Tweet
Hi,
I bought a table and chair set from a retailer. The chairs where damaged on delivery. I reported this to them and they didn't do much about it. I kept contacting them (on the Phone) and eventually they agreed to replace the chairs. They arrived with replacements which where also damaged so I refused these. I asked again to be provided with fit for purpose replacements. They ignored me for a long time telling me the person dealing with it was on holiday etc...
Eventually I contacted citizens advice who advised me to no longer phone but to write them a letter. I did this and got no response. Citizens advice also advised me to contact my bank who could investigate.
My bank has investigated and submitted a charge back claim to VISA as they believe I have a valid claim. It seems VISA have then recovered the full amount of £700 from the retailers account (so they tell me). My bank sent me a letter to let me know they have credited my account with £700 while they investigate but this may be temporary dependant on the outcome of their investigation.
The retailer who initially wouldn't return my calls now keeps calling me. He has accused me of stealing this money from him and has demanded I give the goods back. He has threatened me with legal action.
Taking a breath and looking at the situation I don't think I need to engage with the retailer further. I haven't received a refund (nor have I asked for one) from the retailer for the goods, therefore the contract of sale is still in place and the goods still belong to me. Handing them back wouldn't make sense as the bank is yet to conclude their investigation and may not decide in my favour. The money I have received has been credited to me by my bank not the retailer and this is a temporary situation.
I'm confident I still own the goods and believe I shouldn't do anything to rash just yet. Even if the bank was to award me with £700 as a result of this claim this is separate to the sale of the goods and is not a direct refund for the goods but rather a separate claim. Therefore I still own the goods. The retailers fight in this instance is with VISA and not me and I don't believe VISAs actions should affect the contract I have in place regarding the sale.
Could you advise me if I'm correct in my logic. Clearly this has been stressful.
I haven't asked for £700 back I just wanted my damaged chairs replaced as they should be under the Consumer Rights act 2015. The retailer has told me he will never replace for me as I've opened a case with my bank. If the retailer fails to offer me replacements I believe I could ask for a refund or a partial refund but I haven't went that far yet and would probably opt for a partial refund as I don't want to speak or deal with the retailer any more which I would have to do if they refunded in full and then came to collect.
Id be grateful for any advice.
*
