Consumer advice required.

[thecraw]

Need some advice to ascertain where I stand legally.

I bought a golf related item which was faulty from a company that is highly rated on here and features on the good shop guide on this forum.

Anyway said item was faulty and I returned it to said shop. The shop have now admitted that the item was faulty after returning it to the manufacturer who tested it and agreed to issue a refund to the retailer.

The retailer have now told me that they will not get the credit through from the manufacturer for 2 - 3 weeks and will contact me when they get the credit through. They have also only offered to replace the item with a replacement or a similar item from a different manufacturer. They have not offered me a refund.

I was under the impression that if goods were faulty then you are entitled to a refund under The Sale of Goods Act.

Can anyone advise please. I am also not impressed in the 2-3 weeks for a refund to me which is also illegal as far as I can tell but I would rather be sure of my facts first.

I'll name and shame the retailer after this is sorted out - if it is sorted.



:sbox:

 

[chrisd]

You are entitled to a refund from whoever you bought it from and generally by the same method as you originally paid ie cash, card

Do not accept a credit note, if you do you're stuck with it and there is no reason why you should be expected to wait, you'r deal has no bearing on payments between the original supplier and where you bought it. You are not obliged to accept a replacement or repaired item and there are potential problems if you do.

I think that the relevent Sale of Goods Act is now 1975 but you can soon Google it if you need to

Ask for a refund and stand your ground the law is totally yours on this one!

 

[RGDave]

I think you're being messed around, legality or not.

However, my understanding is you are entitled to a refund in two ways.

Not satisfactory quality or Not fit for purpose.

Also.

"Any refund, repair or replacement you arrange with your customer relating to faulty goods must not cause them too much inconvenience and you will have to pay for other costs, for example, collection or delivery."

i.e. a) you are being inconvenienced by the delay in refunding you
and b) if you were to "hire" a replacement in the meantime..(but that's a long shot )

A big retailer can absorb the cost of paying you now and in full

If it was a corner shop and you'd just bought their last £1000 TV, then they could argue....

 

[thecraw]

Thanks Gents, that was what I thought. I will wait and see what sort of response I get before taking it further.

I did point out in my last email that my contract was with them, not the manufacturer.

I now know that I'm entitled to a full refund. Cheers.

 

[Val]

Thanks Gents, that was what I thought. I will wait and see what sort of response I get before taking it further.

I did point out in my last email that my contract was with them, not the manufacturer.

I now know that I'm entitled to a full refund. Cheers.

Name and shame now, that way we can stay away in the meantime

 

[DCB]

Had issues like this with a furniture supplier.

See here and here for your rights and shops rights.

Had a six week delay in getting satisfactory action over a faulty leather armchair.

 

[Doon frae Troon]

Sounds like your retailer has a 'cash flow' problem so you would be doing a public service to name them.

 

[thecraw]

This is the email that I got from the golf shop in question.

Hi Crawford

Yes I spoke to XXXXX and they have said they will credit the XXXXX to me. The credit normally takes about 2-3 weeks to come through, so I will be in touch with you as soon as it does. At that point we can offer you a credit or maybe a replacement XXXXXX from another manufacturer.


Kind regards

This is my latest response.

Dear XXXXXX,

Further to your earlier correspondence I find your actions irresponsible and very poor to say the least. Having looked at my options under the Sale of Goods Act 1979 I would like you to refund me in full for the faulty XXXXXX as it clearly wasn't fit for the purpose that it was sold for. I am making it clear that I do not wish a replacement or a credit as is my right.


I also wish this refunded immediately, not in two or three weeks time when XXXXXX credit you for the faulty goods that you sold me. Also please refund me my postage and packaging costs to return this jacket to you. This would have been something I was more than happy to overlook until your last email.


Please see to this at your earliest convenience.


Kind regards,


Crawford Kilpatrick

I think I'll document the whole experience on here without naming them at present as I get a feeling that I'm going to have a hard time getting my money back. (If I get it back)

 

[Val]

Fingers crossed for a prompt resolution buddy

 

[DaveM]

Also as a point of interest. Any goods bought mail order or over the internet. You have a 7 day(may now be more) return. Even if there is nothing wrong with it. Or you just don't like it.

 

[Iaing]

Perhaps if you include a link to this thread in your next email it might help move them along.

 

[thecraw]

Perhaps if you include a link to this thread in your next email it might help move them along.

That's why I ain't named and shamed them yet. I'll await their response in the morning.

 

[CMAC]

its irrelevant if they 'see' this thread, they cannot withold money legally. the facts are the contract is with them not the manufacturer, they are fully aware of this but just delaying you for cash flow IMO.

I think you should name them now especially as they are respected on here, you might save another GM forumer the same hassle.

As DaveM rightly pointed out goods bought via distance selling regs have a 14 day cooling off period as well irrespective of fault or not

 

[Twire]

This is a straight forward site letting you know your consumer rights.


http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

 

[munro007]

I hate when things go wrong when you have purchased things from the net. It feels like they just don't care about good customer service. Another good reason to buy from your local pro, they cant afford to treat you like this. Best of luck Craw.

 

[thecraw]

No response from the retailer today.

They have until tomorrow before I name the golf company with a terrible attitude towards customer service and consumer rights.

 

[Val]

No response from the retailer today.

They have until tomorrow before I name the golf company with a terrible attitude towards customer service and consumer rights.

Shocking service

 

[thecraw]

The lovely people at Dunluce Golf are now not even answering emails.

My Adidas jacket leaked like a burst welly boot and I contacted them to return it. Now to give them credit where credit is due they responded swiftly and asked me to return the jacket which I did via recorded delivery and I have the proof that Dunluce Golf received my faulty jacket.

I have since had word from Dunluce Golf that Adidas have agreed to replace my jacket and that they will be credited for it however they say I will only get my refund when they have been credited by Adidas.

Obviously this is no use to man nor beast considering how wet its been lately and they expect me to wait for 2-3 weeks before I get my money back. They have also only offered me an exchange or credit note.

As I say (earlier in this thread) I now want a refund for my faulty jacket as Adidas have credited them so they win no matter what. Sadly Peter at Dunluce has decided not to respond to any further emails nor has ne or Dunluce Golf refunded me any money to date.

What are my next steps, I suppose I could raise it to a small claims however it'll not get my money any quicker.

Overall Dunluce have left a very very bitter taste and I'll never ever use them again, I'd rather do without. They dispatched my jacket quickly when I bought it, they answered my initial complaint swiftly however they seem hell bent on holding onto my money.

I'd think very carefully before placing orders as there customer service in the event of a complaint is rather poor to say the least. From my experience anyway!

:sbox:

 

[BeachGolfer]

If purchased with a credit card, refer the matter to your card issuer / bank and they will fight this for you.

 

[Val]

How old is this jacket?

If its months old which I think from memory of your review it might be then this can be common practice, to wait on refunds from manufacturers.

It happens with regularity in the building trade.