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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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We purchased a cooker from ***** ***** on the 28th of June 2015

Resolved Question:

we purchased a cooker from ***** ***** on the 28th of June 2015 via their website using a credit card. The appliance was delivered on the 30th of July 2015 as per our request. We found the product to be faulty and reported it back to ***** ***** and they informed us that they'd liaise with the manufacturers in order to find a solution.
10 Days after our complaint, we received a call from a an uncooperative customer service member informing us that we had not in fact paid for the appliance and money was returned to our account and if we did not make a manual payment, no remedial action would be taken in order to fix or replace the appliance. Having spoken to our credit card company Barclaycard, it was brought to our attention that the initial transaction had been approved and for some reason, ***** ***** did not make the transaction and they tried to do it over 4 weeks later for the same amount which then led to the credit card company to decline it due to it being suspicious.
We are now left with an appliance that is faulty and ***** ***** are being extremely unhelpful. What are our options?
Regards
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You seem to accept not having paid?
Customer: replied 2 years ago.

Yes that is the case but not through any fault of ours.

Expert:  Jo C. replied 2 years ago.
No, but are you asking if you can avoid paying on this basis?
Customer: replied 2 years ago.

based on their customer service so far, we will not be making any payments until the cooker is either fixed or replaced. ***** ***** will not take any action unless we make a payment. We are at an impasse, but through no fault of our own.

It was an error on ***** *****'s part for not taking the money when they should have and trying to take it 4 weeks later when it was not authorised.

As far as I we are concerned, we did nothing wrong. We purchased the product on their website and assumed the money had been taken.

Kind regards

Bob

Expert:  Jo C. replied 2 years ago.
Yes, that is certainly right but you are liable to pay. Whether it was their fault or not they are entitled to be paid for the product that you have.
That is not to detract from your Sale of Goods Act rights of course. Those exist regardless of this contractual dispute. However, they will not act in relation to them until they are paid which is reasonable overall.
I would make arrangements to put this right. If you do not they will only sue and then you will have to pay their cost and a counterclaim would not necessarily succeed because they are not refusing to act. They are just asking to be paid first which is reasonable I'm afraid.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Can we in that case ask them to come and pick up their good and take them away without us making any payment so that we can purchase elsewhere?

Expert:  Jo C. replied 2 years ago.
When did you receive the product and when did you actually tell them you wanted to cancel?
Customer: replied 2 years ago.

We have not told them we want to cancel as yet. We received the product on the 30th of July and informed them that the oven part of the cooker was not functioning 3-4 days later when we wanted to use it.

Expert:  Jo C. replied 2 years ago.
This sale was fully online? You hadn't been to their store room at all?
Did they tell you that you had rights to cancel?
Customer: replied 2 years ago.

it was fully online.

there was no discussion over right to cancel.

Expert:  Jo C. replied 2 years ago.
If it was online and this product was not made to specification then you do have rights to cancel unconditionally under the Distance Selling Regulations.
However, you didn't exercise them in time as you have 14 days from the date of delivery.
You could try to argue that was because they didn't tell you but if this is ***** ***** then it will be somewhere in their sales literature even on their online site.
If that fails, then you are locked into a contract with them and don't have a right to cancel unless they agree to it.
Customer: replied 2 years ago.

Ok Thank you for your assistance.

Expert:  Jo C. replied 2 years ago.
Nothing in the above though means you don't have a legitimate claim under the Sale of Goods Act.
No problem and all the best.
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