To want a refund?? Actually, just tell me what you would do please!

[Threelittleducks]

Right, I am very very angry at the moment, so more ragfe might go into this than is necessary, but I am sooo fed up after spending a whole week at home with two under-3's!

I bought a Babyweavers Lynx Tandem from Kiddicare in October to accommodate new baby (born in October) and 2 year old ds.

I had a C-Section so was unable to use pram for about 5 weeks (plus dh at home, so he took ds1 out for walks withou
t pram/ my mum helped out by giving us lifts in the car). Then it snowed for 6 weeks. Then it was ages until the streets around here were walkable on, let alone push a pram on. So, anyway, long story short I have used this pram precisely 6 times. That's six times on flat ground - nowhere adventurous.

I bought from Kiddicare because I had heard about their great customer service. How wrong I was.

I went to view a nursery with my 2 kids in the pram last Thursday. On the way out the door the lady noticed that a bit had fallen off the wheel. I went to pop it back in and a spring popped out. I pushed that back in and a ball bearing came out. I lifted one side of the pram up to have a look and the whole wheel, including part of the axle fell off, with both kids in the pram! Hence lots of scurrying around by me and nice nursery lady to get the kids out of the pram before it tipped (it's a 3 wheeler). I'm pretty lucky that the lady noticed this, as my next course of action was to roll out of the nursery (smooth flat all the way) and then bump down the kerb onto v. busy main road. I'm pretty sure wheel would have fallen off while bumping down, which would have left me in a hairy pickle, or maybe even an accident.
I dread to think.
As it was I had to abandon pram at nursery and get the nursery lady to help me lump home the 2 kids, blankets and bag (luckily it was just along the road!)

So I emailed Kiddicare and told of the problem. I got an email the next day telling me to fill out a form so they could pick it up, asking me to specify a date. I asked for Monday. They never confirmed over the weekend so I phoned them on Monday and spoke to a woman who said that they were sorry, they hadn't been able to book on, would Wednesday suit? I was a wee bit miffed but agreed. I check my inbox; this woman saying that she would arrange it for me over the phone so I didn't have to email and she said she would send it to XXX. I have an email from the woman to XXX saying 'XXX could you book this on for Wed 2nd |Feb please".

To me this clearly looks like she has sent the email to me insead of XXX, so I send a reply to XXX saying 'Think this was meant for you - hope you got it as that's me been stuck in the house without a pram for nearly a week come Wednesday - I wouldn't want it delayed any further!'
I get an email back saying 'Thanks for your email, I'll confirm as soon as this is booked on'.
So I wait.
This morning I get another email. I think it's much waited on confirmation, I open it, it's not. It's an email saying exactly the same as the last!

So I phone them (10p a minute folks!) and the woman (who first tells me the pram has been sent back to the manufacturer - er no, it's in a bloody big box in my hallway collecting dust!) informs me that it's not booked to be picked up today - but would I like it collected at a more convenient time? Er, no!! It was convenient today thanks!

Who did I talk to?
XXX
Oh Ok, XXX will call you.
An hour later, XXX calls, she is 'sorry', the manufacturer have said that they can send a pinwheel out, this will probably solve the problem.
Saves me being without a pushchair (ha ha ha - belter!)
I say no, I would still rather it was collected and looked at properly please, as if it's not pinwheel, then it will still have to be collected anyway.
Ok, she arranges for it to be collected tomorrow!
Might be back at us around Monday/Tuesday, maybe.
(Like I trust them).
Perplexed and angry I give in (I am a pussy and tbh was so angry that I just agreed - didn't know what else to say). Then as soon as I hung phone back up I realised that I was busy tomorrow (docs) and can't wait in from 9-6pm for the thing to be collected (again!!)

And besides, I wanted to put in a complaint. So I phone back and say that I can't wait in tomorrow and want to make a complaint about the way this has been handled. She isn't very nice to me actually, and books me in for Friday (am yet to see if this will transpire - do I trust them? Do I buggery!) I complain and she says 'well we sent you an email on Monday, obviously you didn't get it and that's delayed the whole process'!!!
I was too perplexed to say anything else. ABsolutely dumbfounded that they are trying to blame me now!

SO (sorry, am completely incapable of writing short posts) AIBU to want a refund?
Or at least a better alternative. I just feel like I've been passed from pillar to post, nobody knows what's going on, and nobody gives a monkeys. I paid a lot of money for a pram and have been stranded for the forseeable. WWYD???

I never complain about anything and the red mist has descended - I'm like a dog with a bone once it starts! Rage!!

Wish I'd researched their customer service properly as much as I did the pram before I bought the bloody thing too!

Check out
First thing that came up in the bloody Google search!!

I guess you haven't been on MN long otherwise you would know to never, ever buy anything from that particular manafacturer.

YANBU, their customer service is appalling. I hope you get it sorted soon.

Sorry

this

Where oh where did I get the idea that they were any good then?
Been on MN for a wee while now - how have I never picked it up?
I was sitting bloody congratulating myself for not having to deal with Mothercare - at least they would have given me a pram to use while waiting on repair!

YANBU to want a refund and you have been treated very unfairly.

But in defence of kiddicare, I always order stuff from there and have never had any problems and always been great if I've had a problem (rarely)

Oh and very glad the nursery lady noticed before you went over a Kerb.

I would demand a refund. You are not obliged to accept a repair or replacement if it's faulty. Contact Consumer Direct for advice. They will even write the complaint letter for you.

I would probably call trading standards, and get them to tell you what to do. I had a similar experience, and they were very helpful in helping me with what to say and knowing my rights. Just armed with this sort of info can turn a company into the most helpful people around.

Thanks emsyj, am having a look now. Oh I am soooo angry!!

Your buggy will still be under warrenty for 1 year.

Also if you bought the buggy online you can reject the goods as not fit for purpose under distance selling regulations. (You can try this first but may not work due to how long you have had the buggy - it is irrelivant how many times you have used it)

also you are still covered by SOGA - Sales of Goods Act and Services

What this means is you are entitled to
Repair
Replace
or
Refund

But you have to give them chance to fix the problam.

Hope this helps.

MrSpoc I would prefer a refund (if it breaks again I really do not want to have to go through all this again). Is it fair to just ask outright for this?
Is a week sat at home waiting for something to happen a fair enough chance?

the problam you have is that the company by law have to have the opportunity to resolve the issue first. So under SOGA they can offer a repair to begin with.

You could argue that until now thier service has been dismal and now require a replacment or refund. They cannot make to take credit, they must give a full refund (if that makes any sense).

If it were me I would complain and say you are excersisng your rights under "Sales of Goods Act & Services" and you expect a replacment or a full refund within 7 days.

This may give them the kick up the arse that they need.

You don't have to give them opportunity to repair actually - they may tell you that you do, but if you elect for a refund you are entitled to it if it's faulty. Consumer Direct are part of Trading Standards.

Your only issue might be that they claim the buggy isn't faulty and it's your fault it broke - but they would be foolish to try and argue that and anyway if the damage occurred within 6 months of purchase the burden of proof falls on them to show it is your fault and not a fault in the product.

Emsyj - I have gone over SOGA & DSA indepth and i can assure you the companies are protected to an extent and they can offer a repair in the first instance. If they were not protected in this way then the manufacturing / retail industry would be in a right mess

Right!
[cracks knuckles]

Here goes!

Good luck

I am a solicitor. They don't necessarily have to have an opportunity to repair if the item is faulty. They may want to inspect the item to see if it is faulty, but that is a different issue. The OP is entitled to reject the goods if faulty and require a refund if it is within a reasonable time. That is a subjective question, but here it is clear that she has only had the buggy for a few months. A buggy could reasonably be expected to offer years worth of use.

I do think though that the OP should take her advice from Consumer Direct rather than an Internet forum as they deal with this stuff day in day out and will be best placed to advise and also offer practical help with getting the refund. I had no end of hassle with a faulty sofa a couple of years back but got there in the end - by suing the buggers.

does not matter that you are a solicitor unless you specialse in consumer law which I can clearly tell you do not. So get off your high horse.

Further to our conversation today I am actually very unhappy with the service I have recieved and am not happy with the pram being collected for repair. I have already waited a week for it to even be collected and to be honest I am fed up of being passed from pillar to post. I dread it being taken away with no knowledge of when it will return and am very worried that this will be a recurring problem. I have already stated how lucky it was that the fault occured while we were not moving and it could have been a very different story altogether if I had travelled out of the smooth paved area and bumped down the kerb onto the very busy main road, as I was about to do.
I would now like to request either a replacement or a refund. To be honest I would prefer a refund as I really do not relish having to go through this rigmaroll again if something else goes wrong. I bought from Kiddicare as I had heard a lot about the excellent customer service, but I assure you that sadly, this was not my experience. I am very disappointed.
I am exercising my rights under "Sales of Goods Act & Services Act 1979" and expect a replacment or a full refund within 7 days.

What do you think??

I don't think it's me who is on a high horse - you are very sensitive, no?

I do not specialise in consumer law, which is why I have suggested the OP should take advice from Consumer Direct who ARE specialists. I do know, however, that you are wrong when you say that companies ALWAYS have the option to give a repair and not a refund. This is incorrect, so I am pointing this out in case the OP believes that you are an expert because you have read (so you claim) the Sale of Goods Act.

It does matter that I am legally qualified as I have studied the Sale of Goods Act, I just do not advise on it in my current practice.

Threelittleducks - letter is ok but i would first call and make a complaint about service. ask to speak to a manager and log the call. then follow up with a recorded letter. Make sure you mention your rights under the SOGA.

Emsyj - how could i tell you did not practice in consumer law? so you being a soliciter is irrelivant.

Why dont you ring Consumer Direct and ask 1 simple question then call back and ask it again. do this about five times and i will garentee you get 5 different answers.

Under SOGA the companies can offer a repair first - this is law as it protects the industry, then if they fail or are unable to fix then they can offer a replacment or refund. Now under DSA she could reject the goods as not fit for purpose but she only has a limited time

No advice to offer except that you can avoid spending 10p/min by searching for a geographical number here: www.saynoto0870.com. Has saved me a fortune.

Good luck...

I have a similar sorry tale about kiddicare but did get my money back eventually.

Ok if you don't believe me then check out the guidance on the Consumer Direct website - it is clear enough that even you should be able to understand it, MrSpoc.

I have used CD myself and found them really helpful and didn't have any issue with them not knowing what they were doing (as you suggest).

I am not sure why you are so chippy and rude, but just to clarify, I have not claimed to be a consumer rights specialist - but I can assure you, your understanding of the Sale of Goods Act is not quite right. There Re circumstances in which a consumer CAN insist on a refund. They may apply here but that is something that a specialist should advise on. I have said that I am not a specialist - and I think you need to accept that you aren't either. My legal qualifications are relevant because I have actually studied this are of law, rather than just independently reading about it.

play nicely children