Leisureshop Direct sent me a Faulty Thule Awning & Blames Thule and there Supplier and refuse to replace it or repair it! Any Advice Please?

[JonMac]

Leisureshop Direct sent me a Faulty Thule Awning & Blames Thule and there Supplier and refuse to replace it or repair it! Any Advice Please?
This cost me around £800 and I bought the Thule Panorama Tent to add to the awning for £3500 and now I am unable to attache the tent as the awning wouldn't come out of the casing. I inspected on delivery but there was no evident visible damage. Leisureshop Direct stated that I should have inspected further. I couldn't as it is a 4 metre long Thule awning. You can only inspect it once it is mounted on to the side of your motorhome .I had to wait 3 weks for a garage to assit me in fiiting the brackets on my motorhome and installing it. It was then that I notice that it wouldn't open properly! Only from the left side whre the arm is to reel it in or out. But the the right side nothing would be reeled out.

We had to unmount the awning and wind it out and pull the right side out and inspect it and it was then that we observed that the right arm of the awning had snapped in the middle. It is around £300 to replace it but I was still within the month to return it. LeisureShop Direct refused to accept my return but it was them that I paid the money too. They said the issue is with there supplier and Thule diredlty. After 2 months of waiting Thule contactd LeisureShop Direct and rejecte my claim completely. I am so frustrated and gutted abotu this. I now have approximagtely £5000 worth of Thule equipment and I am unable to use any of it due to being sent a faulty awning. Has anybody any advice about what I can do as Leisureshop Direct have just taken my money and given me zero cusomer service or care! Please, please can anybody help!?

 

[Mel]

I am no expert in these matters, but there are others on here who have better knowledge and will probably be along to help. As a start, read your rights under the Consumer Rights Act. Your contract is with the supplier, not the manufacturer and your rights of redress are set out in the CRA.
Good luck
Mel

 

[Jcloughie]

Hi JonMac, and welcome to the forum.

If Leisureshop direct are the retailer. Then it is up to them to sort it. Your contract is solely with them, forget the wholesaler and the manufacturer.

If Leisureshop direct want to dispute it with either of them that is their prerogative, nothing to do with you.

Timings might be important. Also, if you purchased on line.

You need to gather as much evidence as you can, receipts, photographs, statements etc. Then write to them pointing out your rights and their responcibilities. Which and Citizens advice both have pro-forma letters you can use. It can be done be email or slow mail.

If you purchased using a credit card, you card supplier has equal responsibility with Leisure direct under section 75.

John

 

[otherclive]

Here’s information relating to your rights under Section 75 of the Consumer Credit Act. If you used a credit card for even a small part of the purchase (£100) then the CCA is applicable.

Section 75

Section 75 of the Consumer Credit Act offers protection to people who make purchases with a credit card. Here we look at the requirements, and how you can make a claim.

www.experian.co.uk

 

[Milkfloat]

Without doubt if you have paid by credit card get them involved. I would contact Leisureshop Direct and tell them that you don't care what Thule says as your contract is with Leisureshop Direct. If you could get something from the fitter saying that it came out of the packaging broken then I imagine that would help.

 

[Dustydog]

Write a recorded delivery/ sign for letter spelling out in big words “Consumer Rights Act 2015 “to Leisureshop Direct. They are on a hiding to nothing being difficult with you. The Law is clearly on your side!

 

[JonMac]

hi everybody, and thanks for all your prompt replies. I just contacted my bank by computer chat. They asked if I had returned it or tried to return it but I said no. I should have said yes as that ended the conversation. I did email them today Leisureshop direct saying I wil retunr the awning to them . They emailed me back say that it will be rejected on delivery. Do I really have to still attempt to return it. The reason I have did so alreday is they stalled me and said it was being dealty with by Thule after I sent Leisureshop Direct photos of the faults. This has turned out to be a grand nightmare. I was supposed to have alreday finished my van build and left the country with my customised van build. Its all delayed now massively. Leisureshop Direct just stalled and stalled. I did contact them within the first month but they are saying it was fter a momth and I had to contact them within the first 24hrs....

 

[JonMac]

Leisureshop Direct are being really really unsympathetic about this and blaiming Thule

 

[Dustydog]

Check Beta companies House . You will see the details of the two people who own and run the firm who won’t play ball with you. A letter to their home may come as a shock😉
Also check your home insurance policy. You may have Legal Expenses Insurance which may provide you with legal support in pursuance of your claim.

 

[otherclive]

Leisureshop Direct are being really really unsympathetic about this and blaiming Thule

It’s a difficult situation but as others have said your best approach is CRA2015, or CCA section 75 if a credit card was used for part or all of the purchase. Both procedures require you to marshal your case and be objective in your dealings with the seller. You can only proceed with CRA or CCA once the seller has formally rejected your complaint. So I would advise getting your case together and using the Which CRA2015 letter generator to draft your letter.

 

[Jcloughie]

hi everybody, and thanks for all your prompt replies. I just contacted my bank by computer chat. They asked if I had returned it or tried to return it but I said no. I should have said yes as that ended the conversation. I did email them today Leisureshop direct saying I wil retunr the awning to them . They emailed me back say that it will be rejected on delivery. Do I really have to still attempt to return it. The reason I have did so alreday is they stalled me and said it was being dealty with by Thule after I sent Leisureshop Direct photos of the faults. This has turned out to be a grand nightmare. I was supposed to have alreday finished my van build and left the country with my customised van build. Its all delayed now massively. Leisureshop Direct just stalled and stalled. I did contact them within the first month but they are saying it was fter a momth and I had to contact them within the first 24hrs....

You have attempted to return it. They said they would not accept. You have done your bit.

You now say the Leisureshop say that Thule are dealing. This is good, but in no way reduces their responcibility.

Regards the timings, I am not sure how long you have, but that is spelled out in the relevant law. Do you have evidence you contacted them in month 1?

The difference it makes, is the quicker these things are reported, the easier things are.

How long ago did you make the purchase?

John

 

[Woodentop]

If you paid for it by credit card then contact the card company. They will advise you what to do and if you get no joy they will refund you.

 

[otherclive]

If you paid for it by credit card then contact the card company. They will advise you what to do and if you get no joy they will refund you.

It’s not just paying for all of it by credit card the CCA section 75 only requires a small part of the purchase to be paid by credit card. £100, so even a low deposit would suffice. Other posts have pointed the OP in this direction of CCA 75 but he’s not come back on if a card was used.

When I took a disputed purchase up with my CC company their first requirement was for me to show that I had taken the dispute up with the Seller and had failed to reach agreement.

 

[ProfJohnL]

Others have already pointed out that as this was a retail purchase of a standards design product, then it is covered by the Consumer Rights Act 2015, As it was also a remote purchase you are covered by the Distance Selling regulations. And you may have some come back through section 75 of the Consumer Credit Act.

If you have some formal evidence (copy letter, or email) of reporting the fault to the seller within the first 30days of you having received the goods (point of contract completion) then the CRA's time clock is paused.

Do check the Consumer Association's (Which?) web site for free advice about how to use the CRA, and to use pro-forma letters for action.

Based on your reports of what has happened it would seem your supplier is not following the law in respect of your consumer rights.

 

[Buckman]

Although all the posters are correct about using CRA 2015 I strongly suggest that you contact Which Legal Services as soon as possible. The first 20 minute sis normally free and you can then join to get ongoing advice. The cost is normally under £100 annually for as much legal advice as you require.

We have used them to claim back over £30k and also taking on major financial institutions. You do all the legwork using their advice.