Faulty goods small claim help

[Erdanan]

Hi, I'm hoping someone could give me a sense check here:

 

I bought a fairly expensive toy on line, when we received it the finish and paintwork was really poor. I contacted the seller who acknowledged the quality issues and offered a partial refund which wouldn't really cover the problem.

 

I've asked for a refund to be told i have to fund return postage (I'm well aware this is wrong under the sake of goods act) and that the retailer will inspect the item and decide how much of a refund they feel like paying as the item as been taken out of the box and therefore according to them isn't in the same condition and worth the same amount.

 

This has gone on for a period of time and ultimately left me unfortunately having to refer the matter to the small claims court.

 

The retailers defence is that I haven't incurred a loss as I haven't sent the gods back for them to inspect. Given they expect me to fund postage and have stated they want to value how much the item is now worth, I've not returned it and am happy for the court to decide

 

What do you think, should I send it back or hold on to it?

[rebel11]

Hi Erdanan

 

Welcome to CAG

 

The following applies:-

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

 

Further info:-

 

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

 

Regardless of the fact the product has been opened, the reason for returning it is that the product is of 'poor quality'.

 

Take some pics / video of it, time stamped.

[Erdanan]

Thanks for this.

 

I've forwarded pics to the retailer who's acknowledged it has quality control issues.

 

My query is, should I send it back to them and continue to chase the postage cost and any shortfall in their valuation of the item once they have it. Or should I hold on to the item and leave it as available for them to come and collect if they want

[BankFodder]

I gather that you have started the claim and issue the proceedings.

 

I also gather that he has acknowledged quality problems and as asked for the return of the item in writing.

 

I would suggest that you return the item to him straight away. Include a letter saying that it is been returned on his request and that you propose to carry on with the action against him until all of your expenses of been returned including the claim fee.

 

Why don't you let us know who this retailer is?

[ericsbrother]

The SoGA says that you have to make them available for inspection or return so this means at the sellers expense. I hope you have the correspondence where they say they will not pay the return postage nad only offer a partial refund as both of these will sink their defence as they are utterlt wrong. How are you supposed to inspect something if you cant take it out of the box?

As for the loss, well the goods have not been accepted so they remain the property of the seller and not you. What you want is your money back and for the seller to make the arrangements to collect or or for return of their property.

It sounds like a small company selling things online so they may well be unaware of their obligations. this will be an expensive lesson for them, if you can communicate to them their obligations and even point them to this thread they may well save themselves an embarrassing day out at your expense.

[Erdanan]

Thanks so much for your responses.

 

Yes I have in writing the retailers acknowledgment of the quality issues and their offer of a partial refund. So fairly sure I can knock down their response that the issues are minor.

 

I think I just need to clarify that although I won't be sending the item back as they are refusing to fund return postage, the goods are still available for collection on reasonable notice.

 

Does that sound like the right thing to do here?

[ericsbrother]

yes, make it very clear to them that they either arrange its collection or pay for the return postage (this can be agreed as being part of the refund process so you may have to pay postage and then get it back with the rest of your money).

[Erdanan]

yes, make it very clear to them that they either arrange its collection or pay for the return postage (this can be agreed as being part of the refund process so you may have to pay postage and then get it back with the rest of your money).

 

Thanks for this.

 

I've made it crystal clear that the goods remain available for collection on reasonable notice and the reason they have not been able to inspect the goods is that they have refused my offer to post back and claim as part of a refund.

 

Looks like I'm going to have a day in court they have entered a defence which is a largely a mess of conflicting nonsense. I'll let you know what the judge says