what are my rights? withholding refund

[highseas]

i recently ordered a starter motor thru a company, he said send me your vehicles details ect and i will get you one in.
it arrived and didnt fit, double checked i had all the right numbers ect yep their all correct..so the starter motor the supplier has sent out is wrong.
i sent it back to the company who ordered it in for me and they have said sorry our supplier wont accept retuns so your stuck with it.

now i may be being dumb but they sent the wrong part and i returned it as new, same packing ect and yet i have lost out on £320?

 

[Guineafowl]

Consumer Rights Act 2015 - Which?

The Consumer Rights Act protects you in almost all purchases you make. Here we explain what it means when buying goods or services

www.which.co.uk

How did you pay for it? Credit card = good.

What is the timeframe?

@ajlelectronics is pretty good on this.

 

[Pete.]

It's not your problem - it's his. HE should have checked with his supplier if they would take a return and he should have informed you about that before letting you commit.

You supplied him with correct details and he sent you a part not fit for purpose. He has no choice but to take it back.

 

[angellonewolf]

id say on this as you gave him the info and car reg its up to them to cheak its the right one did he give you any options of ones that might fit yours

as long as your with in the 14 days of delivery time you dont even need a reason realy unless its a special order and that they must tell you before you order

 

[highseas]

Consumer Rights Act 2015 - Which?

The Consumer Rights Act protects you in almost all purchases you make. Here we explain what it means when buying goods or services

www.which.co.uk

How did you pay for it? Credit card = good.

What is the timeframe?

@ajlelectronics is pretty good on this.

paid via cheque

 

[highseas]

id say on this as you gave him the info and car reg its up to them to cheak its the right one did he give you any options of ones that might fit yours

as long as your with in the 14 days of delivery time you dont even need a reason realy unless its a special order and that they must tell you before you order

its for a forklift, but i gave him all the numbers he asked for and he was 100% confident its the right one, no other options where offered or mentioned.
i did however say that it didnt "look" right prior to ordering and he still said nope this is the correct one

 

[123hotchef]

paid via cheque

they still take those do they!
I have a cheque book not used it for 15 or more years

 

[angellonewolf]

contact them say you want to return it under your statuarty rights @ajlelectronics seams to know xyz of details so hope he will chime in as well

and you expect a refund i believe he sould pay posting both ways as the item has been wrongly sent but i dout he will

 

[daedalusminos]

First thing to clarify is was this a distance transaction.... i.e transaction was not in person? If so you're covered by what used to be called the distance selling act and you basically hold all the cards.

Timescales from point of delivery come in to it so you need to provide those before the forum can help

 

[angellonewolf]

i sent it back to the company who ordered it in for me

im assuming this is an distance buying thing

only thing i had this when ordering a certain part from the plumbing centers i wanted a certian part so i had to do not changing to the pipe work as it would make the job twice as quick
found as cheap unit that will do same job for 70 plus vat or they could order the one i wanted from a photo with details but said its an special order so no return
i went on line ordered from the makers at 106 quid but was a case of undoing 4 nuts and retighten done in 45 mins rather than hour and an half and also less chance of leak as no more joints

 

[MetalMonkey]

Was it bought as a business or as a personal purchase?

 

[nickk]

Was it bought as a business or as a personal purchase?

What’s the difference?

 

[angellonewolf]

What’s the difference?

business to business would im sure be differant rules

the distance selling rules i think apply to private sales ?

 

[ajlelectronics]

business to business would im sure be differant rules

the distance selling rules i think apply to private sales ?

I haven't seen the earlier posts for some reason, only some responses So not sure what the thread is about.

CRA2015 only applies to private sales (Consumer Rights). Business transactions are very poorly protected in comparison and the B2B contract becomes significant.

 

[ajlelectronics]

CRA2015 requires goods to be as described, fit for the purpose and of merchantable quality. A mail order transaction under the Act allows a private purchaser to return goods for any reason by notifying the seller within 14 days of that intention. If the goods are perfect, the buyer can expect to pay return costs, but any issue with the goods and the supplier is fully responsible.

The best way to deal with suppliers who believe that the law doesn't apply to them is to go Section 75. However it is essential that all avenues are explored with the supplier initially and evidence kept.

The ultimate answer otherwise is a Small Claims Court claim which is simple and inexpensive. For such a case, you can be certain of a successful outcome. I can guide potential litigants but again, all other avenues must be explored first.

 

[MetalMonkey]

What’s the difference?

Businesses have a lot less protection in comparison to consumer purchases.

 

[redlig]

they still take those do they!
I have a cheque book not used it for 15 or more years

Just send it I'll soon rectify that for you. A sample signature would help. Only trying to be helpful.

 

[Robotstar5]

they still take those do they!
I have a cheque book not used it for 15 or more years

There were people at Rover in the 80's that would give you £50 for a cheque book on a Friday providing you didn't report it lost or stolen until the Monday.

 

[highseas]

they still take those do they!
I have a cheque book not used it for 15 or more years

I don’t do online banking so unless someone will take PayPal, it’s cheque for me, a lot of farm
Supply/industrial supplies are still happy to take cheques. I use a couple a week at least and still get paid half of all my invoices in them

 

[highseas]

I haven't seen the earlier posts for some reason, only some responses So not sure what the thread is about.

CRA2015 only applies to private sales (Consumer Rights). Business transactions are very poorly protected in comparison and the B2B contract becomes significant.

This is for my forklift thou used for my business it’s not a machine bought thru the business, paid for and maintained out of my own pocket As was the part.

And yes bought via distance, his supplier sent it to him, him to me and me back to him.
I have the receipt off him and the proof of posting and all correspondence.

Update, he said he will contact his supply again and let them known I’m
Not happy and see what they say.