Appliances Direct sold our air conditioner instead of sending it back to us

I agree with your husband, push them to send you a replacement at no extra cost. After all, the one you returned for repair has been deemed functional, when it clearly isn’t, so you don’t really want that one back do you!

Cheeky gits!!!! I'd be going for the upgrade as a gesture of goodwill

They can’t do that without agreement. The customer has to reject the goods, which they haven’t.

But they sold someone else’s property. It isn’t theirs to sell.

Don’t forget the Daily Mail also has a consumer column.
You could get the involved.
You should also contact Which the consumer rights champion.

Its definitely worth getting some advice seeing as you are being financially disadvantaged. Even using AI to look at any relevant legal info might be helpful but chatting to Trading Standards is a good idea.

Had they come back and said its faulty they may have got away with saying refund is the only option, but because they have told you it was fine and sold on, they have admitted mishandling something that you owned.

I would be asking them when, where and for how much it was sold as that is also relevant information. Did they profit from doing this and how quickly after they received it did they sell it on.

I wanted to say add in any relevant health conditions but didn't want to be impolite.

My goodness they should jump at the chance to make this right. Awful

(I love the idea of it going viral and you being well compensated).

Hope they wake up and expressly deliver a good replacement tomorrow 🧊❄️🧊❄️🧊 and make compensatory gestures

I wonder if this would be the case if they sold it for more than the refund though as thats highly likely the case. So its worth speaking to Citizens Advice because if they offer a refund as the only option and sold it for significantly more, I would say there would be more that can be done but they will be the best people to advise.

Mention something like 'loss of amenity of the air conditioner at a critical time'. The media would love your story ❤️

I work for a charity group ...every year someone sells our own fans, sun brollies etc...everything has big "Do Not Sell" labels now 🤭😂 we are daft and soft hearted. ...but at least it is OURS to sell.

What happen to your family is awful ❄️🧊❄️🧊❄️🧊❄️❄️❄️ icy thoughts 🍹

If they bought it last year, prices for air con have gone up so much that you wont be able to get anything like it with the refund and this is likely what they are hoping as it would most likely have been sold for a massively inflated amount compared to last year. I bought one last year for £429 and this year they had a refurb of it sell for £900 when I looked.

Also point out that they have sold something that doesn’t belong to them, which is theft.

I very much doubt this will work. They have been offered a full refund which the supplier is entitled to do I believe. So the fact that right how they only have more expensive aircon units for sale does not mean they are obliged to give OP one

This is there AI comes in handy:

Subject: FORMAL COMPLAINT: Breach of Bailment and Section 49 CRA 2015 – [Your Order/Repair Reference Number]
Dear Appliances Direct Complaints Team,
I am writing regarding my air conditioning unit (Model: [Insert Model Name/Number]), which was sent to you for repair under reference number [Insert Number].
You have informed me that you have wrongfully sold my unit and have offered a standard refund of my original purchase price. I formally reject this offer.
As the bailee of my property, you had a legal duty of care. Selling my property without authorisation constitutes the civil tort of conversion and a severe breach of Section 49 of the Consumer Rights Act 2015(failure to perform a service with reasonable care and skill). [1, 2, 3, 4]
Under UK common law, the measure of damages for conversion and breach of contract must place me in the financial position I would have been in had the breach not occurred. Because we are currently experiencing a heatwave, the market price of equivalent air conditioning units has soared, and stock is globally limited. [1, 2, 3]
A refund of my original purchase price does not fulfill your legal obligation, as it leaves me completely unable to replace the unit on the open market.
Therefore, I require you to do one of the following within 7 days:

1. Source and deliver an identical or upgraded replacement air conditioning unit to my property at your expense.
2. Increase your financial compensation to £[Insert current market price of an equivalent unit], which reflects the actual current market cost to source a replacement today.

I wouldn’t settle for a refund OP, like some posters suggest.

With the demand air con units have either gone up in price or are generally unavailable. That’s not an acceptable resolution.

They either need to return the unit to you (as in source like for like) or give you the upgrade free of charge. Do not settle for anything else - they’re 100% in the wrong here and I hope there’s no mistake in your paper trail.

I’m also absolutely stunned that they would admit they sold your property on email!!!

I wouldnt take it as gospel that they have actually sold it, even though theyve told you they have. Theyve been telling me different stuff constantly throughout the process, one text message told me how it had come back into stock so they could arrange a replacement and when did i want it, and in the same paragraph told me it was now out of stock so they couldnt replace it 😑

Do they have a replacement? They can send you they shouldn’t be charging you any extra.

Yes
They sold your property WTF

I’m baffled by PP comments that they’ve met their legal obligations and discharged their duty under the consumer rights act! Does this mean that retailers can sell on property that doesn’t actually belong to them?! If you take a laptop in for repair, for example, it’s not actually yours anymore and the retailer can sell it and offer you a refund? Surely not!

@Iyamnotayam unfortunately, as they've offered you a full refund then there isn't anything you can do other than accept, as they have (more than) met their legal obligation doing this.

In fact, legally they could actually make a deduction from the refund for the years use you have had of it so far e.g. if it would typically last 10 years and you had it 1 year, they could offer a 90% refund.

I'm assuming the price has rocketed since you bought it, hence wanting it replaced/returned, as if you buy another it will cost you far more?

You could push them for a replacement, and try insisting on them sending you yours back or a new one at their cost given it was incompetent of them to sell yours and they shouldn't leave you in a position where you can't afford to replace it? (but if they don't play ball then you'll have to accept the refund.)

Slightly odd situation, but they have discharged their duty under the consumer rights act as they have offered a full refund (I am assuming it is a full refund of the original cost?).

Prior to six months (but after 30 days) they only have to repair/replace or refund. After six months they have to prove it wasn't faulty when you bought it. If it was (and maybe their check showed it was) they only have to refund you. Which they have offered to do. They could offer a replacement but if they don't have one of equal value they're not obliged to give one of higher value.

I'm assuming after finding the unit was faulty they have refurbed it and sold as seen. Either way, I'd personally take the full refund and buy from a better company, they don't sound that reliable.