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Trader refusing to refund for badly made items.

3 replies

Jammybean · 20/05/2013 11:46

Not sure if this is the correct place to post. I just need some advice on this.

I bought some wrought iron curtain poles totalling over £300. They arrived 2 weeks ago but I only opened them when our curtains arrived on Friday. They are really badly made, and some of the button ends don't even fit the curtain poles. The poles are not wrought iron but steel ones painted matt black. So I contact the guy requesting a full refund and he refuses because apparently they are a custom item therefore the sale of goods act doesn't apply etc. I'm pretty sure he is taking the p*. He's said the best he can offer is £150.

Has anyone had experience of something like this? As far as I'm concerned the items are not satisfactory and not fit for purpose. The only custom part is the actual length of the poles. But surely these can be bought by someone with smaller windows?

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Collaborate · 20/05/2013 12:08

he's wrong. you're right.

Small claims court if he won't give you a refund. Presumably he's saying there's nothing wring with them.

If he sold them as wrought iron and they're not, speak to Trading Standards.

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Jammybean · 20/05/2013 14:45

Yes he's saying that he has never had any complaints about his products and that of course we are wrong.
We purchased our items on Credit Card. Do we have any other protection because of this? HSBC have now said that we could only make a claim if we hadn't received the items. I'd rather not have to go to small claims court. But it doesn't look like we have much choice in the matter.

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prh47bridge · 20/05/2013 18:27

The credit card provider is jointly responsible for the goods provided. You can make a claim against them if you wish. If HSBC is the credit card provider they are completely wrong to say you can only claim if you haven't received the items. Remind them of section 75 of the Consumer Credit Act 1974.

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