not allowed to return?

[sarah1942]

I purchased a Dyson fan from Littlewoods catalogue two weeks ago, plugged it in, found it incredibly noisy -- no way could I sleep through that -- unplugged it, packaged it up and phoned to return it. I have been told I can't do this as it has been used.

 

How on earth do you know whether a fan is going to be suitable or not until you've listened to it? Other reviews have stated how noisy it is.

 

I purchased this on a buy now pay later scheme and it's going to cost me £1007.

 

When I ordered it I asked if I could return it if I found it unsuitable and I was told yes. Littlewoods say they are going to listen in to that recording and if I was told that, they will accept it back as I was given the wrong information. I asked if I too could listen in and they said no I'm not allowed.

 

I am horrified that I've got to pay all that money for a fan that I plugged in for half an hour, found it too noisy to sleep, and that's all I did.

 

Does anyone know if I have any comeback here?

 

Thanks, Sarah.

[renegadeimp]

Soga. Ignore littlewoods.

[sarah1942]

just "ignore littlewoods". Very helpful.

[Kaiserfarrow]

You can request a transcript of the call as a Subject Access Request - they may charge a fee of up to £10.00.

 

Assuming you're outside 14 days after purchase to return under Distance Selling Regulations?

 

Edit: Would SOGA apply here, as technically there's nothing wrong with the fan?

[citizenB]

just "ignore littlewoods". Very helpful.

 

You will see there was also a reference to SOGA prior to the comment to ignore Littlewoods. Which is indeed very helpful!

[sarah1942]

sorry I didn't know what SOGA stood for. But is it applicable here as the fan isn't faulty?

[BazzaS]

sorry I didn't know what SOGA stood for. But is it applicable here as the fan isn't faulty?

 

SOGA refers to "fit for purpose" rather than "not faulty"

 

If something is faulty SOGA applies as "faulty" implies "not fit for purpose".

 

When you purchased it did you say "I'd like THAT fan", where you have decided it meets your needs, or "we'd like a fan to use at night in the bedroom, it is too hot to sleep" where the fan also being quiet enough to allow you to sleep forms part of its fitness for purpose?

 

Edited to add : "When I ordered it I asked if I could return it if I found it unsuitable and I was told yes. Littlewoods say they are going to listen in to that recording and if I was told that, they will accept it back as I was given the wrong information. I asked if I too could listen in and they said no I'm not allowed"

 

As others have noted : SAR them, including for that recording. If you state that you asked if you could return it if unsuitable, if they have the recording they will back down.

If they don't have the recording they should back down too, as the alternative would be them claiming you are either lying or mistaken : neither of which are attractive alternatives for them!

Edited August 6, 2013 by BazzaS

[ericsbrother]

Did you phone within 7 days of receiving the item? The Distance Selling regulations gives you this time to "inspect" your goods and make arrangements for their return if you decide not to keep them. Your itemised telephone bill will suffice as proof of contact. Write to them telling them that you have been denied your statutory rights and you wish to receive a full refund as per the DSR's. You should make the item available for them to collect or they can give you a returns slip.

You might want to get a fax number for their leagl departyment, phone customer services and ask for this and if they want to know why just tell them you have been denied your statutory rights and wish to take the matter further and will not discuss the detail with them as they are not in a position to be of any help.

[sarah1942]

As I said, my premature baby granddaughter was born sleeping a long way from where I live in that week and she and my daughter came before phone calls to littlewoods.