New Samsung TV - Failed Pixel On Delivery

[BigBird]

even if they think that the goods have been damaged/mistreated/used by the buyer, they still have to refund the money but they can then take the buyer to court for failing in their duty of care of the goods.

If I was the retailer and a buyer thought he could get away with mistreating or damaging goods and still expect a refund I would let him take me to court. If I was to give the refund and take him to court I doubt I would recover any money even if I won the case. There is very little chance of recovering the cost from the sort of person who doesn't give a fuck about anyone but himself and will not take responsibility for any damage he has caused. It's those type of people that ruin society and destroy the trust that should ideally be present between retailer and buyer. (">

[blacksheep]

If I was the retailer and a buyer thought he could get away with mistreating or damaging goods and still expect a refund I would let him take me to court. If I was to give the refund and take him to court I doubt I would recover any money even if I won the case. There is very little chance of recovering the cost from the sort of person who doesn't give a fuck about anyone but himself and will not take responsibility for any damage he has caused. It's those type of people that ruin society and destroy the trust that should ideally be present between retailer and buyer. (">

Thats what bailiffs and attachment of earnings are for.

[BigBird]

Thats what bailiffs and attachment of earnings are for.

You are assuming they have a job and have something of value that the courts can grab that is worth selling. Seen a few instances where its a lost cause. My mates garage business lost £700 to one guy and when the courts went after him everything was in his sisters name. Found out afterwards that he has done the same to many other businesses. (">

[blacksheep]

Yeah sometimes it's a lost cause but once you've got a ccj on them then there's no 6 year statute of limitations (as far as I'm aware). So potentially at some point somewhere down the line you may be able to claim - if they can afford the tv in the first place then chances are they do have some money and really don't want a ccj.

[Mr.James]

If I was the retailer and a buyer thought he could get away with mistreating or damaging goods and still expect a refund I would let him take me to court. If I was to give the refund and take him to court I doubt I would recover any money even if I won the case. There is very little chance of recovering the cost from the sort of person who doesn't give a fuck about anyone but himself and will not take responsibility for any damage he has caused. It's those type of people that ruin society and destroy the trust that should ideally be present between retailer and buyer. (">

The problem with that is that is that the buyer has an unconditional right to a refund. The buyer HAS to refund the money, even if the goods are smashed to smithereens, because the goods could have been damaged during the returns process. If the buyer took you to court the state of the goods being returned are irrelevant. If you argued that the goods were smashed/mistreated you would have no case and the buyer would be awarded the refund and costs.

If you believe that the buyer has failed in their duty of care, maybe they'd not packed it properly when it was returned, then you must take them to court and prove it... Which takes you down the route which you have outlined already, bailiffs, ccjs etc and a lot of businesses just won't take the risk.

But that's not what we're talking about here. We're talking about someone unboxing a product, taking perfect care of it and using it for 7 days before returning it... The first question is how does a seller even know if a product has been 'used for 7 days' vs 'tested'. It's simply impossible to know in virtually all but a few cases.

But to top it all off, the court needs you to prove the buyer has 'failed in their duty of care', which if a product has been returned in near perfect condition, is going to be impossible... I.e they've taken perfect care of it.


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