Faulty Tent - Reatailer Rufusing Refund - Advice Please

[Steve Mac]

In June I bought a tent from a camping specialist retailer (don't wish to name them at this time) for £1500.

 

The deal we got included the tent, an awning converion kit and a tent carpet.

 

Last month we went camping for a week and noticed several faults with all of the components.

 

There were various rips, a repair that had already been carried out, and the carpet did not fit.

 

I phoned the retailer and said I would be returning it, expecting a replacement.

 

The guy I spoke to on the phone said thats fine, to arrange a courier with them and send it back.

 

He also explained that they were aware of the issue with the carpet,

as the manufacturer had somehow managed to get the production wrong for all of the carpets

for that particular tent, and that they would all be replaced next year when they produced their next batch of carpets.

 

I also emailed the retailer with photos of the faults, and they arranged for a courier to pick it up.

 

A few days later I was phoned by the retailer who told me that they had received the items,

and that they would be inspecting them.

 

He also told me that the Awning Conversion was no longer in stock,

and none would be produced again until Februaury next year,

and therefore we would not be able to have a replacement until then.

 

The tent however is in stock.

 

After some discussion with my wife, we decided that it was unreasonable to be without this for nearly half a year,

just because the manufacturer has some strange production schedules.

It's like buying a saloon car and being told "yeah, we'll deliver the rear seats in six months"

 

Earlier this week I emailed the retailer stating that we would like a complete refund instead,

as it was unreasonable that they would be unable to supply us with the Awning Conversion until next year.

 

I got no reply, so this afternoon I phoned them and they told me they would not be refunding me my money

and would try to source an Awning conversion kit from the manufacturer,

as the Sale of Goods Act states that they do not have to offer a refund,

and that the consumer cannot insist on one.

 

I asked them what happens if the manufacturer cannot give them one and he just said

"We'll have to have that conversation when it happens."

 

Where do I stand with this?

 

Is he right to refuse a refund for faulty goods?

 

Don't know if this makes any diference, but the tent was bought using a credit card.

 

Any help would be much appreciated.

Edited September 6, 2013 by Steve Mac

[dx100uk]

silly beggars what ar ethey playing at

 

i'd do a section 75 refund directly with the CCC..

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

[Steve Mac]

Thanks, dx.If he is correct, and SOGA says they are able to offer a repair/replacement before considering a refund, won't the credit card company say the same thing?

[dx100uk]

you shouldn't be made to wait 6mts that's unreasonable and unfair

 

so

 

under soga the retailer should now offer a refund.

 

you are not outside the 6mts burden of proof

 

so its for the retailer to prove the 'issues' were not a manu fault

which they appear to be and are recoginsed by the retailer as such.

 

on a straight case of the manu admitting they are at fault

then you should be getting a full refund, no matter how old the item.

 

dx

[Steve Mac]

I like the sound of that, but at the moment the retailer is holding all the cards - they have my money and my tent. The guy I spoke to was the one who started quoting SOGA, and saying that I can't insist on a refund. What can I do or say that will make him change his mind?

[dx100uk]

if the manu has confirmed to the public that their item that you have

are the subject of faulty manu

 

then SOGA clearly states that a full refund of said items MUST be given

 

the reatialer thus then claims from the manu.

 

it is NOT acceptable under SOGA, to be told you have to wait 6mts for the item to be replaced.

 

dx

[Steve Mac]

I see. Unfortunately this may end up being a little more difficult as the items were purchased as a 'package' that Mrs Mac haggled and so weren't individually priced. We would not have purchased the tent on its own, and I don't want to be left with only the tent and no awning/carpet.

[dx100uk]

then you get a refund of the listed price of the faulty items and go elsewhere

and get them.

 

I cant believe these items are ONLY stocked by this retailer.

 

 

 

dx

[renegadeimp]

If the retailer refuses, WRITE to their head office and give them 14 days to refund your money. If they fail to do so, then issue a court claim for the amount owed and inform trading standards.

[Steve Mac]

dx - they are not the only retailer that sell this item,

it's just that the manufacturer (Outwell) appear to have some very strange ideas when it comes to manufacturing and releasing stock.

 

I eevn have an email from Outwell themselves confirming they will not be available until next year!

 

If you do a shopping search for Outwell Wolflake 7 Awning Conversion on Google,

you will see that nobody has them in stock. Mad, but true!

 

renegadeimp - thanks for the advice.

 

One thing I'm trying to get to the bottom of though is the manager's claim that I have no right to insist on a refund under SOGA,

and that they have the choice on their course of action?

 

He seemed pretty confident about that.

Was he lying or just mistaken?

 

To be honest I can't see where he's going to go with this when he comes back to me next week after finding out that Outwell don't have any.

[renegadeimp]

Ignore the manager. Follow the advice given and if in doubt, contact trading standards.

[Steve Mac]

Do I have to send a written letter, or will an email do? I have the manager's email address.

[renegadeimp]

You need to write to the head office and send by royal mail recorded delivery. That way you can't be fobbed off by a manager who seems to be covering his tracks.

[Steve Mac]

OK, thanks very much. Was he lying to me then? They have a Facebook page, and I'm just wondering if a post on there telling other potential customers what they really are like would make any difference. I would only state the facts, obviously. I'm not the sort to rant on uncontrolably. My rants are quite controlled...

[dx100uk]

the over riding fact here is this:

 

in SOGA

 

if a manufacture acks a fault then its a full refund without quibble.

 

just what you do about the tent JUST because they have them in stock

is upto you.

 

i'd prob get the card involved here.

 

its not 'fair' that you have to wait 6mts. end of!

 

dx

[renegadeimp]

OK, thanks very much. Was he lying to me then? They have a Facebook page, and I'm just wondering if a post on there telling other potential customers what they really are like would make any difference. I would only state the facts, obviously. I'm not the sort to rant on uncontrollably. My rants are quite controlled...

 

I would stick to being professional. Simply get that letter off and demand a refund within 14 days from receipt ( send by recorded delivery). Make sure to state clearly that if the refund isnt in your account AND cleared within 14 days then you will proceed with legal action with no further contact to them. Having a letter like that, and possibly official court papoers landing on the CEO's desk, will soon make them sit up and take notice. Plus head office can force the rogue manager to follow the law.

[Steve Mac]

So which order should procedures take? Head office/court first, then credit card company?

[Steve Mac]

Sorry, cross posted. I know the name of the owner, as it was him that sold us the tent. Should I address it to him?

[renegadeimp]

Is it a big chain? Or just a small company? Either way, you need to address it to the top of the food chain so you know you got the right person.

[Steve Mac]

It is an independent retailer with two large stores, but very well regarded in the field (if you excuse the pun!).

 

It is a real shame, because up until this point, their customer service was very good. It seems that's only the case when they're taking your money, not giving it back to you...

[renegadeimp]

Ok. In that case, you go direct with the owner. Once the court papers arrive on his desk, he'll soon shift. To be 100% sure of yoiur standing though, i would suggest trading standards, just to confirm he is in violation of SOGA. You can then add that to your claim as evidence.

[Steve Mac]

How do I get in touch with trading standards? Do they have regional offices? I'm in Essex, but travelled 80-odd miles to buy the tent.

[renegadeimp]

Each county has its own office. However, youll need to speak to THEIR trading standards, so if they are in violation, you can get a full report made.

 

Or you can simply use http://www.tradingstandards.gov.uk/extra/contact.cfm?frmAlias=/contact/

[Steve Mac]

Ok great, thanks. I take it by Trading Standards, you are referring to Citizens Advice? Whenever I've searched for Trading Standards in the past, their 'public' contact details are virtually non-existent and C.A. Is the only way through to them.

[Steve Mac]

Right, I've done a bit of research and can't find how I can contact Trading Standards/Citizens Advice in that particular area (West Sussex). And to be honest, I'm not exactly sure what I am complaining about - is it that they are not sticking to the Sale of Good Act?

 

Any help would be most welcome.