Online retailer disputing faulty goods

[lknox]

My daughter bought an amp for her car from an online retailer just before Xmas.

 

We tried to fit it in her car, but it didn't work, so were advised by the retailer to try it in another vehicle. Still didn't work

 

We were then advised to return it, they would check it, and send a replacement.

 

I had a phone call last night from them saying that they had tested the amp, had found that it was fine, and now they want another £25.00 to return it to us.

 

I guess it's my word against theirs that it's faulty. What can I do? Ideally I just want a refund or a replacement. I really don't want to fork out another £25 for something that doesn't work.

What are my rights? How can I prove it's faulty, or is it for them to prove it's working?

 

Really unhappy

[rosiecotton]

As it's within six months from the purchase date, it is down to the trader to prove that it isn't faulty, if it were to go to court.

 

Did you definitely install it correctly and do everything possible to get it to work? Just double checking, as if they can bring the amp to court with a report or test certificate showing it is working, this would be pretty decent evidence for them.

 

Your rights under the Sale of Goods Act would probably be for a repair or replacement in the first instance (you do have a short period of time to claim a refund, about 3 weeks in cases like this, but after this you are looking at a repair or replacement).

 

I think it is still worth writing them a letter stating that you tried the amp out on two separate vehicles and it did not work on either vehicle, therefore you are claiming that it is not of satisfactory quality under the Sale of Goods Act and request a replacement by [reasonable date].

 

Tricky though - ultimately a court would have to decide. The ball would be in the trader's court to convince the judge that the goods were not faulty if this were the case.

[blacksheep1979]

The slightly sneaky thing to do would be to talk to your credit card company (if you paid by cc) and issue a chargeback, then if the company you bought from wanted to push the issue they would have to chase you for the money.

 

Failing that you're going to have to do the song and dance - couple of letters and then take them to court. It will possibly be hard for them to prove that it is the same amp that is in court as was sent to you - did you take the serial no. by any chance or have it on any paperwork?

[rosiecotton]

It will possibly be hard for them to prove that it is the same amp that is in court as was sent to you - did you take the serial no. by any chance or have it on any paperwork?

 

That crossed my mind, too.