH2]

"Bother", that should of course say "they'll offer a repair"

 

[winston1]

There is no specified time limit, but there is a general statute of limitations that cuts you off at 6 years, 6 years in Scotland IIRC.

Well there is no legal basis (other than the distance selling regulations) for rejecting something and getting a full refund. The vendor is allowed to repair, replace, or refund at their own discretion -

It is 5 years in Scotland, but I guess that is a typo.

Although most of your post is correct if a customer rejects something under SOGA the vendor is obliged to give a refund. If the purchased decides to accept a repair or replacement he cannot change his mind later however.

 

[DRM]

Although most of your post is correct if a customer rejects something under SOGA the vendor is obliged to give a refund. If the purchased decides to accept a repair or replacement he cannot change his mind later however.

This is the relevant part of their last email -
Thank you for your email dated 7th August 2015. I would like to have spoken to you in regards to this, however, I was unable to reach you on the number provided.

I have noted your intentions on supplying the details of this case to your card issuer instruct a charge back. Whilst we understand your actions this does not enable us to action your refund without completing a full and proper investigations as to the current location of the TV. As advised by my colleague Karen, once the investigation is complete the investigating team will be in contact.
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In which they have acknowledged that I require a refund.

 

[Lucid]

Them losing the set isn't anything to do with you though, is it. This is matter between them and their courier. It should have no bearing on them issuing a refund. That, and the "we can't reach you" are just delaying tactics IMO.

 

[DRM]

Them losing the set isn't anything to do with you though, is it. This is matter between them and their courier. It should have no bearing on them issuing a refund. That, and the "we can't reach you" are just delaying tactics IMO.

You might be right about the delaying tactics and this is what’s concerning me.

The receipt that they gave me when I returned it looks fishy because they have called it a Service Docket and put the wrong make on it, got my email address wrong and put an X in the box Customer to Pay.

I went back in the store to query this and was told that it was nothing to be concerned about.

Now I’m wondering if they are using delaying tactics until the stores CCTV tapes have been wiped allowing them to say that I never returned it.

Am I now being paranoid?

 

[SimonH2]

Hard to say, but it does sound like they have been incredibly sloppy.

I'd be inclined to email them back (since you seem to already have been doing that) and point out that them having lost the set is not your problem, and neither is the sloppiness of their staff in the store. Give them the "sort it or we'll meet in court" spiel from above - that will probably get them moving a bit.

 

[DRM]

This is the last email that I sent them and the one that I got the response to shown earlier in this thread.

I thought this would be enough, but as you can see they are not budging.

How long do they generally keep the stores CCTV footage in these places?

Should I take this receipt/Service Docket back to the store and ask them if it is valid?

Can I claim against the actual store instead of Customer Services for losing the TV/Projector?


-------------------

Dear Ms XXX,

Regarding Case Reference: XXX

You must agree that I have been very patient over the last two weeks, while you looked for the TV that either you or your courier has lost.

I have only discovered that this is your reason for the delay since I started communicating by email instead of by telephone.

The fact is that I did not lose it and I do not see why I should be the one that has to suffer because of its loss, therefore I have contacted my Debit Card provider regarding their Chargeback scheme and they were very helpful.

I thought it was only right and proper to inform you of my intentions before proceeding and to give you one last chance to provide a full refund as previously requested.

If you do not have the authority in your organisation to execute my request for a full refund, I suggest that you pass the matter over to someone who does have that authority.

In the meantime, I will be collating the relevant documents ready to send off to my Debit Card provider.

Yours sincerely,

 

[Sam Gangee]

If you bought the TV from the store and you returned it to the store then that's your point of contact.

 

[SimonH2]

It's slightly more complicated as he bought it online and only collected it from the store. But since the online and real presence are probably the same business legally it doesn't really matter.

Since the store doesn't seem willing or able to sort it, I'd suggest just going ahead with the chargeback if the card issuer will do that. Otherwise, small claims court. I think CCTV records (which will probably be digital these days rather than tapes) are probably irrelevant since they seem to have acknowledged that they "have it" but are struggling to locate it. Retension for the CCTV could be anything from a few days to a few months depending on what they record (number of cameras, quality, frames/second) and disk size.

 

[DRM]

If you bought the TV from the store and you returned it to the store then that's your point of contact.

I bought it online and collected it from the store the following day.

When I contacted Customer Services about the fault, their operative told me to return it to the same store, which I did the same day.

I haven't seen it since I left it in their care.

 

[SimonH2]

2 weeks is long enough to have given them, so I'd say just go ahead with a chargeback.

 

[DRM]

Phoned RBS Retail Disputes this morning to check that they had received the emailed information that I sent on Friday.

She said it was in the queue waiting to be processed and this takes about 10 days.

At least I know the ball is now rolling!

Thanks for all the help and advice.

I hope the RBS don’t let me down, but I’ll keep you posted.

 

[DRM]

I said I would keep you posted.

After 4 weeks of effort and persistence I have finally received my £879.00 refund from Currys.

I've just cancelled the RBS Chargeback and called off Watchdog Interventions.

They have apologized and offered some discount off my next purchase, but there is no way that I will ever deal with this company again.

Many thanks again for all your help and advice.