Sale of Goods Act refund??

[Foxyflugel]

We purchased a mattress at the end of September from a company on a social networking site. This company had excellent feedback so we were happy to purchase with confidence. The mattress turned out to be cheap and nasty and was really uncomfortable. It claimed on the ad that it was memory foam and coil sprung - it was not like the previous memory foam mattress we had - the coils stuck in our backs and the memory foam was non-existent! I also noticed that the 'sticky label' on the mattress said it was bonnell sprung and extra firm coils - on the label the sizes listed with their RRPs were single double and king size - not superking!! It clearly does not match the mattress we have been sold .

Anyway, long story short - I managed to get the guy to agree to a refund as I did not trust his offer of a replacement (if it was most likely the same quality!!) He said someone would come and examine the mattress - I said fine. He then asked me to return it to x address - I stated that as it was faulty it was his responsibility to pay for return costs - which is when he offered to pick it up.

I paid for the mattress via paypal.

His employees? are coming to pick the mattress up this week and he has stated that when he receives it back he will process my refund.

Do I have to accept this (as it was the method I made payment with)? or am I within my rights to request that his employee brings the cash? I just don't trust this man as he stated initially several times that he never did refunds just exchanges.

Even if I get a signed receipt on collection if he chooses not to process my refund then I have no proof other than a signed piece of paper that he has the mattress back. I don't trust this man at all and was thinking of requesting that he processes the refund shortly before pick up. Due to my limited knowledge of Paypal - if he processes this payment is there any way he can then reverse the transaction before I get chance to transfer the money back into my account? Or will the monies go straight back into my bank account?? - I paid for it with my debit card via paypal.

Any ideas welcome.

Many thanks

Foxy

[charitynjw]

Re: Sale of Goods Act refund??

Hi Foxyflugel,

You say you bought it end September 2015'

The Consumer Rights Act came into play 1st October 2015.

When did you take delivery?

[wales01man]

Re: Sale of Goods Act refund??

What was the name of this company? we are thinking of buying same mattress from an online supplier

[R0b]

Re: Sale of Goods Act refund??

Hi Foxyflugel,

You say you bought it end September 2015'

The Consumer Rights Act came into play 1st October 2015.

When did you take delivery?

Unless the order was placed 1 october or later, the SGA applies.

Once the money has been paid, i'm not aware unless he raises the issue with paypal that it has been sent in error?

Do you have full details of his business location or if he operates out of his home address, you might need to know that if he refuses to process your refund once he takes the mattress away.

So that you have something concrete also as to when the mattress was taken away, it might be advisable to knock up something on paper to take that it has been removed - get one of the employees who is coming to collect it to sign and date it so if there is a dispute in the future you have something to show when it was taken away.

My biggest worry would be if he refuses to do refunds and only exchanges, it would seem a bit odd that he would do a refund for you, have you got this in writing at all or is this all verbally?

[enaid]

Re: Sale of Goods Act refund??

PayPal Buyer Protection

The first stage is to raise a “dispute” with the seller. This must be done within 180 days of the PayPal payment. If you can’t bring the dispute to a satisfactory resolution within 20 days of raising the dispute then you can escalate the dispute and raise a claim under the PayPal Protection scheme.
Reasons to make a claim

You can raise a claim if an item wasn’t received at all or it was received but it was significantly not as described.
For example, an item was described as new but was in fact used, or you ordered a book but received a DVD, or you ordered three items but only two arrived. An item would also be significantly not as described if it was damaged in transit to you.
Find out more about what to do if an online order hasn't arrived.
PayPal Buyer Protection exceptions

Some items are not covered buy the scheme including complaints related to cars and other vehicles, flights, custom-made items and eBay classified advertisements.
PayPal Buyer Protection reimbursements

If PayPal determines a claim in your favour, it will reimburse you the full purchase price of the item and the original postage costs.
You will though have to cover the cost of sending back any item that you received but was significantly different to the way it was described.
Consumer Credit Act Section 75

Don't forget that if you buy goods or services on your credit or debit card, you have extra protection, if the item you've bought costs over £100 and not more than £30,000. Learn more about Section 75.
s.

[Foxyflugel]

Re: Sale of Goods Act refund??

Hi everyone

Thanks so much for all your replies.

I took delivery on the same date.

The communication is all through messenger on facebook. I believe he does not have 'storage' as he states but he did give me a postcode and number for when he thought I was going to return it to him.

My concern is, even with a signed receipt he can still deny all knowledge that he has received the mattress - call me over cautious but its just a gut feeling.

My point is, if you go into a shop for a refund - they process it there and then and you have a receipt in black and white saying that you have a refund (albeit it does take a couple of days) - with this, I will have nothing! Also, when I ordered it I had to pay first - I didn't take delivery then pay - so surely the same works in reverse?

I made my payment through paypal and he said to send it as a gift otherwise there would be fees that I had to pay as well - I suppose this is all in the game as he knows that then (as I have since discovered!!) buyers do not then have any paypal protection - you live and learn eh??

I have discovered that I am not covered under the debit card scheme as this is 120 days with natwest.

It was only when I mentioned court and trading standards that he agreed to give me a refund to be honest!!

Walesman I will pm you.

Thanks again all

Foxy

[wales01man]

Re: Sale of Goods Act refund??

Got message thanks its not the trader I was going to buy from

[Foxyflugel]

Re: Sale of Goods Act refund??

I've just followed the link to section 75 and charge backs and I will call Natwest tomorrow as it states that it is 120 days from when you first noticed the problem - worth a try I suppose!!

[Foxyflugel]

Re: Sale of Goods Act refund??

I tried the Natwest and they say this is not covered. :tinysmile_cry_t:

The guy says he will collect the mattress tomorrow.

I need some advice from any Paypal experts out there. He asked for my address and the email address to send the money back to.

Am I right in thinking that he can reverse or stop this transfer before the money actually leaves to go into my bank account? So I think it is all done and dusted when I see the money and then withdraw it into my bank account - only to be informed the payment has been recalled?

Many thanks for your input everyone - I just don't trust this guy. :suspicious::suspicious:

Foxy

[Foxyflugel]

Re: Sale of Goods Act refund??

All sorted - I called paypal when he had transferred it to check it couldn't be reversed and then let the guys take the mattress. I transferred the money to my bank account and it arrived almost immediately.

Happy Days

Thanks for all your advice guys.

Foxy