Help Please? Audio/Visual equipment purchased on finance

robynthebrill

New Member
Dec 21, 2011
2
0
0
Hi guys,

Hoping for some advice regarding a purchase I made recently (sorry this will be a bit longwinded!)...

I purchased a variety of different pieces of DJ equipment (all described as brand new) a fortnight ago from one retail company. I used an external finance provider to pay for it, all arranged through the DJ store (the face price of all the items was about £1,800 and they agreed to give me a discount because of my bulk purchase charging me £1,600). The store couriered the items out to me on Monday which is where my problems began...

1. Two or three of the items sent out to me were obviously "B stock" or used items, for example the packaging was in pieces, there were fingerprints INSIDE the casing of one of the lights, the snow machine had smear marks from having had fluid in it etc. etc.

2. The store had told me on the phone that they were unable to source the speakers I ordered and they would replace them with a similar pair. Upon receipt I looked up the speakers received on the store's website and discovered the replacement pair had a face-price of £60 less than the one's I'd ordered (the ones I ordered originally still appear on the invoice and I had not been offered the price difference)

3. A couple of the items that I'd been charged for were not on the packaging invoice or sent out.

I contacted the store yesterday and spoke to the manager who offered to collect the items that were clearly "used" and replace them at the store's expense. He however, refused to give me a refund for the difference in the speakers "because I'd had a discount" (bear with me, I realise that makes no sense!). He asked for some time to investigate the missing items and I agreed to phone him the following day (today).

After that phonecall I ran the exact figures for the discount I received off my order and sent the store an email with the exact figure I felt that I was entitled to credit for the less expensive speakers, other issues notwithstanding.

I followed up this morning, calling the store to check on the progress of all issues, having read my email (and probably realised that despite being a girl I can do maths god forbid) the manager was very quick to do a 180 telling me there was no problem in giving me the refund which he could do right away. However, he then went on to tell me that I hadn't ordered the items that didn't arrive (this is untrue and again a very strange thing to claim, something I'm beginning to expect from them!) and would of course now have to pay for them all separately if I want them.

My feeling at this point is that I feel really uncomfortable spending this amount of money with a company who are obviously employing backhanded sales tactics and have sent me items not as described (which casts into a poor light whether other items that "appear" new but aren't necessarily sealed are) and I would like to return the whole order and shop elsewhere.

Can you please advise me as to where I stand legally with my right to return the items that are seemingly "as described" and with the company who I have signed a finance agreement with?

Thank you for your help in advance!!

Bobby
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
It depends on the sort of finance agreement you have. If it is a 'Connected Lender Loan' then both the finanace comapny and the retailer are jointly responsible for any difficulties you have.

Any breach of contract means you can make a claim against either or both.

Under the SOGA 1979 you can reject goods outright for a refund if they do match the description, not of satidsfactory quality of not fit for purpose. In order to reject the goods you have to do this within a very short time span or you will be deemd to have accepted them. If this only happened yesterday then you would be able to reject them. If the retailer refiuses contact the finance company and explain the same to them.
 

robynthebrill

New Member
Dec 21, 2011
2
0
0
Thanks for your help! I think I understand the situation with the good that weren't as described, I was more worried about the ones that were okay - do I still have the right to a refund for them too, with the premise that my faith in the company as a whole has been compromised??