Returning goods not as described - am I entitled to a refund?

[KINGOFPORTO]

I purchased a second hand, but relatively expensive, watch from a jewellery store in Kent on 18/09/19 for the value of £7,000.

The watch was sold without official papers but with the retailer's own “authentication card" which stated the watch was a particular model number. Having subsequently attempted to sell the watch (and having received a query from a prospective buyer) I have verified via the watch manufacturer that I am in fact in possession of a different model.

I understand that under the Consumer Rights Act 2015, goods should be of a satisfactory quality, fit for purpose and as described, and that I am entitled to ask to return the watch and obtain a refund for the full purchase amount. I believe the claim is being lodged within the limitation period given in the Consumer Rights Act 2015.

My argument to the store is that I relied on the model information they provided to proceed with the purchase, as I was - at the time - happy with the purchase price, based on the details supplied. They have not yet agreed to a refund, although they have conceded my watch is a different model to the one stated at the time of purchase. They argue the only difference is a slight cosmetic detail, and that the year of manufacture is different. They concede the watch they described could have a different value to the one I own.

Am I right to believe I am entitled to a return and refund? If they refuse to honour this, am I likely to be successful in court? I am in possession of the watch, til receipt and the retailer's information card.

Many thanks for any assistance.

Kind regards
King of Porto

[echat11]

Hi King

Welcome to LB

How did you pay for the watch?

[KINGOFPORTO]

I purchased a second hand, but relatively expensive, watch from a jewellery store in Kent on 18/09/19 for the value of £7,000.

The watch was sold without official papers but with the retailer's own “authentication card" which stated the watch was a particular model number. Having subsequently attempted to sell the watch (and having received a query from a prospective buyer) I have verified via the watch manufacturer that I am in fact in possession of a different model.

I understand that under the Consumer Rights Act 2015, goods should be of a satisfactory quality, fit for purpose and as described, and that I am entitled to ask to return the watch and obtain a refund for the full purchase amount. I believe the claim is being lodged within the limitation period given in the Consumer Rights Act 2015.

My argument to the store is that I relied on the model information they provided to proceed with the purchase, as I was - at the time - happy with the purchase price, based on the details supplied. They have not yet agreed to a refund, although they have conceded my watch is a different model to the one stated at the time of purchase. They argue the only difference is a slight cosmetic detail, and that the year of manufacture is different. They concede the watch they described could have a different value to the one I own.

Am I right to believe I am entitled to a return and refund? If they refuse to honour this, am I likely to be successful in court? I am in possession of the watch, til receipt and the retailer's information card.

Many thanks for any assistance.

Kind regards
King of Porto

Hello, thank you for reply. By credit card...

[atticus]

From what you say, you appear to have a good claim against the retailer for a full refund.

Having paid by credit card, you appear also to have a good claim against the card company under s75 Consumer Credit Act 1974, so take it up with the card company if the seller does not give a refund.

(There is no need to quote yourself when replying).

[KINGOFPORTO]

From what you say, you appear to have a good claim against the retailer for a full refund.

Having paid by credit card, you appear also to have a good claim against the card company under s75 Consumer Credit Act 1974, so take it up with the card company if the seller does not give a refund.

(There is no need to quote yourself when replying).

Apologies for the quote in error and thank you for your reply. I was under the impression from a Google search that there is a shorter window of time to bring s75/ chargeback claims?

[atticus]

A s75 claim is NOT a chargeback claim. s75 makes the credit provider jointly liable for the supplier's breach of contract, so the limitation period is that for claims for breach of contract, not that you want to be leaving it 6 years.

[KINGOFPORTO]

A s75 claim is NOT a chargeback claim. s75 makes the credit provider jointly liable for the supplier's breach of contract, so the limitation period is that for claims for breach of contract, not that you want to be leaving it 6 years.

Most helpful, thank you. I shall first push the retailer to give a definitive answer as to whether they intend to honour my request for a return and refund, and go from there. Thanks again.

[echat11]

Make sure you attach evidence. Make sure you get Proof of Postage

https://www.citizensadvice.org.uk/co...edit-provider/

[KINGOFPORTO]

Hello all,
After much back and forth, and the threat of court action, the store have finally agreed to allow me to return the watch for a full refund.

However - they have just sent a follow up email to explain how the refund process would work, as follows:

The watch will need to be sent to our Jewellery Centre to be assessed and once the watch department confirm all is good in terms of the condition of the watch we would then be in a position to issue the refund. The refund will be for the amount paid by you when you purchased the watch 5 years ago.

Could you please advise when you would like to visit the branch so that we can ensure they will be expecting you. To emphasise the point around the process mentioned above, only after the watch has been fully assessed will we be in a position to issue a refund.

So, I will not be able to return the watch and receive the refund the same day as I had wanted.

The watch is in working order, however I am concerned the store may find a reason to discount the purchase price. I am also concerned that by following the process they have suggested, I would be agreeing to this.

My intention was to reject the goods and get my money back.

Any advice on my preferred next steps would be much appreciated.

Thank you

[echat11]

Thanks for the update to date.

[atticus]

Sorry if I missed this, but why are you only doing this now, when you bought the watch 5 years ago?

[echat11]

Sorry if I missed this, but why are you only doing this now, when you bought the watch 5 years ago?

Misled on the goods.

[KINGOFPORTO]

Misled on the goods.

Yes, I have only just discovered the watch I own is not the model I thought I was buying.

[atticus]

thank you