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I purchased a brand new Nintendo Switch from Currys on 17/12/21 and only found once I got home that there were no security/tamper proof seals on the box & when I opened it up found 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/chargeback and was initially refunded the full amount pending further investigation. I provided all information and evidence as requested over the course of several weeks and a couple of weeks ago was informed that the merchant had not even responded and that the case would be closed soon.
Last week however I had a letter informing me that the merchant had been in touch & was claiming they had no record of me attempting to resolve the issue or return the 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 i.e. by putting something through their till system (exchange or refund) as they don't greet and take a note of every person coming in and out of the store. They were clearly in my opinion trying to avoid liability.
The bank stated however they would continue to try to resolve the matter and as all my attempts to contact Currys via telephone, email and letter were being ignored I again requested the bank to provide and forward all relevant information & evidences to the merchant. I was told that the case would not go on indefinitely and eventually Visa may have to make a final decision if no sayisfactory resolution could be found.
I have since received a letter on 25/2/22 (yesterday) from the bank to inform me that they have settled in favour of the merchant. As there was no further information I spent several hours trying to contact the bank and when I got through was told the reason was that there is no record of any return of the goods. They themselves are fully aware of what had happened (if they had cared to check all information and evidences provided) and had in fact on several occasions also told me to keep ahold of the item until the matter had ended. If the item needed to be returned I should have been informed but I wasn't. During my call it was clear nothing was forwarded to the merchant either meaning anyone there that could help is still not aware of what has happened and they remain in the dark as to why the refund was requested.
The rude and unhelpful 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. She also repeatedly stated that it was my responsibilty as it is for all customers to have inspected and checked the item before leaving the store (open up the box) and they cannot be held liable if I didn't do this. There was also the issue that there was no proof of return of the item even though as I already said they had told me to keep ahold of the item and had not instructed me otherwise. She ended with telling me this decision was final and the case wouldn't be getting sent to Visa either and to basically like it or lump it. Also if I wasn't satisfied and wanted an alternative resolution to try contacting the merchant (which I have tried unsuccessfully countless times via phone (they take all the information and claim they will arrange a call back from a manager within 72 hours but this never materialises), by email & by letter but continue to be ignored) or to try and contact CAB or seek legal advice from a solicitor.
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. I managed to speak to someone from CAB whom have told me I have rights under the Consumer Rights Act 2015 and to write to the bank and merchant and that they cannot expect me to keep an item which is not as described, fit for purpose, etc and absolve themselves of any responsibilty. Please help and advise further as to what to do and where I stand as surely the bank have to follow consumer legislation too? I cannot afford to lose this amount money and am already struggling to make ends meet.
I ended up contacting my bank as I'd paid on my debit card and raised a dispute/chargeback and was initially refunded the full amount pending further investigation. I provided all information and evidence as requested over the course of several weeks and a couple of weeks ago was informed that the merchant had not even responded and that the case would be closed soon.
Last week however I had a letter informing me that the merchant had been in touch & was claiming they had no record of me attempting to resolve the issue or return the 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 i.e. by putting something through their till system (exchange or refund) as they don't greet and take a note of every person coming in and out of the store. They were clearly in my opinion trying to avoid liability.
The bank stated however they would continue to try to resolve the matter and as all my attempts to contact Currys via telephone, email and letter were being ignored I again requested the bank to provide and forward all relevant information & evidences to the merchant. I was told that the case would not go on indefinitely and eventually Visa may have to make a final decision if no sayisfactory resolution could be found.
I have since received a letter on 25/2/22 (yesterday) from the bank to inform me that they have settled in favour of the merchant. As there was no further information I spent several hours trying to contact the bank and when I got through was told the reason was that there is no record of any return of the goods. They themselves are fully aware of what had happened (if they had cared to check all information and evidences provided) and had in fact on several occasions also told me to keep ahold of the item until the matter had ended. If the item needed to be returned I should have been informed but I wasn't. During my call it was clear nothing was forwarded to the merchant either meaning anyone there that could help is still not aware of what has happened and they remain in the dark as to why the refund was requested.
The rude and unhelpful 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. She also repeatedly stated that it was my responsibilty as it is for all customers to have inspected and checked the item before leaving the store (open up the box) and they cannot be held liable if I didn't do this. There was also the issue that there was no proof of return of the item even though as I already said they had told me to keep ahold of the item and had not instructed me otherwise. She ended with telling me this decision was final and the case wouldn't be getting sent to Visa either and to basically like it or lump it. Also if I wasn't satisfied and wanted an alternative resolution to try contacting the merchant (which I have tried unsuccessfully countless times via phone (they take all the information and claim they will arrange a call back from a manager within 72 hours but this never materialises), by email & by letter but continue to be ignored) or to try and contact CAB or seek legal advice from a solicitor.
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. I managed to speak to someone from CAB whom have told me I have rights under the Consumer Rights Act 2015 and to write to the bank and merchant and that they cannot expect me to keep an item which is not as described, fit for purpose, etc and absolve themselves of any responsibilty. Please help and advise further as to what to do and where I stand as surely the bank have to follow consumer legislation too? I cannot afford to lose this amount money and am already struggling to make ends meet.
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