warning - Machine Mart

[Rick Hughes]

I bought an item from Machine Mart (magnifier & Fl light) it was useless, quality of magnifier lens was so poor everything was out of focus.

Took it back the next day ... as I had 'opened the box' would only give Credit Note.

Next time I went to buy took Credit note to pay (>£50 credit) ... to be told credit note expired. In the very small print there was a date limit ... certainly not mentioned by the shop at the time.

I took it to customer services - who also said 'No' ...........OK I asked could I have the original item back then, at least I could sell it .......... to be told 'No'

Fells like I have been robbed ... they have my money I have no goods.

So be warned if they offer you a credit note.

[John Rumm]

Write to them asking for a suitable remedy, or explain you will submit a small claims action!

[Grimly Curmudgeon]

That's where you went wrong, by accepting that. Foot down firmly and refuse anything but a refund.

[Eric]

have just purchased goods which are defective. The trader will only offer me a credit note. Is he right?

No. If you have acted quickly enough, you are entitled to reject the goods and get a refund. If you have not acted quickly enough, you are entitled to a repair, a replacement or a full or partial refund, (see our leaflet 'Buying goods - your rights'). You do not have to accept a credit note.

[ARW]

+1

[usenet2012]

Not fit for purpose. You could only discover that by opening the box & trying it.

+1

[Wesley]

+1 Cases like this are covered by the Sale of Goods Act . Goods are not 'fit for purpose' you are entitled to a refund or replascement. You do NOT have to accept a credit note.

I suggest that you advise the store that you are going to sue them through the Small Claims Court and that this will entail them having to pay court costs on top of the money the will have to refund to you. As the original goods were not fit for purpose, they have not got a leg to stand on. They will also have a judgement recorded against the business. It would therefore be more sensible for them to just refund your money.

[polygonum]

Not sure what the state of play is once the customer has accepted a credit note?

[Wesley]

Surely they cannot be allowed to put a time limit on Credit Notes? If that was the case then a great deal of dodgy companies would be doing the same thing and this would make the SOGA irrelevant.

To the original poster - try Googling 'Machine Mart complaints' rather enlightening ;-)

[polygonum]

If they do not put a time limit, then they do potentially have some accounting issues - handling a possibly significant number of un-tendered credit notes which they have handed out over (potentially) many years.

"Credit Notes

If you return faulty goods, you do not have to accept a credit note.

However there are many situations where a shop will issue a credit note as a goodwill gesture ? for instance if you change your mind about a purchase.

If a shop offers you a credit note out of goodwill then it can put restrictions on its use. It could put a time limit on when it must be used - perhaps as long as 12 months or as short as one month. It could also say that the credit note cannot be used in a sale. You should be told of these restrictions when you are given the credit note and not later when you try to use it. It is best if these terms are written on the credit note at the time."

[Lobster]

I *think* unfortunately they're probably within their rights to expire a credit note (notwithstanding that they should have originally given a refund instead), and that if they choose not to back down the OP could lose a lot more money through a failed court hearing.

I think this one of those cases where a polite letter to the boss explaining the circs might be more likely to yield the desired result.

Might be worth posting this to uk.legal.moderated though?

[Eric]

Read the link - once a credit note has been accepted, there's not much that can be done to get the money and yes, they can put a time limit on the use of the credit note.

[Brian Gaff]

I don't think what they have done is actually legal. If the goods are not right you should at least get goods to the original value. I suspect as trading conditions harden we will find a lot more sharp practice if they can get away with it.

Brian

[Apellation Controlee]

I daresay branch managers have a certain amount of discretion, and of course will have their own (mis)understanding of company rules.

When I had a similar experience at MM with a product that turned out to be unsuitable I was given a refund without a moment's hesitation. Couldn't have been more obliging.

[John Rumm]

The money claim online service is a fixed fee (£30 IIRC)...

Yes indeed... I think that is what I was suggesting ;-)

[John Rumm]

If there are limitations on the note, then they need to explain them at the time of issue. It sounds like they did not in this case.

[Mathew Newton]

That's to cover the pre-court adminstration fee. The courts can still award= damages against the claimant to cover the defendants costs.

The claims process does however try and get both parties to do a few rounds= of negotiation first such that court is the last resort and I would be ver= y surprised if it were to ever get that far given the likely sums of money = involved.

Mathew

[rick.hughes6]

I did write to customer services ... pointing out I did not know it was time limited and shop had not made that clear. they said it was printed on note so that was that. I asked if they would extend date for a week and I would use it straight away - refused. I went to shop manager - not interested, system would not allow him to accept the expired note.

I wrote again to customer service - asking them to reconsider as I had been a customer for many years - not interested.

Finally I asked for my goods back then ....as I had paid for them - refused.

Their comment was I had accepted the note, and therefore the t&c's that go with them.

So if you get a Credit Note at Machine Mart - be aware.

[Apellation Controlee]

limited and shop had not made that clear.

the expired note.

customer for many years - not interested.

Press relations contacts are at the bottom of this page:

a carefully worded conversation would result in either Hayley or Simon advising Macine Mart that a goodwill gesture would be an excellent idea.

I'm sure someone like Dom Littlewood would be pleased to have material for a broadcast feature about credit notes.

[Onetap]

IMHO, IANAL,etc., A contract was formed when you agreed to accept a credit note. If they didn't tell you about the terms and conditions before you agreed t= o take the credit note, they do not apply. You cannot impose conditions after the agreement/ contract/bargain has been= made. They will argue that the expiry date is printed on the credit note; you co= uld not have read that until you received it, after they had entered into t= he contract. If they had told you of the expiry date, you'd probably have refused a cre= dit note or used it before the date. =20 Besides that, IMHO it is a penalty that is not allowed under civil contract= law. You hand over =A310 and expect goods or services to the value of =A310 in = return. All trade is thus.

You could have demanded a refund; Bank of England credit notes/gift vouch= ers don't expire.

A lot of shops do this with the plastic gift vouchers, 2 years or you for= feit the value. I think it's a sharp practice. Why would anyone buy such vouchers?

It sounds like machine Mart have trained their staff in dodgy practices.