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Money back? Advice please?


CaptC
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Last November I  bought a new shotgun from, as yet an unnamed gun shop in Lincolnshire. Within 6 weeks or so the top lever "stuck" well over to the right (not as expected with a new gun) Contacted the dealer and told him I was not pleased but I could live with the problem as I only had a few more days shooting - We agreed I would send the gun back under warranty at the end of January. 

During the last weeks shooting I noticed that the forend had developed a crack on either side of the forend iron. The gun had been used in some very wet weather but always dried away from any heat source. Again contacted the dealer but this time I asked for my money back which I think is my right under the present Consumer Act? The dealer said he would send the gun back to Anglo Italian Arms under the warranty but my limited knowledge of the consumer Act tells me that as the retailer he is responsible.

I have emailed, written a formal letter and phoned but had no response except "We will sort something out" - What dear PW's do I do next? Is it gloves off time?

Edited by CaptC
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I thinkyouwillfind that the dealer is going down the right path by sending it back for appraisal from the importer . What happens next is what will count . The importer should inform the dealer whether or not the gun can be repaired under warranty or replaced with another gun ,or your money refunded . I think that you will have to wait for a reply from the dealer before you start pulling arms off .

harnser

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23 minutes ago, Harnser said:

I thinkyouwillfind that the dealer is going down the right path by sending it back for appraisal from the importer . What happens next is what will count . The importer should inform the dealer whether or not the gun can be repaired under warranty or replaced with another gun ,or your money refunded . I think that you will have to wait for a reply from the dealer before you start pulling arms off .

harnser

I concur with your comment but how long do I have to wait?

16 minutes ago, TIGHTCHOKE said:

In your position I don't think I would want the same gun repaired or a new one. I would have lost faith and want my money back in full.

What make and model was it?

If it is a CG contact Kevin Gill and tell him of your dissatisfaction.

It was a Fabarm Elos de Luxe - well engineered gun - Mine might have been a "rogue" can happen with any product. I have certainly lost faith and told him so and asked for a refund plus my costs (RFD transfer)

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If your item is defective / not fit for purpose, you are entitled to a replacement, repair, or refund, which is at your choice.

The difficult bit is agreeing the defect. Your supplier is entitled to examine the gun, and at this point you have no gun, no cash and no agreement, and could face long delays. It would be a good idea to have high resolution photographs / video footage of the problems before you part company with it.

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9 minutes ago, inthedark said:

If your item is defective / not fit for purpose, you are entitled to a replacement, repair, or refund, which is at your choice.

The difficult bit is agreeing the defect. Your supplier is entitled to examine the gun, and at this point you have no gun, no cash and no agreement, and could face long delays. It would be a good idea to have high resolution photographs / video footage of the problems before you part company with it.

I have photographed the cracks but the gun has been returned as they asked for it "urgently" - it took them three days (after I refused to pay the carriage) to pick the gun up.

Indeed, no gun, no cash and no agreement = "Wait and see?"

Thanks

CaptC

 

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1 hour ago, CaptC said:

Thank you again - All emails logged as well as calls and the letter copied.

It may turn out for the good! If not, I will name the dealer!

 

1 hour ago, CaptC said:

Thank you again - All emails logged as well as calls and the letter copied.

It may turn out for the good! If not, I will name the dealer!

Please keep us informed would like to know the out come .

harnser

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8 hours ago, Harnser said:

 

Please keep us informed would like to know the out come .

harnser

Most certainly will do so! I'm of the opinion now that it will get "nasty" but hey ho - it might not!

7 hours ago, steve_b_wales said:

Regarding credit cards, if I buy a high value item, I make a small part payment using my credit card. The amount is paid off the card straight away, but I then have the credit card company on my side, should anything go wrong.

I hope you get it sorted to your satisfaction soon.

Thank you. Not had a credit card for many years. Prefer cash or for a distant purchase a debit card - which of course has gone nits up!

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1 hour ago, CaptC said:

Most certainly will do so! I'm of the opinion now that it will get "nasty" but hey ho - it might not!

Thank you. Not had a credit card for many years. Prefer cash or for a distant purchase a debit card - which of course has gone nits up!

My credit card is only used for occasions like this.

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just shows the difference between rfds,i returned a gun befor xmas,bought in september new,while out on pigeons gun started to fire botom barrel when gun was closed,foned rfd,bring it in straight away,fone call to supplier while i was there,courier coming for it monday,no problems now have it back and in safe use.

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Don't forget that with a Debit card you can use Charge Back https://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback I used this a few years ago when I purchased some furniture for my living room that never appeared! But of course you also have, as others have said, protection under The Consumer Rights Act https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

David

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30 minutes ago, David BASC said:

Don't forget that with a Debit card you can use Charge Back https://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback I used this a few years ago when I purchased some furniture for my living room that never appeared! But of course you also have, as others have said, protection under The Consumer Rights Act https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

David

Update - Phoned the dealer this morning as my friend, the RFD at this end phoned me to say that the gun was still in his possession after 10 days!! Dealer says that he has contacted the importer and had no reply (possibly now due to the Shooting Show?) Refuses to refund until the importer speaks to him. He has promised to copy all emails to me(?)

I phoned Trading Standards and logged the fiasco with them.

Tuesday or Wednesday at the latest for a showdown as time marches swiftly on and I'm well out of pocket!

Thanks re the chargeback! Will have a look

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Always difficult getting a refund unless it's directly from the dealer (usually used guns are easier) as he will want to make sure he gets the refund from his supplier. As has been said they have the right to inspect any claimed faults. 

It gets complicated when it's guns because the sending isn't as straight forward as with other items, indeed the testing can also be more complex. It's not just bench tested like electronics for example.

As for the crack I wouldn't make too many comments about the gun having been used in "some very wet weather" as they may well claim misuse/miss treatment. I'm sure that some of my suppliers would throw that back as their first response if given the info.

Be as patient as you can with the dealer as he is likely to be stuck in the middle, I know that I have been.

 

Hope it gets sorted satisfactorily.

 

Edd

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Yes, Fabarm/CG are at the shooting show. In my own experience they have been above par, going well beyond the book our two CGs, so they are good guys -- however I know they have a rulebook from the manufacturer, there are things then can, and can't, do...

I'm going back the the show tomorrow. I might mention this story to one of the director for the importer; in my experience he's been more than fair before. 

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