ACS
Legendary Member
- Location
- Just below the snow line
I have to agree. The stand taken by the LBS is no longer reasonable and it is time to start applying pressure. Make an appointment with the local CAB asking to speak to someone who specialises in consumer affairs and ask them to mediate.
Depending on your financial position it may be worth obtaining a solicitor letter. Contact the Law Society to obtain the names of solicitors in your area that specialise in consumer law. (please note I am not a solicitor or advocate) In the long term this could be money well spent. Depending on the age of your son he may be entitled to legal advice under the legal aid scheme, but I think this may be a shot in the dark, but there is no harm in asking. It is a long time since I have had dealings with the Legal Aid Board and the rules may now be different.
You, acting on your sons behalf, can write to the owner of the LBS and state that based on his reluctance to take your complaint seriously and provide a prompt solution you now wish to reject the goods as not being fit for purpose and intend to return the goods and obtain a full refund including any reasonable expenses you have incurred. If possible deliver the letter by hand, if not post by recorded delivery so he has to sign for it, eliminating the old ‘I never got the letter’ excuse.
In your letter, state the date and time you will be returning the goods and request information about how he is going to return your funds. (5 working days is considered acceptable in law again it is a question of being reasonable).
If he ignores your letter that is not a hinderace to you proceeding. Arrive at the LBS at the date and time specified with your goods in tip-top condition, have a copy of the letter in hand and ensure that anyone in the shop can over hear your conversation. No screaming or shouting, just a firm determination not to be fobbed off yet again. You are there for your money back that is your objective. Stick with it and stand firm. The longer you stand the more customers he will lose. It will become a question of who blinks first.
Indicate in your correspondence that should he elect not to honour your statutory rights by accepting the return of the faulty goods, you will be left with no option but to raise the matter in Small Claims Court (easy to do) seeking full restitution, including all expenses incurred and recompense for stress and torment. This is your fall back position and must be your next course of action if your visit to the LBS proves flawed.
IMO the LBS is trying it on, stretching the time so that they can avoid accepting rejected goods thereby avoiding a dispute between them and the manufacturer / supplier, he is trying not to be left with goods he cannot sell as new or return to the point of origin, he is looking at a loss on this transaction and he is trying to avoid taking the hit for it. He may offer a credit note. Politely decline as not a suitable solution to you and by doing this may negate any future legal rights at your disposal.
I appreciate that writing a letter is a pain but for legal purposes if it is not on paper it not relevant.
Depending on your financial position it may be worth obtaining a solicitor letter. Contact the Law Society to obtain the names of solicitors in your area that specialise in consumer law. (please note I am not a solicitor or advocate) In the long term this could be money well spent. Depending on the age of your son he may be entitled to legal advice under the legal aid scheme, but I think this may be a shot in the dark, but there is no harm in asking. It is a long time since I have had dealings with the Legal Aid Board and the rules may now be different.
You, acting on your sons behalf, can write to the owner of the LBS and state that based on his reluctance to take your complaint seriously and provide a prompt solution you now wish to reject the goods as not being fit for purpose and intend to return the goods and obtain a full refund including any reasonable expenses you have incurred. If possible deliver the letter by hand, if not post by recorded delivery so he has to sign for it, eliminating the old ‘I never got the letter’ excuse.
In your letter, state the date and time you will be returning the goods and request information about how he is going to return your funds. (5 working days is considered acceptable in law again it is a question of being reasonable).
If he ignores your letter that is not a hinderace to you proceeding. Arrive at the LBS at the date and time specified with your goods in tip-top condition, have a copy of the letter in hand and ensure that anyone in the shop can over hear your conversation. No screaming or shouting, just a firm determination not to be fobbed off yet again. You are there for your money back that is your objective. Stick with it and stand firm. The longer you stand the more customers he will lose. It will become a question of who blinks first.
Indicate in your correspondence that should he elect not to honour your statutory rights by accepting the return of the faulty goods, you will be left with no option but to raise the matter in Small Claims Court (easy to do) seeking full restitution, including all expenses incurred and recompense for stress and torment. This is your fall back position and must be your next course of action if your visit to the LBS proves flawed.
IMO the LBS is trying it on, stretching the time so that they can avoid accepting rejected goods thereby avoiding a dispute between them and the manufacturer / supplier, he is trying not to be left with goods he cannot sell as new or return to the point of origin, he is looking at a loss on this transaction and he is trying to avoid taking the hit for it. He may offer a credit note. Politely decline as not a suitable solution to you and by doing this may negate any future legal rights at your disposal.
I appreciate that writing a letter is a pain but for legal purposes if it is not on paper it not relevant.
