My wife yesterday took back to a clothes shop an item that was bought by our daughter a couple of days previous that was unfit for use. It was broken and had not been worn.
Under the act, she is entitled to her money back without question and although she had a receipt, this is not essential under the Act in this case.
The manager didn't want to refund until she filled out a form, giving her name, address and signature. My wife refused and there was an argument where the manager said she would not issue a refund until she filled out a form with her details. My wife stood her ground, and as the queue of peiople was gradually getting longer, it resulted in her getting back her money eventually.
It appears that whenever an item is returned to a store for a refund the store requires certain information before they hand over the cash. I have read the SOGA and nowhere does it mention that the shop must have your details before they refund.
She told the manager that her details were not required when she bought the item so why should she hand over details about herself for a refund, with receipt as proof of purchase.
Can any legal eagles here confirm whether the shop is within their rights to demand personal information for a refund or is my wife within her rights to refuse?
|
i think its a reasonable request to have name and saddress details of refund customers (i ask that these details are not passed on to 3rd parties) thing is how does the store know your wife isnt an habitual thief who makes her living stealing breaking and returning articles for a full time occupation living? it does go on quite frequently and it went on 30 years ago when i was working in a shop
(no offence to your wife by the way im just saying see the BIGGER picture)
:-)
|
|
I see your point. But all that is required under the SOGA is a receipt. No ID etc. All that is needed is a proof of purchase. So thats the law. They appear to be instigating their own rules.
|
soga (saga) is annoying though isnt it
i posted a friend purchased an £11,000 second hand car and 7 weeks in it needed a new cam senser,main dealer turned round and said car only came with 1 month warrantyand so warranty out no cover
trading standards backed the garage up saying car was second hand and i month is more than commensurate with price age etc (3 years plus a few months old)
|
This happens frequently. I buy quite a lot from a national DIY chain and occasionally return goods that are faulty, or surplus to requirements. It seems to me that they are taking a reasonable precaution, and one that I'm happy enough to go along with.
Last edited by: Clk Sec on Sat 7 Aug 10 at 13:25
|
|
You're probably legally correct but surely life's too short for such trivial arguments. The shop was willing to give your wife her money back. Is giving a name and address such a huge problem? What do you think they will do with it - send a hit squad round. Time for a sense of proportion.
|
nowhere in the sale of goods act does it say they cant ask for name and address. Its a reasonable request being used to combat fruad and crime.
DOnt you just love when people in front of you hold a queue to ransom just to make some petty point? did your wife not think of those she was holding up?
Last edited by: Zero on Sat 7 Aug 10 at 13:30
|
"nowhere in the sale of goods act does it say they cant ask for name and address. Its a reasonable request being used to combat fruad and crime."
THen they are making the rules up as they go along. How will signing the form with Micky Mouse, No.1 the Street, with an X combat fraud.
|
I thought that when I handed over my debit card at a petrol station and someone in India used my account to the tune of £300.
Handing over a name address and signature can be passed on. Do you personally know every shop assistant you come in contact with. It might be trivial, but it is whether they are entitled to do it legally or not. You haven't answered this.
|
SWMBO would agree with you Capitan F, she never gives her name and address in such circs and never has a problem getting her lolly back, she usually pays by debit card anyway (despite my warnings) so how can there be fraud when they pay the money back.
And don't even think about asking her in a loud voice for date of birth in a crowded waiting room as they do, queens handbag and going for a jimmy spring to mind.
|
Sale of Goods Act - Bellboy
