Toys R Us

  ajm 16:58 04 Apr 2009

Around august 2008 my wife made a purchase of a stroller £199.99 from Toys R US and paid by her Asda Credit card. Around the 1st week o February 2009 ( approx 5.5 months after original purchase), she noticed that the mechanism where you apply pressur for the the brake had broken off and immediately she stopped using the stroller and also advised the credit card company about this. Toys R Us told us to take to the nearest branch
We took it to the nearest branch where the brnach manager ( after a lot of arguments )agreed to replace it as they said it was manufacturers defect and also under 6 months old. However As it wasnt stocked in their branch, I was advise to go to another branch for exchange.I told them to give me a credit note which they refused but the manager spoke to the other store's manager to allow the exchange.
When we went to the other branch the, exhange was refused, despite them being told about it.
They gave me excuses dabout having it tested, etc. I have told them that I am rejecting the goods as they are not fit for purposed. They said that they would have to send it away to the manufacturer for testing. I told them that we are
not happy and will dispute it further.
The credit card company has refused to help as they say that the dispute is with the retailer as they are still in business. They have not heeded my concerns of " ..Section 75 of the Consumer Credit Act 1974 and joint responsibility..."
Toys R Us phoned us a couple of weeks ago saying that the manufacture says that it is accidentally damaged and that a £45.00 charge will apply.
Please advise our rights in law as we feel that we have been treated wrongly and also now need a refund (if possible )as we have obtained another stroller.

  kindly 17:43 04 Apr 2009

I understand the situation you are in. I agree that the company (toys-r-us) are not playing ball. You have the right to return the product within the six months and not have to prove a fault is there. It is classed as an inherant fault. The supplier can have it checked out if he wants to, also if he thinks that it is broken by the buyer. Check out this website click here you will find it interesting.

  beeuuem 01:43 05 Apr 2009

Unfortunately credit card companies will often, incorrectly, deny liability. You are quite correct that that if the supplier will not remedy the situation the CC is liable. Look at click here and click here
It is always best to write to the credit card company, preferably using Special Delivery, as they are then obliged to supply a written reply The reply will give a reason for denying your claim. If the reason offered is not valid, which seems probable from your description, this can be identified to them and, if need be, the Finacial Ombudman.
Don't give up!

  beeuuem 01:43 05 Apr 2009

The typos are due to the time!

  Forum Editor 14:33 05 Apr 2009

I urge you to apply further pressure, both on Toys R Us, and the card provider.

Under current consumer legislation the retailer is liable for faults which manifest themselves within six months of the date of purchase, and whilst Toys R Us may well wish to return the stroller to the makers for inspection you don't have to wait while they do so. Your contract was with Toys R Us, not the makers.

Your card provider can say what it likes about the retailer still being in business, but it means nothing as far as you're concerned. Whatever is tries to say, the card company is jointly liable to you in this respect, as has already been pointed out. Card providers often don't like chargebacks in these situations, but they must do so under the terms of the Consumer Credit Act.

if you have trouble with the supplier and/or the card company I suggest you contact your local Trading Standards Office.

  oresome 21:02 06 Apr 2009

Under the Sale and Supply of Goods to Consumers Regulations 2002, any fault that arises during the first 6 months will be presumed to have existed at the time of delivery. It is therefore up to the retailer to prove otherwise.

The retailer has sought technical opinion from the manufacturer who states that in their opinion the damage was not due to a manufacturing defect, but accidental damage.

Does this constitute proof?

  tullie 21:29 06 Apr 2009

So what they are saying is,is that it was damaged by the customer,and not a defect.

  ajm 21:53 06 Apr 2009

Just an update. Toys r us phoned again stating that they are waiting for us to pay for the repair. We reuested them to send the report - they wanted £20.00 to send the report.

tullie - technicallty this is what they are saying.

My argument was that the the machanism at the foot of the baby stroller ( a pedal ) was defective as it got broken. Pressure is needed be applied on it downwards to get the stroller to open and "lock" into place

We have had another cheaper stroller that was used for over 3 yeards and didnt have the problem.

I have emailed consumer direct, but yet to have a response.

Is there a letter template that can be written to both the credit card company and Toys R U to "inform them about the law"

Ideally we woud be happy with a partial refund, if not full as having a second stroller will be surplus to our needs

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