Any consumer rights experts?

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Pick-a-Lily

was that summer?
Joined
Jun 24, 2008
Messages
2,156
Location
Yorkshire
Sorry, this is a bit long winded, but I'm so flaming mad!! :mysmilie_10:
About three weeks ago I ordered a replacement part for my oven. It's an old-ish oven, and apparently the part is now obsolete, but I found what seemed a reliable small company that had it in stock, so ordered and paid by credit card.
A confirmation email came straight away, but then .... nothing.
After a week, I started to have a bad feeling. Emailed to enquire - no response. Left a few days, tried to phone - no answer. Emailed again. Eventually got a response saying the item was not in stock but had been ordered. Then nothing.
Last week, I emailed again, pointed out that the item is obsolete and I didn't think he could source one, and asked for a refund - no reply!
On Sunday, I emailed again and said I wanted to cancel the order, as I had no confidence that the transaction could be fulfilled, again asked for a refund. I had a reply first thing yesterday, saying the item was on it's way with Parcel Force.
Shortly afterwards, the parcel duly arrived, and it's not the correct part, it doesn't fit, and furthermore I don't believe it's even a genuine manufacturer's part, as it has no identifying marks and looks nothing like the original part I'm trying to replace.
I phoned him immediately; he said he'd look into it, asked me for the serial number again, said he'd get back to me by phone within a couple of hours - and didn't.
So last night I emailed him again, told him I wanted a full refund and for him to arrange collection of the incorrect item.
Today, I've had another email from him saying 'returns is the consumer's responsibility as per our terms and conditions on the website', still not electing to refund me, and insisting he can still supply the part.
I've checked the T&C's and they say no such thing, so I quoted his own terms back to him in an email, reminded him that I've cancelled the order, and asked again for a full refund.
I approached the credit card company re a chargeback, but apparently I can't proceed because I've now cancelled the order. Does anyone know if this is correct?
Unfortunately, the purchase was just under the threshold of £100 (by a few pence!) so apparently 'section 75' doesn't apply either!
In which case, what redress do I have against this very awkward trader? I only want my money back, and for him to arrange for return of the incorrect item at his own expense, it doesn't seem much to ask! I've remained polite throughout, in spite of feeling very angry, I've refrained from criticising his lack of communication and his apparently fraudulent behaviour, I just want what is the best part of £100 returning.
Does the Small Claims Court still exist for this type of thing? I can see me having to pursue him all the way.
 
I don't know the answer, but I wonder if you had paid him slightly more to get the total up to £100 whether the credit card protection would then cover you? But I don't know the answer to this either, but is something I may do in future if an item is just below £100.
 
There wasn't any option to pay more - not that I would have thought to do so anyway, but the item was priced just under £100 including delivery, and when I clicked to pay it took me to the 'World Pay' website where there was no option to alter the cost.
I must say, in over 20 years of internet purchasing, I must have conducted thousands of transactions, but I've never had one turn nasty like this.
The company in question is a small, 'family run' independent concern, established in 1971 - just the sort of company I like to support with my business, but I probably will never do so in future, it will be Amazon or nothing!
 
Okay, go join the moneysaving site, Google with Martin Lewis(he sold it but always comes up with his name. There is a forum, go down to Consumer Rights section and post there. The posters do know their stuff, section 75 etc and the full rules etc.
 
Even if it's below the £100 threshold it's always worth phoning your credit card company. There should still be an option to "charge back" because the vendor hasn't fulfilled their part of the deal; it's not quite as easy as the section 75 route but worth a call to them. This also works with debit card issuers.
 
consumer rights will put you right. i dont understand why the credit card company wont refund your money they are usually very good.
 
i always quote this when things turn sour" the item should be fit for the purpose in which it was sold. it should be of merchantable quality and fit for purpse none of these apply i would also quote this to the credit card company as this is breaking trading standards on all fronts
 
The Consumer Rights Act 2015 came in October 2015 and apparently covers if an item is not of satisfactory quality, fit for purpose or does not match a seller's description you have aright to a free repair or replacement. I would think therefore as the one you was sold is not fit for purpose you should get a replacement or failing that a refund.
 
Update. Thanks for replies. The merchant ceased responding to my emails after my initial post on 25th May. I've applied to the CC co for a chargeback. They have temporarily credited me with a refund. The merchant has the right to dispute this, and if he does, apparently the onus is on me to prove I didn't get what I paid for - and the transaction will be reapplied until proof is received - and it has to be proof acceptable to mastercard, not just a photo. It seems unfair, but that's the situation.
I also have recourse to Trading Standards and the small claims court, although the small claims court costs money to instigate the process - I get the money back if I win.
 

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