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Law Regarding Refund

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  • 26-09-2009 2:49pm
    #1
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭


    Hi,

    Am I entitled to be refunded in the same manner I made a purchase?

    If I purchased something in cash am I entitled to a refund in cash?

    Also am I legally entitled to the refund at time of returning the faulty item?

    Thanks
    Bazzy


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    #2
    Mimikyu
    Registered Users Posts: 18,919 ✭✭✭✭Mimikyu


    This post has been deleted.


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    #3
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭Bazzy


    If i've won a small claims case and am trying to play nice and return the phone to the store for a refund am I entitled to refund via original payment means?


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    #4
    Elessar
    Registered Users Posts: 5,251 ✭✭✭Elessar


    Bazzy wrote: »
    If i've won a small claims case and am trying to play nice and return the phone to the store for a refund am I entitled to refund via original payment means?

    Afaik Yes you are. If you paid by cash, they will give you cash back.

    Edit: I'm not sure the law states this exactly, but usually that's how a business will do it. You cannot be fobbed off with a credit note or anything like that.

    Edit2: According to the NCA
    If they offer a refund, this can be in cash or by cheque, or (where appropriate) they can refund your credit card account.

    Be aware that if it's a small claims settlement the refund MAY go through the companys HQ rather than a retail chain. The specific store in question may not know about your case. Can you ask them how they will refund?


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    #5
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭Bazzy


    Basically its the carphonewarehouse

    There an absolute nightmare to deal with. I'd rather deal with ryanair than them

    They never replied to the claim made and judgement was made in my favour. They sent a letter to the court askign me to bring the phone back to any store and they would refund me.

    I in good faith returned the phone and the nice lady on the phone told me to leave the phone and I would get the cheque back after wait for it 28 WORKING DAYS!!!

    This had been going on over 3 months now so I am just going to send the sheriff round to sort it out!


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    #6
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Bazzy wrote: »
    Hi,

    Am I entitled to be refunded in the same manner I made a purchase?

    If I purchased something in cash am I entitled to a refund in cash?

    Also am I legally entitled to the refund at time of returning the faulty item?

    Thanks
    Bazzy
    I don't think it is actually mentioned in the likes of Sale of Goods and Supply of Services Act 1980 because it would come under contract law. A refund is from breach or termination of the sales contract thus both parties should be in the same position they were in before. This would usually be refunding monies via the original payment method or else refunding in cash.

    The above ONLY applies to where there was a breach of contract by the seller e.g. where the goods were not of merchantable quality. It DOES NOT apply to where the customer changes his/her mind - in this instance the shop can legally offer credit notes and can actually offer only some of the money back (restocking fees etc).

    EDIT: OP you could refuse to accept a cheque and demand cash but such a fight could drag this out further.


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    #7
    Elessar
    Registered Users Posts: 5,251 ✭✭✭Elessar


    Sounds like a nightmare! Let us know how it goes. It's amazing how ignorant large companies can be to Irish consumer law. Might be a good laugh if you show up when the sheriff does just to see the look on their faces :D (and maybe video it for the rest of us ;))


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    #8
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Captain Morgan wrote: »
    By law you can be offered refund, repair or replacement and it's the shop that chooses which one.
    IT IS NOT THE SHOP THAT CHOOSES WHICH ONE!!!!!! Why do people keep posting this. The shop can offer a remedy for breach of contract but the customer does NOT have to accept it. He/she could try come to a different agreement or else go to court for a judge to decide.


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    #9
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭Bazzy


    I'd love to but i'd never get into there head office.

    The phone they sold was absolute dirt the first one they replaced and they guy in the shop tole me everyone they'd sold came back faulty and they were just replacing them.

    When the 2nd repalcement went faulty they wouldnt exchange it the guy in the shop couldnt believe it. I lodged several complaints with there head office this all started about 4 or 5 months ago and I have yet to hear back from them once.

    I have a relative who works in a newspaper and when I have recieved a refund I will get a large spread done up on the whole fiasco. Also when I send the sherrif it will get listed on several websites which is all good news.

    The phone was only €99 but it is the principal of it at this stage,

    And to think one of there fundemental rules is "nothing is gained by winning and arguement and losing a customer"

    :)


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    #10
    PacManFan
    Registered Users Posts: 86 ✭✭PacManFan


    I won a SCC case against a mobile phone retailer recently myself. They admitted the claim and in their response gave me a specific address to return the phone to with a copy of the receipt.

    Anyways, I'd get onto whichever office thing your case was being handled by informing them they haven't paid up yet.

    I do assume you checked and got the Carphone's full company name? If it was their full, legal company name a court order may be unenforacble.


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    #11
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭Bazzy


    Hi,

    Quick update got a call from small claims this morning. Carphone warehouse got a sniff of the decree waiting to go to a judge...

    There going to send a cheque to the small claims office and settle it that way. i have given them a week to send the cheque or i'm sending in the sheriff

    Wonder will they bother to send the cheque. After telling me it was "impossible" to send a cheque without the phone being returned there certainly singing a different tune now.

    Will update if there are any further developments.


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    #12
    Elessar
    Registered Users Posts: 5,251 ✭✭✭Elessar


    Good Luck bazzy, it's always nice to hear consumers winning out over companies that carry on like this.


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    #13
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    axer wrote: »
    IT IS NOT THE SHOP THAT CHOOSES WHICH ONE!!!!!! Why do people keep posting this. The shop can offer a remedy for breach of contract but the customer does NOT have to accept it. He/she could try come to a different agreement or else go to court for a judge to decide.
    Sorry but you are wrong on this one; the shop DO choose which one to offer to the customer. The customer can reject the offer and if the shop does not change their mind go to court over it. That still don't change the fact that the shop is the one which choose which remedy to offer though and that arguing your case in court will be a lot harder if you refuse anything but a refund on a 3 year old TV (as example).


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    #14
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Nody wrote: »
    Sorry but you are wrong on this one; the shop DO choose which one to offer to the customer. The customer can reject the offer and if the shop does not change their mind go to court over it. That still don't change the fact that the shop is the one which choose which remedy to offer though and that arguing your case in court will be a lot harder if you refuse anything but a refund on a 3 year old TV (as example).
    I think you are misunderstanding what I said which is in response to this.
    You don't have to get a refund. By law you can be offered refund, repair or replacement and it's the shop that chooses which one.
    which seems to imply that the shop has control here.

    I made it clear in my post that:
    The shop can offer a remedy for breach of contract but the customer does NOT have to accept it. He/she could try come to a different agreement or else go to court for a judge to decide.

    We are talking about sales contracts here where there are two equal parties involved. The consumer has just as much power as the seller in this contract.


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    #15
    dumac
    Registered Users Posts: 38 ✭dumac


    Nody wrote: »
    Sorry but you are wrong on this one; the shop DO choose which one to offer to the customer. The customer can reject the offer and if the shop does not change their mind go to court over it. That still don't change the fact that the shop is the one which choose which remedy to offer though and that arguing your case in court will be a lot harder if you refuse anything but a refund on a 3 year old TV (as example).

    As far as I can make out, this is a grey area. The custom and practice is pretty clear: the shop decides which to offer - a refund, a repair or a replacement. But a solicitor relative told me that in consumer law such as the Sale of Goods Act it isn't actually specified.

    The Small Claims process is fairly simple. You don't need a solicitor to take a case either, and it can be for up to 2K. NCA has a guide here:

    http://www.consumerconnect.ie/eng/Get_Your_Rights/Going_To_Court_Guide/


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    #16
    Bazzy
    Registered Users Posts: 1,485 ✭✭✭Bazzy


    Carphoneware house contacted small claims on Wednesday the 30th Spetember and Had a Cheque with the small claims office on 2nd October

    So there inital 28 working days are incorrect

    I would advise NOBODY to buy off carphonewarehouse at any stage they are an absolute nightmare to deal with should anything go wrong.

    I would also advise anybody who is having any trouble with any company to go down the small claims road as it is easy transparent and will put the sh1ts up any company who has previously been acting the monkey

    So just to sum up

    Bazzy 1 Carphone Warehouse BIG FAT 0!!

    I will update this thread with link to newspaper article when it is published!


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