Buyer claims faulty - Requested return of goods before refund
AnsweredBuyer has made no contact since trade 2 weeks ago, and has now disputed bank tranfer and had my bank accounts frozen. Buyer now claiming faulty goods, happy to refund payment and have product returned, but cant as accounts frozen! Unsure as to what my next step is....
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S Community Superuser
Kia Ora Heather,
Sorry to read of your situation,
It's highly unlikely a Bank would suspend an account due to a Trade which has gone wrong due to Faulty goods. - If you haven't been notified by your Bank the reason for a Freeze of your account your first step is to contact your Bank to request an unfreeze & obtain whatever information/Action they expect from you coming forward - Accounts can be unfrozen pretty quickly where an error has been made or there is a minor issue & you comply with whatever they require from you - The quicker you make contact with your Bank to sort this the better. - All the Best!
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Callum Community Superuser
This seems very strange Heather. Like S says I really doubt someone can simply "get your bank accounts frozen." Unless there are some serious allegations of fraud or significant values involved.I'm intrigued though, do make sure you come back and update us after you have been in contact with your bank.
PS: Don't forget that you are entitled (legally so) to get the item back BEFORE you refund the buyer. You can of course choose to not get it returned and just refund them if they have provided a photo or other info that you are happy with.
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Unless its low value, Ive always asked for the item to be returned first before refunded. Sometimes people refuse, sometimes they insist on the refund first, sometimes they stop communicating, and sometimes they return. I didnt realise it was a legal entitlement Callum, do you know the applicable law?
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Callum Community Superuser
Hello AJ. Yes, apart from just being common sense, it will be covered in the Consumer Guarantees Act. I think this is the correct section below. There can be some exceptions of course, mainly around size of items. But other reasons can be an item that has became dangerous due to freight damage. You wouldn't be expected to return a Dangerous Goods item that had leaked or similar. I once purchased an item that turned out to be counterfeit. On advice I wasn't allowed to return that to the supplier either. Instead it had to be forfeited to the IP rights holder and sent to them for disposal.
22 Manner of rejecting goods
(1)
The consumer shall exercise the right to reject goods under this Act by notifying the supplier of the decision to reject the goods and of the ground or grounds for rejection.
(2)
Where the consumer exercises the right to reject goods, the consumer shall return the rejected goods to the supplier—
(a)
unless,—
(i)
because of the nature of the failure to comply with the guarantee in respect of which the consumer has the right to reject the goods; or
(ii)
because of the size or height or method of attachment,—
the goods cannot be returned or removed or transported without significant cost to the consumer, in which case the supplier shall collect the goods at the expense of the supplier; or
(b)
unless the goods have already been returned to, or retrieved by, the supplier.
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Thanks for the info Callum. I will save that for future use. Very informative
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