Help with my consumer rights.

[callum84]

Hi there, id really appreciate some help with an ongoing issue im having that is stressing me out at the minute, any help would be great.

 

I purchased an IP Camera from an online retailer for £280.

 

The day of delivery i set up the camera but was very disapointed with the image quality and could not get it to reliably record events every time.

If a security camera cant reliably record all motion events then whats the point.

I spent the full day trying to get it working correctly and half the following day then packed it back up.

 

I contacted the retailer by email on the day after delivery that i was wanting to reject the goods and cancel the order as not fit for purpose.

 

3 or 4 days passed and i had no response so I called and was told that my cancellation would be passed to returns department but another 2 days passed with no contact.

 

I called again and was told that again my message would be passed to returns department

and within an hour i received an email telling me that they cant accept the item back without manufacturers authorisation and I should take up the issue with manufacturer.

 

Straight away i called back and spoke to someone,

I asked why my order could not be cancelled as within the 7 days DSR.

I was advised that as i had tested the item the DSR did not apply.

 

I was also told that if i return the item they are unable to test and it will be returned to manufacturer

and if they could not find a fault i would be charged carriage both ways and for their time.

 

The guy again asked me to take it up with the manufacturer but i explained that a week had passed with no contact

and after the stress of the item and dealing with his company i was no longer willing to spend more time on it.

I left the call with ill think about it.

 

I had a look on manufacturers website and the process to get support would take up a lot of time i did not have and would involve more waiting.

 

I sent an email to the company including the following, and opened a paypal dispute as that was my payment method.

 

Under the Sale of Goods Act 1979, the goods must be ‘as described’, ‘of satisfactory quality’, and ‘fit for purpose’.

 

I reject these goods and would like to exercise my right to return the goods and get a refund.

 

The law says I must do this within a ‘reasonable’ time and I think you will find 1 day is more than reasonable.

 

I also feel the information you have been supplying me regarding my statutory consumer rights has been false and misleading and would like to remind you that it is against the law to mislead consumers about their legal rights - this could lead to a criminal prosecution under the Consumer Protection from Unfair Trading Regulations 2008.

 

Within 10 mins i had an RMA number and a courier arranged to uplift goods today (25th).

 

Goods were uplifted and my request for paypal refund was declined with a note that the goods will be tested and if found to be faulty a refund given.

 

Ive got a feeling the company are going to pull a fast one what if the manufacturer can not find fault with unit, am i really liable for all those charges?

If the unit is indeed not faulty but just pants and not fit for purpose surely the manufacturer will not admit this and im out of pocket.

 

Really need some advice on where to go from here, can escalate my paypal dispute any time but thought it best to wait until goods have been received back.

 

Sorry for the long winded post but thought it best to get all details in there.

 

Thanks

[Fox Morris]

Straight away i called back and spoke to someone, I asked why my order could not be cancelled as within the 7 days DSR. I was advised that as i had tested the item the DSR did not apply.

They have lied to you the whole purpose of the DSR is to let you examine the goods. The following can be found on the OFT's website:

 

Packaging

The purpose of the DSRs is to allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods.

In these circumstances, you cannot insist that customers return the goods as new or in their original packaging. You may ask customers to take care when they open the package or return goods with the original packaging, but you cannot insist on this.

The DSRs do not provide for goods to be returned in a fit state for resale.

You should think carefully about your packaging and how easy it is to open and put back together so that the integrity of the product can be maintained to enable resale.

 

You may also find the Citizen's Advice Bureau website of use.

 

I would contact them again, confirm that you have been misled about your rights under the DSR, point them to the OFT's website linked above which show's the true state of play and insist on a full refund, including the cost of the return carriage (unless their terms clearly state that returns are at the consumer's cost or words to that effect).

 

Let them know that if they refuse a refund, you will be contacting CAB and trading standards on the basis they've breached their statutory duties. Good luck!

[callum84]

I did call Citizens Advice consumer service but was told that as id used the item my best plan would be to use SOGA. Perhaps I had an inexperienced adviser.

 

Would I be better contacting them through Paypal resolution service or directly by email? Do you recommend i escalate my dispute to a claim sooner rather than later or deal with them directly.

The company are stubborn and wont seem to recognise any legislation I quote them, I honestly dont think they care.

[citizenB]

It might be worth opening a dispute with PayPal as well because there is a time limit I think. I will also flag this for the site team for you.

[dx100uk]

dont faff around if you paid by a card do a chargeback.

 

dx

[callum84]

dont faff around if you paid by a card do a chargeback.

 

dx

I paid by debit card, sorry I'm not too clued up on chargebacks but I will do some research.

[callum84]

It might be worth opening a dispute with PayPal as well because there is a time limit I think. I will also flag this for the site team for you.

 

PayPal dispute is already open, I can escalate to a claim anytime but unsure if this would be wise a this stage.

[dx100uk]

I paid by debit card, sorry I'm not too clued up on chargebacks but I will do some research.

 

http://whatconsumer.co.uk/visa-debit-chargeback/

[callum84]

They have lied to you the whole purpose of the DSR is to let you examine the goods. The following can be found on the OFT's website:

 

Packaging

The purpose of the DSRs is to allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods.

In these circumstances, you cannot insist that customers return the goods as new or in their original packaging. You may ask customers to take care when they open the package or return goods with the original packaging, but you cannot insist on this.

The DSRs do not provide for goods to be returned in a fit state for resale.

You should think carefully about your packaging and how easy it is to open and put back together so that the integrity of the product can be maintained to enable resale.

 

 

I would contact them again, confirm that you have been misled about your rights under the DSR, point them to the OFT's website linked above which show's the true state of play and insist on a full refund, including the cost of the return carriage (unless their terms clearly state that returns are at the consumer's cost or words to that effect).

 

Let them know that if they refuse a refund, you will be contacting CAB and trading standards on the basis they've breached their statutory duties. Good luck!

I held off on the chargeback and paypal claim and sent a formal complaint email pointing them to the OFT website with the section you quoted.

They then changed their tune and I received a full refund today.

Thank you so much for the advice.

[callum84]

dx

Although I didn't need to use it thanks for the advice, im now clued up on chargeback scheme for the next time.

 

Cheers

Edited January 30, 2013 by callum84
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