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Consumer Rights Query

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  • Consumer Rights Query

    I purchased a brand new Nintendo Switch from Currys in December and only found once I got home & opened it that the console was brand new but the controllers/joy cons were used/had signs of wear & tear. I returned to the store twice to get the item exchanged but staff refused to do anything and on the second occasion I was even threatened with the police and accused of trying to fraudulently get an exchange on an item they were saying I had used and swapped (old for new) myself.
    I ended up contacting my bank as I'd paid on my debit card and raised a dispute and was initially refunded the full amount pending further investigation. I provided all information and evidence as requested and a couple of weeks ago was told the merchant had not responded and that the case would be closed soon. Last week I then had a letter informing me the merchant had stated they had no record of me attempting to resolve the issue or return the faulty item. As I told the bank the store would only have any record of me going there if they had actually assisted me and done anything by putting something through their till system (exchange or refund).
    The bank stated however they would continue to try to resolve the matter and I requested they provide and forward all relevant information & evidences to the merchant. I was told that Visa may have to make a final decision if no resolution could be found.
    I have received a letter today from the bank to inform me that they have settled in favour of the merchant as they have no record of any return of the goods even though they themselves are aware fully of what happened and had also told me to keep ahold of the item until the matter had ended. I have spoken to them via telephone earlier and it is clear nothing was forwarded to the merchant. The bank staff member made it clear to me that the reason for their decision was that the correct pin for my card was used and that the item was sold as seen and I should have inspected and checked the item before leaving the store and they cannot be held liable if I didn't do this. They ended with telling me to either contact the merchant (which I have tried countlesstimes via phone, email & letter but continue to be ignored) to try and get it resolved, contact CAB or get legal advice.
    As it stands I am now £270 out of pocket with an item that is not fit for purpose and a bank that are not willing to do anything further. Please help and advise what to do as I cannot afford to lose this amount money and am already struggling to make ends meet.
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