On Friday, February 1, 2013 4:25:30 PM UTC, Rick Hughes wrote:
On 28/01/2013 17:39, Rick Hughes wrote:

On 27/01/2013 19:20, Onetap wrote:

On Friday, January 25, 2013 10:13:20 PM UTC, Rick Hughes wrote:



I did try this, they just replied they met their legal obligations by



issuing a credit note with T&Cs printed on it.



Aye; but the T&Cs have to be made known to you before you agree to

the contract/accepting a credit note. Handing you the T&Cs on the

credit note is a fail; the contract has already been made.



Did they tell you of the T&Cs before? If not, then they don't

apply. Amateurs.





I have now sent another mail to them mail to them ....



The gist of which is:

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"In any event as the goods were not fit for purpose (the reason for

return) then under the sale of goods 1979 - I can insist on a refund

(I would accept a Credit note you would honour)





If I do not receive satisfactory result from yourself I will sue through

the Small Claims Court and that this will entail you having to pay court

costs on top of the money you will have to refund to you.





It is clear case in Law that your representative (Store Manager) should

have clearly explained the time limit, not wait for me to find out when

I present it.



A contract was formed when I agreed to accept a credit note.

You didn't tell you about the terms and conditions before I agreed to

take the credit note, therefore the conditions do not apply.



It is clear case in Law that you cannot impose conditions after the

agreement/ contract/bargain has been made.

Your comment that the expiry date is printed on the credit note is

invalid in Law; I could not have read that until I had received it,

which is after you had entered into the contract.





I trust that you will find it simpler and good customer service to

honour the credit note or issue a refund.

Plus keep me as a long standing customer. "



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... lets see what they come back with













It got nowhere .. reply form them that their policy is a time limited

Credit Note, which cannot be re-issued and "was signed by me" at time of

issue"



So they have my money & goods .... SO BE WARNED ABOUT MACHINE MART

You didn't mention that you'd signed something.
It is still an unfair contract term which they've managed to impose by stealth. They did not inform you of the T&Cs before you agreed to accept the credit not and they are not allowed to impose penalties for a breach of the T&Cs, they are not a court.

I'd still sue them, but then I'd have taken note of what I was signing and I would not have accepted a credit not in exchange for defective goods in the first instance.