Credit note (can this be right) Update

Messages
1,936
Name
Neil
Edit My Images
Yes
A few months ago I bought some camping gear, part of the purchase was a camping stove that the salesman said ran off Butane, as I only had a Propane regulator at the time he offered me a Butane one for £4.99 which I bought. When I got the stove home and opened the box the instruction manual stated it could run off either fuel with a corresponding regulator. As I already had a Propane regulator, the next time I went to the store I took the Butane one back and explained what the salesman had said and asked for a refund. They said that as there was nothing wrong with regulator they could give me a refund but only in the form of a credit note. I took that thinking I will use it against other things that I'm sure I would need in the future. I have just dug it out now to use at the weekend and notice it has a time limit on it. Now it's NOT the money that bothers me (I'm not stuck for a fiver) it's the fact that they have now got my money and the goods back for something I was technically mis-sold. Can this be right?

_DSC4325.jpg
 
Unless there's a fault with the regulator, they're perfectly entitled to give store credit instead of a refund.
 
Just get them named and shamed over as much media as possible. It may well be they are in the right (I don't know) but i'd blacken their name wide and far.
It's unfair to you the customer.
 
Unless there's a fault with the regulator, they're perfectly entitled to give store credit instead of a refund.
Maybe so, but given the incorrect advice received, and the low value, any decent company would have offered a refund.
 
Maybe so, but given the incorrect advice received, and the low value, any decent company would have offered a refund.

Oh I agree, but it's discressionary, and they're actually doing nothing intrinsically "wrong".
 
I'd say they have. They've provided "wrong" advice, and ultimately poor service.

Well good for you, but they're still within their rights. :)
 
Maybe so, but given the incorrect advice received, and the low value, any decent company would have offered a refund.
They still might if the op goes back to the store and explains the situation reasonably at the least they may extend the credit note expiry. Some stores may have discretion to bend their own rules in the name of customer service. Wouldn't go in all guns blazing off the bat though, that's likely to get everyone back up.

Or try their social media pages. Often companies will be more open to helping out after a review of poor service viewable to the world.
 
Like I said, name and shame the capitalist scum....(only trolling..lol)
 
It's the time limit they have laid down that get's my goat! I'm fine with the actual credit note system.

If it were something like 28 days I might understand, but not six months.
 
They still might if the op goes back to the store and explains the situation reasonably at the least they may extend the credit note expiry. Some stores may have discretion to bend their own rules in the name of customer service. Wouldn't go in all guns blazing off the bat though, that's likely to get everyone back up.

Or try their social media pages. Often companies will be more open to helping out after a review of poor service viewable to the world.

It's the time limit they have laid down that get's my goat! I'm fine with the actual credit note system.

Do what @neil_g has suggested. Nothing to lose. Tell them you didn't realise the credit note was only valid for 3 months, and that you weren't told this at the time and just put it in your wallet, not thinking you'd need to read it.
 
Last edited:
  • Like
Reactions: Nod
im not sure they are actually allowed to put a time limit on it, from a statuatory rights point of view. I'm no expert, but money is money. i used to fall foul of this with those gift cards you get at christmas. I have argued and won every time with the shops. Basically, the gift card (which is what this effectively is) is cash. Cash does not expire or become worthless, so therefore they have no right to keep it without providing goods or services to the value.

Id keep hold of it, and at the very least if you cant be bothered to go back to the shop, try and find someone high enough up the customer service chain to fire an email to. Its tantamount to theft if they just keep the money because they say they can.

Let us know how you get on.
 
Do what @neil_g has suggested. Nothing to lose. Tell them you didn't realise the credit note was only valid for 3 months, and that you weren't told this at the time and just put it in your wallet, not thinking you'd need to read it.


This. If they refuse at the store, ask for their company's customer relations team email address and escalate. Use social media as a last step if necessary - and to praise them if they do things right (by reissuing a credit note for you.)
 
You do seem to be screwed anyway as it's out of date, unless you can persuade the company to extend it (many will do that happily).

I agree with others here btw, in your situation I'd have refused a credit note and taken it further in needed, even for a fiver it's worth standing up for your rights.
 
Last edited:
I do not think this is ethical, but it is perfectly legal. And has been supported in the courts,

Once you accept a credit note you accept the conditions that go with it.
In many cases you can insist on a cash refund, but it depends on the circumstances of why a credit note was offered.
 
Last edited:
So the fact is was technically missold based on incorrect advice has no bearing on the companies legal obligations or the op's statutory rights?

I don't think it was 'technically misold'. The salesman gave the wrong advice, by failing to point out that the stove can run on butane or propane. As a result, the OP bought an adapter he didn't need.
 
I don't think it was 'technically misold'. The salesman gave the wrong advice, by failing to point out that the stove can run on butane or propane. As a result, the OP bought an adapter he didn't need.

I understand how difficult it is to comment when you where not present at the time but the salesman didn't "fail to point out that it ran on both fuels" he said "it only ran off Butane", quite a difference.
 
This is a link about misrepresentation which I think pretty much covers your situation, Neil. I assume the salesman gave you the information completely innocently and therefore it appears cancelling the contract would have been the way forward - http://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967

The following is from Winfields website -

Returning UNWANTED item(s)

If you change for mind about an item(s) and would like to return the item(s) back to us, simply let us know within 14 days from the date you have received the item(s) using our contact form or calling 0845 688 3667. All unwanted item(s) must be returned in a new and unused condition and still with the original packaging.


Once you have let us know, send it back to us within 14 days (buyer pays return postage/delivery charge). As soon as we receive the item(s) back we will refund your items(s) and the standard delivery charge (provided the complete order is returned), if only part of the order is returned and some of the item(s) are kept we will just refund the returned item(s) and not the delivery charge. When a delivery charge has been incurred we will only refund the standard delivery charge, even if you originally selected a more expensive service when you first placed your order. Please note a refund can take up to 14 days from the date of receiving your item(s) back.


You are responsible for sending unwanted items back to us, we recommend that the item(s) are packed well and you use a service that can be tracked or recorded and which offers you the relevant insurance against damage or loss. The Post Office can generally help you with this. If you would prefer we can arrange to collect the item(s) from you for £10.00 (1 box up to 30 kg, additional boxes charged at £4.00 each). If you need to send anything back over 30 kg we would need to quote you a price to see if we are able to assist you with this. Please call us on 0845 688 3667 or use our contact form to arrange a collection from you. We will be able to deduct this from your entitled refund.


As this is from their website it isn't necessarily applicable to items purchased in one of their shops but it would appear sensible to have the same policy. It seems odd that they are willing to refund the money for items which are simply unwanted but used a credit note for an item which had it not been for bad advice you would never have bought.


However, you have accepted the credit note and I think (and I stress this is only opinion) you are therefore bound by its conditions.

On the other hand the only reason you have the credit note is because you received incorrect advice from the seller and the goods were misrepresented.

I would have gone back to the company before Facebook. I hope someone in the company sees given the circumstances that, at the very least, accepting the credit note now would be the best way forward. Better still would be a refund.

Dave
 
the next time I went to the store I took the Butane one back and explained what the salesman had said and asked for a refund. They said that as there was nothing wrong with regulator they could give me a refund but only in the form of a credit note.

How long after the purchase did you return with it ?

This maybe why they offered you a credit note rather than cash refund...
 
The product wasn't faulty but the salesman certainly was and I would say you have a very good case.

But is it really worth going back to the store for a fiver? Hit social media and have some fun whilst you're at it.
 
This is a link about misrepresentation which I think pretty much covers your situation, Neil. I assume the salesman gave you the information completely innocently and therefore it appears cancelling the contract would have been the way forward - http://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967

The following is from Winfields website -

Returning UNWANTED item(s)

If you change for mind about an item(s) and would like to return the item(s) back to us, simply let us know within 14 days from the date you have received the item(s) using our contact form or calling 0845 688 3667. All unwanted item(s) must be returned in a new and unused condition and still with the original packaging.



As this is from their website it isn't necessarily applicable to items purchased in one of their shops but it would appear sensible to have the same policy. It seems odd that they are willing to refund the money for items which are simply unwanted but used a credit note for an item which had it not been for bad advice you would never have bought.

Dave

Many shops offer differing return policies for online and instore, mainly because you have a right of return for online purchases that does not exist for instore purchases.

All the talk of misrepresentation will probably go nowhere, mainly due to the lack of proof that would be required to take it further. OP says the salesman said it, the salesman denies it, what do you do then?
 
So the fact is was technically missold based on incorrect advice has no bearing on the companies legal obligations or the op's statutory rights?

You do seem to be screwed anyway as it's out of date, unless you can persuade the company to extend it (many will do that happily).

I agree with others here btw, in your situation I'd have refused a credit note and taken it further in needed, even for a fiver it's worth standing up for your rights.

IMO these sum it up in the way the shop treat what should have been a simple bit of customer service I.e. they made an error of advice/representation they acknowledged that by allowing a refund but instead of courteously giving the OP a fiver back they leveraged a £5 sale into shifting (or not as the case may be) keeping the money in the till.

As commented by others I would have stood my ground at the time and insisted on the money back. If you want to pursue it, I would make a case that on the grounds above they should consider "did they serve you well by only offering the credit note.....especially on such a short time limit"


Oh FWIW, I had an issue with a delayed delivery on an item from a well known high street store. The online CSC rep said they would send me a gift card as goodwill gesture. I asked her to confirm it would not be limited to a few months (I had been caught by that in another similar situation a couple/few years before and never spent the 'money') and it came with a one year limit, which was great and useful/usable. By the way the value of the card the sent @ £10 was approx 2/3 of the cost of the item. So some stores do 'do the right thing' when it comes to customer service
 
Have you been in contact with the shop to see what their response is or have you just gone bleating to social media and forums?
 
Many shops offer differing return policies for online and instore, mainly because you have a right of return for online purchases that does not exist for instore purchases.

All the talk of misrepresentation will probably go nowhere, mainly due to the lack of proof that would be required to take it further. OP says the salesman said it, the salesman denies it, what do you do then?

I agree, Dave. It will be very difficult to prove anything now.

Dave
 
Back
Top