Am I Entitled to Refund?

senordingdong

I went to certain electronics megastore before xmas and bought an item from them.
The item was faulty so I promptly returned it and they were happy to take it back but unfortunately they did not have any more of this item in stock to replace the one that I returned.

I was naturally promised that more were on order and that I would receive a phone call as soon as they arrived, and so, was issued a credit note rather than a cash refund.
As I had every intention of returning to purchase this item, I was satisfied with the credit note.

Unfortunately, it is nearly May and I have still not received a phone call from any of the staff that have promised to contact me, I made two phone calls myself since the return, both with no result and have checked their website regularly to see if the item was back in stock. It hasn't been.

Now I'm fed up and just want my money back so that I can get the item elsewhere but was wondering that since I accepted the credit note, are they still obliged to issue a refund?

Any advice welcome.

sandin

yes as 5 months is too long and they are unable to provide you with a replacement product.

However you will need to have some proof to show that you were waiting for this product and you ahve been reasonable. But once you have this, they should give a refund.

L1m1tless

That's a good while to wait. I would be looking for a refund at this stage. LEt us know how you get on.

senordingdong

Yeah it sure is, but that's why I was wondering, would they try to tell me that some sort of alloted time has passed or something.

I'm sure they'll try to convince me to just buy something else.

L1m1tless

Tell them you are entitled to a refund repair or replacement. They cant offer you a replacement or repair so they must give you a refund.

slimjimmc

I'm afraid at this stage the retailer could simply claim you accepted the voucher in settlement regardless of whether or not you intended to use it to buy a replacement.

niallon

slimjimmc wrote: »

I'm afraid at this stage the retailer could simply claim you accepted the voucher in settlement regardless of whether or not you intended to use it to buy a replacement.

This is true, on a face to face basis. In SCC you would likely find success, but the price of the item would come back against you. AFAIK a retailer has a maximum of six weeks (?) to complete their repair on a product and in lieu of that they must look at a replacement, which these obviously can't do. Last resort then is a refund. If you quoted this to them as being law they may change their tune slightly as you will have shown to be aware of your statutory rights in a fashion that most customers aren't.

slimjimmc

niallon wrote: »

This is true, on a face to face basis. In SCC you would likely find success, but the price of the item would come back against you. AFAIK a retailer has a maximum of six weeks (?) to complete their repair on a product and in lieu of that they must look at a replacement, which these obviously can't do. Last resort then is a refund. If you quoted this to them as being law they may change their tune slightly as you will have shown to be aware of your statutory rights in a fashion that most customers aren't.

There's no maximum period set in law, it all depends on what's reasonable in each specific case.

niallon

slimjimmc wrote: »

There's no maximum period set in law, it all depends on what's reasonable in each specific case.

That's what I wasn't sure of, had an experience with a PC repair with a major retailer where they actually told me upfront they would replace it if six weeks elapsed, got it back repaired after five weeks and three days.

senordingdong

slimjimmc wrote: »

I'm afraid at this stage the retailer could simply claim you accepted the voucher in settlement regardless of whether or not you intended to use it to buy a replacement.

Yeah that's what I was afraid of.

If my demands lit a fire under their ass then so be it.
But whatsmore the, voucher still has the receipt of the original transaction, and of the credit issue, attached. Do you think that would hold water?

sandin

slimjimmc wrote: »

I'm afraid at this stage the retailer could simply claim you accepted the voucher in settlement regardless of whether or not you intended to use it to buy a replacement.

Not if the OP can show that he/she actively pursued the replacement of the original item. In this case the credit note was accepted as a promise of sorts whilst stock was awaited.

By showing that he/she continued to contact them about the original issue, it shows that the credit note was not accepted as a final outcome, but as a form of guarantee.

Best thing is to explain it to the store in a pleasant manner and they should be able to do something.

foggy_lad

niallon wrote: »

That's what I wasn't sure of, had an experience with a PC repair with a major retailer where they actually told me upfront they would replace it if six weeks elapsed, got it back repaired after five weeks and three days.

That is that company's policy and nothing to do with your rights as a consumer.

skinny90

have a chat with the manager.what kind of product is it?is it still available or has it been superseded.

emeldc

OP, you have been waiting five months. I have no idea what your rights or their rights are but they cannot supply you with the item you want. If it were me I would return to the shop and demand a refund. I wouldn't leave until I got it. I refuse to put up with bull s**t anymore. But then that's just me .

senordingdong

slimjimmc wrote: »

I'm afraid at this stage the retailer could simply claim you accepted the voucher in settlement regardless of whether or not you intended to use it to buy a replacement.

This.

I went back and politely explained the situation, but unfortunately, while the manager on duty could sympathise, he explained a refund couldn't be given.
He said that since the credit note was issued, there was no 'extra funds' on their books to refund to me and that I should not have been given a credit note in the first place.

However what he did do was make a few phone calls and hey presto, the item will be back in stock tomorrow, with one behind the counter with my name on it.
Result imo.

Soundman

How convenient. Glad you seem to be sorted finally.

colinkeaskin

ring the consumer association

slimjimmc

colinkeaskin wrote: »

ring the consumer association

Why?

senordingdong

Soundman wrote: »

How convenient. Glad you seem to be sorted finally.

Yeah, that's what I thought too!

But like I said, a fire was lit under their ass and that got **** done.

Soundman

Here's hoping that tomorrow (or whenever you do go in) does bring in some good news for you.

emo72

the fact that you paid for something 5 months ago, and all you had was a piece of paper? they owe you.