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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To expect a refund?

147 replies

Kai1977 · 28/09/2017 12:46

I bought a top from Zara a week ago, got it home to find a buttonhole was damaged. I can't find the receipt but the amount shows on my credit bill.

Zara will only offer an exchange. Does the credit card bill not count as proof of purchase?

OP posts:
Amanduh · 28/09/2017 20:59

There are lots of shops that explicity state they will accept a bank statement as proof of purchase. People are always having hassle with Zara over returns, they're rubbish.

Bombardier25966 · 28/09/2017 21:01

@Raizel, if you know the law then please quote the relevant sections to support your assertions. I strongly suspect you are not a consumer rights or commercial solicitor, or are otherwise legally qualified?

Bluntness100 · 28/09/2017 21:04

You don’t need a receipt... so walk into a large shop.... pick something up and go to the till and ask for a refund

Yup. Or buy one item for 19.99£ then go back every day to one of their large stores, pick something up for the price of 19.99 off the racks, head to a till and show them your bank statement, tell them that’s what you bought and your statement is proof and watch them take it off you and hand you twenty quid.

Not sure why we all aren’t doing it....💰💰💰💰💰

Kai1977 · 28/09/2017 21:14

Raizel Huh? I am quoting things from sources that know the law, not interpreting anything?

Just because you've never been prosecuted doesn't mean you are following the law.

If Zara refuse I will take it further, perhaps others just never bothered to or more likely didn't fully understand the law to challenge you before.

I'd love for you to clarify how you read the law differently though.

OP posts:
SouthWestmom · 28/09/2017 21:25

Hi op I recently had success via the FB messenger app. I bought an item in store and it was faulty - only obvious after a couple of months. I sent a photo to FB messenger and asked what to do. They said without a receipt as it was a manufacturers fault it was fine. I showed that in store and they refunded to the last price - lower than what I paid but better than nothing.

verystressedmum · 28/09/2017 22:29

Bluntness some people do do that they are called thieves that's why we aren't all doing it because it's dishonest.
Some people pick up receipts and shoplift the items on the receipts to get a refund, it's also stealing that's why we don't all do it.
People will do all sorts but it doesn't change the law.

Some retail managers and assistants don't understand the law and apply in their own way. Consumers don't understand the law so accept what's being said to them.
It doesn't become the law just because that's what a person did in the shop they worked in.

Kai1977 · 29/09/2017 07:49

Thank you.

Noeuf do you mean through the Zara Facebook or another retailer?

OP posts:
FannyTheFlamingo · 29/09/2017 11:19

@Raizel having worked in retail management and developed customer experience courses, I do speak with a bit of experience. We're talking about a huge chain here!

SouthWestmom · 29/09/2017 16:07

Hi op - through the Zara Facebook page there's a message bit. They were really helpful and in store they were sceptical but agreed when I showed the messages

Purplemeddler · 29/09/2017 16:20

Does the credit card bill not count as proof of purchase

Yes it does. 100%.

You do not need a receipt.

That is very clear law. They are just trying it on.

If an item is faulty, it is assumed to have been faulty when you bought it and you are entitled to a refund in the first 30 days.

I am fed up with retailers who do not train their staff properly on basic consumer law.

Purplemeddler · 29/09/2017 16:23

There's some very good guidance here: www.businesscompanion.info/

I see Bombardier has spelled it out in more detail than I did, should have RTFT!

RunningOutOfCharge · 29/09/2017 16:24

I’m fed up with chancers

The amount of people we get trying to return xmas lights in the week after Xmas as they are ‘faulty’ Hmm

Purplemeddler · 29/09/2017 16:25

Oh and the law I am quoting is for England and Wales (in case someone gets upset re the thread about people on here assuming everyone is in England), but the law is very similar in Scotland and NI as the CRA 2015 applies in most cases to Scotland and NI too, and a lot of consumer law is based on EU law, so applies across the UK in any event.

LegalbeagleinENG · 29/09/2017 16:36

I know the law you can keep quoting different acts at me

That's because the SGA applied to the end of September 2015 and the CRA 2015 has applied since 1 Oct 2015.

The fact remains, a receipt is not necessary because it is not even a legal requirement to provide one.

I often go into M&S and get asked if I want the receipt. If I'm buying food items I don't bother. That does mean if I've paid cash I have no proof of purchase, but that's my choice. But if I paid by card, I would.

As for not getting prosecuted, Trading Standards have few resources and probably bigger fish to fry.

If someone has simply changed their mind, that's different (unless you buy online and return within 14 days).

I'm afraid that you are wrong on this. I am a lawyer and consumer law is one of my areas. And I dealt with this exact question this week at work - exactly - can a retailer ask for a receipt for faulty goods (outs me totally so namechanged).

As for the Xmas lights, presumably you take them out the packet, turn them on, they work, so you tell the customer that and send them on their way?

But if they don't work, you are going to still act as if they are trying it on?

RunningOutOfCharge · 29/09/2017 17:48

So without a receipt and customer says item was one of 3 different tops all priced at 25,30 and 20....the credit card bill shows a total transaction of £75

How does the shop know how much to refund?

RunningOutOfCharge · 29/09/2017 17:49

H&s rules say we ‘aren’t allowed’ to switch lights on

Plus there are no spare sockets at our tills

shallichangemyname · 29/09/2017 17:55

There is no law that says you must have a receipt. The law is that you must prove on the balance of probabilities that you bought it. You should be able to do that with your own evidence backed up by the bank/credit card statement.

Hillingdon · 29/09/2017 18:05

I used to work in M&S. They gave cash refunds back in the day but have stopped doing them as people were pinching clothes, stating they had lost the receipt and then getting cashback!

Now, this is a different situation but you do seem rather keen on the cash. Couldn't you buy something else in Zara?

Kai1977 · 29/09/2017 18:39

Thanks all.

Can anyone help with the exact bit of the Consumer Rights Act that references no proof of purchase required? Useful to know.

Yes I could accept another item but there is nothing in there I want right now and I could take that money and use it - right now - in another shop where I do.

OP posts:
mumindoghouse · 29/09/2017 18:41

S9 consumer rights act 2015.
www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Bombardier25966 · 29/09/2017 18:49

How does the shop know how much to refund?

The shop will know how much they were charging for an item on a particular date. The magic of technology.

mumindoghouse · 29/09/2017 18:52

Your evidence as shallichange says seems I would think sufficient on balance of probabilities. You have 30 days to reject.
Shops like receipts as refunds are an area where they are vulnerable to fraud. But you should be able to push for a refund if you want. Might take conversation with manager/ letters to head office in a calm collected way.

RunningOutOfCharge · 29/09/2017 18:52

er, no...well,we wouldn't. prices fluctuate too much. we have no way of knowing, hence having it printed on back of receipt to keep hold of receipts etc

Bombardier25966 · 29/09/2017 18:55

s.9 does not state a receipt is not needed. OP please look at my response from 20.57 last night, which I hope explains the situation re proof of purchase. The Act explains your obligations, what you/ the retailer do need to do, not what you do not.

Bombardier25966 · 29/09/2017 18:57

EPOS systems allow you to check historic prices.

"Clutching at straws" springs to mind!