Entitled to a refund?

[C.Neb]

I bought an electric item from a retailer on eBay.

 

Within a few weeks of using it, it developed a fault.

 

I contacted the seller, and they offered to collect it, and either repair/replace it.

 

They said if it can't be fixed they will send out a new one.

 

The courier came to collect, and they ended up replacing the original item.

 

Within a couple of weeks of using the replacement, the new item developed the same fault.

 

By this time I had lost confidence in the item, it seems there is a fundamental issue with this model.

It's also a rather essential item for me and I needed a working one ASAP

– I also need something reliable, so

 

I went with another brand, shelled out another small fortune,

assuming I'm entitled to a refund for the faulty one and would get it.

 

I contacted the seller (and am supposedly speaking to a manager)

and end up playing a game of head-banging.

 

We must have sent each about 20 mails, and every time I tell her I am entitled to a refund

and explain that their terms of service do not have precedent over my statutory rights,

 

I just get a 'we will repair/replace, this is our terms and condition, you are not getting a refund'.

 

They also insist they are operating 'within trading standards'.

 

They are flat out refusing to refund me.

 

I believe I am entitled to a refund.

 

I know that any companies terms of service cannot 'out do' my consumers rights.

 

I also thought that if an item develops a fault, then in a reasonable time frame I am entitled to a refund.

 

I guess I am seeking confirmation of my belief,

am I entitled to a refund?

 

If so they are refusing to refund, so I guess the next step would be small claims court?

 

I am reluctant to go that far as I am extremely busy, and do not want the hassle, but I will if I have to.

 

Another odd thing I've noticed is that the price of the original item listing has gone up to approximately 10 times it's original value.

 

Thank you in advance for any help.

[rebel11]

Hi C.Neb

 

Welcome to CAG.

 

How did you pay for it?

 

The following links could apply.

 

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

 

You can raise an E-bay Complaint

 

http://pages.ebay.co.uk/ebay-money-back-guarantee/how-to-help.html

 

or

 

If you paid by Credit Card or Debit Card, you can consider a Chargeback or Section 75.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

[C.Neb]

Hi Rebel,

 

Thanks for replying.

 

Unfortunately, with allowing for them to replace the item, and me traveling,

it's out of the 45 day period for an eBay complaint now.

 

The fault developed within 2 to 3 weeks of using each of the items,

but I have been traveling a lot, so there have been some delays,

mainly with opening and using the replacement (delay of about a month).

 

But, I can prove with train tickets and online purchases/deliveries at my travelling location

that I have been away and what date I got back (my housemate can verify also), would this be sufficient?

 

I have notified the company immediately as soon as the fault occurred,

and they both occurred well within 4 weeks of using the item.

It's been about 3 months since I made the initial purchase.

 

To my mind, even if the month I was away had to be included, given that it is an electrical item

, it's still within a 'reasonable time frame'.

 

That and the fact I have given them a chance to rectify the situation only for the fault to occur again.

 

ETA: I paid by Paypal.

Edited March 12, 2014 by C.Neb
ETA

[rebel11]

Hi C.Neb

 

O.K. read the following section, it's near the bottom:-

PayPal and chargeback

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

How did you use your Paypal account?

 

Basically did you have a Paypal balance that you used?

[C.Neb]

Hi C.Neb

 

O.K. read the following section, it's near the bottom:-

PayPal and chargeback

 

which .co.uk/ consumer-rights/problem/how-do-i-use-chargeback]

 

How did you use your Paypal account?

 

Basically did you have a Paypal balance that you used?

 

Hi Rebel,

 

No, I paid from "Add Funds from a Bank Account", not by Paypal balance. Thanks for link, looking it over now.

[rebel11]

Hi C. Neb

 

So did you use your debit card in the transaction?

 

Hi Rebel,

 

No, I paid from "Add Funds from a Bank Account", not by Paypal balance. Thanks for link, looking it over now.

[C.Neb]

My apologies, after re-reading what I wrote I realise how vague I was unintentionally being.

 

The funding type was instant bank transfer.

[rebel11]

Hi C.Neb

 

Unfortunately, Chargeback & Section 75 are out of the question, because of method of payment.

 

What you can do is send the following letter. http://www.which.co.uk/consumer-rights/action/letter-to-get-a-refund-if-your-item-is-faulty-

 

Get the details of your local Trading Standards, add CC: Trading Standards, xxxxxxxxxxx, xxxxxxxx, xxxxxxx. to your letter.

Send it Recorded. You might want to give them more then 7 days to respond.

 

Then decide what to do once you get their response.