O/T Legal Advice on refunds please..

[BigDaveUK]

Right, basically i used to play paintball for a team but the westie soaked up all my money so i gave it up.

Tried to sell a marker (gun) a few days ago, one which i`ve already had problems with since buying it, but have always been fixed in a timely fasion.

Anyway, when i was showing the guy, it wouldnt turn on properly, but we both assumed it was just a dead battery due to lack of use.

Long story short, it came back to me not working, i sent it back to the shop, and it has come back with a whole host of new problems!

I wouldnt mind as much but i dont even want the thing, and theres £600 of my hard-earned tied up in it.

messages following on from recieveing it back...

QUOTE

Hi jon,

i would`ve rung you but been flat out at work this week.

Got the gun back thanks, and switches on fine now.

i now have some more problems..

-the switch sticks down when you scroll down through menus etc

-the paint is worn off completely around the switch, having hardly used the gun i know it wasnt like that before i brought it to you!

-and finally the barrell sock is now missing from the box! it was all packed up to sell so i am certain everything was in there.

sorry to be a pain in the a**, but as you know i have left the sport now and have no need for it, so its very frustrating keep having it returned to me!

this will be the third time it has had to come back to you, and as such i would like to request that i bring it in as soon as i can, and you provide me with a refund.

If i had been playing and having all these problems i`m pretty sure i would`ve handed it back to you by now and gone to a different marker, but as it hasnt been used i havent considered how much hassle its been until now.

Thanks

Dave

QUOTE

Ok,

The gun was returned to you in the same condition it was given to Chris.

The board was replaced due to a damaged on/off switch.

A sticking switch could be due to one of the board screws being a little tight, it was checked but this is a very simple fix which would take seconds if required.

I am afraid that given the fact that you sold the marker and transferred it to a third party, we have no way to be sure what happened to it while it was not in your possession. Under these circumstances that is not possible to even consider a refund. However, we are still committed to reparing any damage to the marker and will continue to afford you our usual support. I am sorry to hear that you are leaving the sport and wish you well in the future.

Please let us know a convenient time for us to have the marker collected so that we can return it to Angel Paintball Sports for them to assess and perform any repairs that are required.

regards

Jon

QUOTE

Thanks for the quick reply,

I Can assure you that there was no wear on the silver bit surrounding the switch, and that the barrel sock was in the box, along with everything else.

Any week day after 2.30 would be fine for a collection, thankyou.

And i will be in contacting citizens advice concerning the refund.

I appreciate your support and well wishes.

Thanks

Dave.

My question is, am i entilted to a refund? and how much hassle is it going to be to get one?

bearing in mind i will get £625 refund, but if i had it fixed and sold it privcately i`m only looking at £500.

Thanks for the help guys

[Norman Verona]

The sale of goods act doesn't seem to work very well if you accept that the retailer cab repair it. I suspect that you will not get a refund now as 1) it's been in your posecession too long 2) you've returned it for repair more than once (I assume from the post), 3) They've rejected your demand for a refund for a valid reason. (You'll have a job proving it never left your custody)

Try Trading Standards. But do you have documentry proof of all the problems?

Why not ask if they will buy it back for a reasonable sum seeing as you've had lots of problems with it.

[BigDaveUK]

Thanks for the help,

Ah ok so it leaving my custody is a valid reason not to pay out a refund? never knew that!

No i dont have any proof of the problems, i`ve just taken it back and got it fixed.

recieved this today...

please make sure the gun is in a box with a clear address label with our details on it.Pease make sure the box is packed properly to protect the contents.

Out of curiosity was the gun in working order when you sold it to S**** P*****?

I will try and get it picked up Tuesday.

Out of curiosity..... sounds like them trying to get an admission of guilt out of me??  or a trick question somehow??

as for asking them to buy it back, they are national distributor for this brand, and have a plentiful supply so doubt they will want to sell mine on when they could sell someone a new one for the full £725 rrp!

[Norman Verona]

Dave, The law doesn't specifically state that but it's just a one of many reasons for them to deny a refund. They are not saying they revoke the warranty as they appear to be prepared to repair it FOC.

The main point about the Sale of Goods act is that you should reject the goods as unfit for purpose straight way. Once you accept that they repair the goods you almost waive your right to reject.

I'd still complain about the product and seek a "buy back" as a remedy. Can't hurt.

[bhouse]

When did you actually buy the marker?

[bjnsharp]

I would have thought that the fact they have had the marker so many times for repairs would would give you some grounds. As far as I know they can either offer to repair or refund at their discretion after 14 days. But if they have attempted to repair several times and failed then they you can't just keep returning it. I would ring up and make a big fuss.