Goods not as described, retailer dragging their feet. what next?

[pointyshoes]

During October we ordered and paid in advance for a new freezer. We chose this particular model for a specific feature described in the manufacturer's brochure. The sales assistant (small independent shop) agreed that this model had this feature. It was delivered and installed at the end of October and it was then apparent that this feature was missing, although the appliance still works perfectly without it. I immediately (same morning) phoned the retailer to let them know. The sales assistant agrees that he remembers us wanting this feature and accepts that this model does not have it. I understand that this falls in the domain of the Sale of Goods Act, as the item is not as described. (We have a print out of the manufacturer's catalogue which lists this model as having this particular feature).

As I understand it, it is the responsibility of the retailer to sort this out. They say that they can't find a model from any manufacturer that has this particular feature. We have therefore asked for a partial refund (we only went to this retailer because we wanted this model). They are unwilling to enter into any negotiation until they have heard from the manufacturer.

However, it is now nearly 5 weeks later and we are still no further on. The retailer is clearly giving us the runaround - promising to phone us and then not bothering, "unable" to find anyone at the manufacturer who can deal with this etc etc. I am really fed up with being palmed off, and just want to get this settled. I get the feeling the retailer hopes that we will just give up and go away.

Is there anything else I can do to speed this up? Do we have to wait for the manufacturer's response, or can we insist the retailer refunds us (say £100 of the original £477.95). Would really appreciate some advice, the more the retailer drags his feet, the more determined I become to settle the matter.
(sorry, long)

TIA

[prh47bridge]

What goes on between the retailer and the manufacturer is not your problem. Your contract is with the retailer and they must sort this out. It is time to write to them saying how much of a reduction on the purchase price you want, setting a deadline for them to pay and making it clear that you will take court action if they fail to provide the refund by then. This would be a small claim so you can deal with court action yourself should that be necessary - you don't need a solicitor.

[pointyshoes]

Many thanks prh. I thought that might be the case but wasn't completely sure.