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AIBU?

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Original poster

Is anyone any good on Sale of goods etc? I need some help.

39 replies

YorkieButtonsizeMen · 09/05/2015 17:09

Hello,

hoping someone is knowledgeable about this as I have reached a brick wall with Asda. (posted in chat the other day but it fell off very quickly).

I bought one of the Plum 'Premium Quality' seesaws on the 3rd.

It arrived on the 6th. Box was open, part of it was damaged. I made sure all was there and rang Plum about a spare part, they asked for a photo, I sent two.

I then tried to build it. First off, there were some little metal labels screwed on so badly, wonky and loose that could not be tightened as they were in holes that were too big, with the wrong screws, so I just took them off. This did not bode well.

I tried to insert the 8 M4x70 screws into the pressure treated wood of the base. I am fairly good at basic carpentry, and so drilled some very neat, small pilot holes in order to assist with this. The screws refused to go in. They were creaking, they stuck half way into the wood - shafted two screwdrivers and then I used the drill on screw setting, which didn't work either. The wood was too dense.

I had difficulty extracting them as the tops were all knackered now, so used pliers, and got them out with no damage to the wood (only screw holes as you might expect.

I then realised that a totally separate part, which was supposed to have a large hole right through it, had no hole at all, meaning I'd have to drill that too.

At this point I gave up having lost two screwdrivers and a drill bit to the thing. I rang Asda and asked to return it as it wasn't fit for purpose - it just needed to have all the holes it was meant to have, and some extra pilot holes, and it would have been ok. But I had given up on the quality and extra work it would take to build.

Asda said they would contact Plum, and get back to me...three days later I have called four times, emailed three times and all of it has been either ignored or hopeless. The call centre guys keep me talking for 20 minutes about South Africa's landscape and how nice my voice is Hmm and then put me on hold for another 20 minutes to speak to a manager ,who says I have invalidated my guarantee by making holes in the product.

I can't believe this - you have to make holes in it to build the fucking piece of shit thing. How could I have known that the screws wouldn't go in unless I tried? It's ridiculous.

Took it back to the store after phoning them and being told no problem, they could refund it there - got there and they couldn't as it wasn't a Georg product and they couldn't find a bar code. I also received no delivery note with it so can't use that.

I am so pissed off. I am still waiting for even one of my emails to be answered but don't hold out much hope.

Does anyone know if I have any rights at all here? Or are they correct that I have spoiled any chance of a refund by trying to build a flat pack item, following all instructions, and finding it won't co-operate?

Thanks if you have got this far.

OP posts:
WorraLiberty · 09/05/2015 17:11

Ring Trading Standards on Monday, they're absolutely fantastic at this sort of stuff.

Original poster
YorkieButtonsizeMen · 09/05/2015 17:12

Oh really? I thought they only deal with major issues like reporting illegal fireworks, kind of thing?

OP posts:
LIZS · 09/05/2015 17:13

Your contract is with the retailer. If you ordered online the sku number will be on the confirmation and on their system Hmm.

QueefOfTheDamned · 09/05/2015 17:15

The item is not fit for purpose in that it a not be put together to allow it to be used. Sale of Goods Act St tates that goods must be 'fit for purpose' and 'as described'.

If you ordered from Asda online, direct your complaint to them. The fact that you have started to assemble it does not affect your complaint as you wouldn't have known it was faulty until you started to build it.

Pipbin · 09/05/2015 17:16

Did you buy it mail order? Even if you order and pay online but then collect in store it counts as mail order.
If so then you have (off the top of my head) 14 days to reject it no questions asked.
Either way the product is not fit for purpose, and you are entitled to a refund. It is the responsibility of the retailer to return it. You should not need to contact the manufacturer.
Call ASDA again and tell them that it is not fit for purpose and (assuming you bought online) you are entitled to a refund under the distance selling regulations.

Petallic · 09/05/2015 17:19

Email Asda CEO - I had a nightmare problem with them, same issues of getting nowhere with the call centre. Within a day of my email to the ceo it was taken up by his office and I got a refund and goodwill gesture.

26Point2Miles · 09/05/2015 17:20

Have you looked At the returns policy?

Pipbin · 09/05/2015 17:23

Have you looked At the returns policy?

The returns policy is irrelevant. The sale of goods act says that a product must be fit for purpose and of satisfying quality. You are entitled to a refund regardless.

Original poster
YorkieButtonsizeMen · 09/05/2015 17:26

Thanks all so much. Feeling so alone with this till now...they were on my side in the store but couldn't do anything.

There's no SKU number on the confirmation email, or the web page. I can't find one anywhere. the guy in the call centre gave me a number but it didn't register with the store computer/till.

I've scoured the returns policy. It doesn't seem to offer any further help once you've contacted CS.

Pipbin I didn't know that - looking on the consumer direct website I can't see if it's 'no questions asked' or if it is only stuff you haven't assembled?

Will try and find the CEO address - thank you so much.

OP posts:
Tiredmumno1 · 09/05/2015 17:32

CEO details in case you hadn't found it yet. Good luck Smile.

fairgame · 09/05/2015 17:32

Have you tried the manufacturer?
I bought a trampoline from an asda store last year and one of the base poles was wonky. I bypassed asda and rang the manufacturer direct and they replaced it free within 3 days. I know it's ultimately asda's responsibility but it might be worth a try.

GoringBit · 09/05/2015 17:41

OP every contact you have with anyone, note the date and time and their name. If that person can't or won't help, tell them to escalate your complaint. Be persistent, be a nuisance. E-mailing the CEO should get things moving, Twitter can be your friend with a complaint. I know it's a massive pain in the arse, but you have right on your side.

I also think you've reached a stage where Asda should recognise the time and trouble you've been put to. I'm not a fan of compensation culture, but you've been seriously messed about, so I think a modest goodwill is in order too.

Pipbin · 09/05/2015 17:49

It's not call distance selling regulations any more.
Here is a link to it now: www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

The bit you want is this: Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it

If you ordered it online it doesn't matter what they say or think, you are entitled to a refund within 14 days of delivery.

Original poster
YorkieButtonsizeMen · 09/05/2015 17:51

Thank you all. I have found the CEO email and sent off a long, detailed account which hopefully will bore him so much that he'll do anything to get rid of me Smile

I am so glad that no one thinks this is my fault. I'm worried about being deemed to have accepted the item, by having tried to build it and making some small pilot holes for the screws. It's so bizarre. Maybe I should have just returned it but it would have had failed screw holes in regardless.

I'd ask Plum for spares but I'd still have to drill holes for the screws. They are seriously impossible to put in - I've built walk in rabbit runs, kitchens, all sorts of things. It's such a poor, lazy design.

OP posts:
Original poster
YorkieButtonsizeMen · 09/05/2015 17:53

Really Pipbin? Even if I have started to assemble it? Thanks for the link - will go and have a read Smile

Not terribly fussed about compensation but a bit of petrol money would be nice! I am hesitant to expect anything.

Oh and I did open a paypal dispute out of desperation, no response to that either yet. I don't fancy returning it at my own cost though, it weighs a ton and is two metres long.

I've seen some poor reviews of Plum CS as well now, which is a shame - I went for their product thinking it was a safer bet Sad

OP posts:
Pipbin · 09/05/2015 18:00

Possibly not The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.
Either way, the item is not fit for purpose. You are entitled to a refund.
Sit there and annoy them until the give in. You are in the right, don't forget that.

LotusLight · 09/05/2015 18:14

Yes, always always use those conusmer regulations before you turn to Sale of Goods Act as in most cases (except bespoke goods or goods you have used/dissolved/lost their form etc) you cna return. They MUST say on the on line terms (or in the catalogue if mail order) how to return under the consumer regs.

Look now for a "right to cancel" (within 14 days) provision. If they don't tell you about the right to cancel the period moves from 14 days to 12 months!

Your beef is with the company you bought from which sounds like not your local store but asda online or whatever they are called.

uggmum · 09/05/2015 18:18

How did you pay for it. If it was on your visa debit or credit card and was over £100 you can approach your card issuer and they should be able to sort it out for you under the consumer credit rules.

Original poster
YorkieButtonsizeMen · 09/05/2015 18:35

I paid by paypal. Thought it was a good idea at the time. ...!

OP posts:
Original poster
YorkieButtonsizeMen · 09/05/2015 18:36

Paypal said that their rules override Asda's returns rules Smile not sure how that works. But then you have to return it trackable!

OP posts:
LotusLight · 09/05/2015 19:53

The only disadvantage of not paying with a credit card is you cannot use s75 of the CCA to get a refund from the credit card company.

if as we think the rules under the consumer regulations for distance selling apply then the company from which you purchased has to allow you to cancel within 14 days even if the goods are not defective. So you need to read the terms on the website if bought on line or int he catalogue which refer to distance selling and the 14 day period. Many terms cover both topics - returns for defective goods which might well be outside the 14 period and returns within the 14 days where you don't need to prove any cause or defect.

QueefOfTheDamned · 09/05/2015 20:09

Actually, the SoGA also says that goods should be of 'merchantable quality' which this item isn't as its faulty.

IF you have to return by track able means, check out MyHermes or similar couriers as they're much cheaper than RM.

QueefOfTheDamned · 09/05/2015 20:10

Posted too soon...

However, I'd be pushing for Asda to arrange collection.

AnulTheMagnificent · 09/05/2015 23:14

I would post on their FB or Twitter, things can be resolved quickly that way, if it isn't resolved then you still have your rights to fall back on.

SouthWestmom · 09/05/2015 23:20

You can't use the distance selling unless you've just changed your mind. They can't resell it as you've started to make it.
If it's not fit for purpose it seems they've agreed a refund they just can't find a code for internal use. Delivery note? Take it to the store to have the box scanned?

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