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To think that I should get a refund immediately?

13 replies

Lee2010 · 02/11/2010 01:24

Here is the story I paid for a mobile phone cable and software (for my mums really old mobile) online the cable worked the software didn?t. After a lot of time and money spent on the phone on my mobile (on an 0800 number) and getting the stupid guy on other end of the phone whom knew nothing about the products in comparison to me, to agree if I sent everything back at my 67p expense I should get a refund. Fine he told me to put everything in and the invoice. So I did and included a letter. Still no refund been waiting to weeks rang them back up told them they have the invoice they have the products give me my £30. So am I unreasonable to think that I should get a refund immediately? They have the products unless it has been lost by royal mail but I sent it cheapest postage possible as I expect my packages not to be lost and I didn?t see why I should incur the extra costs. The only thing I couldn?t do was send them back there instruction paper for their illegally copied CD rom and a small piece of bubble wrap since it was too weeks after I received the product I got round to starting to call them and who keeps such things. Thoughts?

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MrsCrafty · 02/11/2010 01:41

I really wanted to read this post but your lack of paragraphs has perplexed me a bit.

Possibly my fault from drinking wine.

Can you bullet point it?

Lee2010 · 02/11/2010 01:44

Sorry will edit (if I can) I do not type well when its late.

Basically returned a product they wont give me a refund claiming I dont have the invoice number dispite the "nice" man on the phone telling me to also mail in the invoice. Dispite putting a letter in with the package as asked.

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OldLadyKnowsNothing · 02/11/2010 01:48

It's fairly straightforward; goods were not fit for purpose and not of merchantable quality, so yes, you should get your refund immediately. Contact Trading Standards.

Problems may arise if they're overseas, though.

Lee2010 · 02/11/2010 01:50

Nope UK but I dont know if I am in the wrong one not having the invoice number and 2 not putting in a pi**y piece of bubble wrap and info sheet they can reprint. (products where only packed in bubble wrap no other packaging) all I can think is package has gotten lost in the mail?

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OldLadyKnowsNothing · 02/11/2010 01:59

You don't need invoice numbers and so on, they're having you on. They posted the stuff to you, so they know your name and address, and that you bought the stuff; that should be enough for them to find any invoices they need for their own systems.

Though it would have been better if you'd used a registered delivery that they had to sign for. :(

Quote them the Sale of Goods Act and distance selling and put a rocket up them.

Lee2010 · 02/11/2010 02:03

Thanks OldLady I will do I think there talking me for a sucker because im only youngish and I dont have mutch experience in dealing with people over the phone. I lack the ablity to yell at them lol. I would have used registerd but with hind sight however its all at my expense and im paying for these phone calls too. Will quote them both first thing in the morning after I am well read.

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OldLadyKnowsNothing · 02/11/2010 02:10

Check with Trading Standards too. The more ammunition, the better. Grin I hate arguing over the phone, far prefer email. Blush

Good luck for the morning.

Lee2010 · 02/11/2010 02:15

I dont want to really make a legal case out of £30 but at this point they should be paying me back more than I paid them due to phone calls, my time trying to get the products to work, and my postage cost..... Perhaps I should point out the cd they sent me while the wrong one is just a blank out of a packet copied illegal cd......

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OldLadyKnowsNothing · 02/11/2010 02:26

Hmm, are you sure it's an illegal copy? They might have a license. And I think an 0800 number is free from a landline, so you can't really claim that back just because you used a mobile. :( And, sadly, you're unlikely to be able to claim for the hassle factor, though I do agree you should be able to.

(After all, if banks can charge £25 for a computer-generated letter, I don't see why real humans putting in real effort shouldn't also be compensated for time etc. Angry)

But no, of course you don't want to go to court over £30, it's not worth it. But that might be what they're relying on. Infuriating, isn't it?

One last thought; it might be worth googling the company name, to see if others have had similar problems, and how/if they've been resolved.

Lee2010 · 02/11/2010 03:00

Hey OldLady well no im not but its old software and on a homemade cd so.... sorry mean to say 0845.. here is an email I have drafted to them I will check it over proper tomorrow what do you think?

Subject line: Mr XXXXXXXXXXXX requesting immediate refund, as promised.

Dear whom ever it may concern,

                                                    I have contacted Mobile Guru numerous occasions regarding refund for NEC E313 data cable and software. I cite the Sales of Goods Act 1979 (<a class="break-all" href="http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1837068)" rel="nofollow" target="_blank">www.statutelaw.gov.uk/content.aspx?activeTextDocId=1837068)</a> section 13 ?Sale by description? the products I purchased were not fit for the purpose stated in the on your website, of transferring data from an NEC E313 mobile phone to a compatible personal computer . Over the phone your customer support said that, if I mail the product back to you with the invoice I would be receiving an immediate refund. I have since contacted customer support by telephone and have not as yet received a refund. I have sent the company the products back with the invoice and a letter as requested.

I therefore would request a refund of at least the value of my products and postage costs, witch I feel given the circumstances is reasonable and fair considering my numerous calls to customer support at my expense. I would like a quick and speedy resolution to this issue and do not wish to involve any third party such as trading standards since I am assuming you will be happy to refund me. I would hope for an admirable response as soon as possible this working day.

                                                    Yours Faithfully Mr XXXXXXXXXXX
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OldLadyKnowsNothing · 02/11/2010 12:13

I'm a bit late coming back to you, but that looks good to me. :) Good luck.

Anniegetyourgun · 02/11/2010 12:22

I don't think "admirable" is the word you're looking for in the last paragraph there... "positive"?

Lee2010 · 02/11/2010 12:35

Edited slightly and sent normally they are quick to respond.

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