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[MSE Andrea]

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[dave2986]

Hi

Yesterday I signed up for the gym at university, unfortunately I did it in a bit of a rush and ticked the 12 month box not the 6 month one(which I wanted), they didn’t take payment their and then as the machine was broken or something.

i realised what i did when i got home, so i phoned them and said could i change it they said i could and to come round today to sort it out.

But when i went they said I couldn’t change it as they had taken payment last night and their policy was only to allow members to up not down grade.

Is their anything i can do?

I seem to remember when I was a member of another gym their had a 14day cooling off period, and I wondered if that was the law or just their policy????

any ideas?

[zoeleigh]

Hi all

I have a Siemens SL65 which I got from LX Direct toward the end of July.
For the last couple of weeks or so it has kept crashing mid conversation or mid text & sometimes switches itself off.

As I have had it for over 3 months what are my options? Is it down to Lx or Siemens?

Any advice appreciated.

Thanks

[payless]

Originally Posted by dave2986

Hi

Yesterday I signed up for the gym at university, unfortunately I did it in a bit of a rush and ticked the 12 month box not the 6 month one(which I wanted), they didn’t take payment their and then as the machine was broken or something.

i realised what i did when i got home, so i phoned them and said could i change it they said i could and to come round today to sort it out.

But when i went they said I couldn’t change it as they had taken payment last night and their policy was only to allow members to up not down grade.

Is their anything i can do?

I seem to remember when I was a member of another gym their had a 14day cooling off period, and I wondered if that was the law or just their policy????

any ideas?

don't think cooling off period applies if signed on these premises

[Art]

Originally Posted by dave2986

Hi

I seem to remember when I was a member of another gym their had a 14day cooling off period, and I wondered if that was the law or just their policy????

any ideas?

If you signed on their premises the cooling off period doesn't apply. However, there are things you can do. Firstly if you specifically discussed 6 months with the person who signed you up, ask them to confirm this and to adjust the agreement. Failing this ask to see the general manager of the gym and put your case forcably to him.

Finally if this doesn't work, ask for the head office of the company running the gym and write to the MD telling him that if it isn't resolved you will go to Trading Standards and the university authorities.

regards,
Art.

[Art]

Originally Posted by zoeleigh

Hi all

I have a Siemens SL65 which I got from LX Direct toward the end of July.
For the last couple of weeks or so it has kept crashing mid conversation or mid text & sometimes switches itself off.

As I have had it for over 3 months what are my options? Is it down to Lx or Siemens?

Any advice appreciated.

Thanks

Under the sale of Good Act 1979 the retailer is responsible. Don't accept any excuses from them. Put your problem in writing and keep a copy. Give them 7 days to replace the product or tell them you will take them to the small claims court. You will win the case!

Regards,
Art.

[mark forster]

does any one know the answer to this i paid adeposit for an lpg conversion , had too cancel 2 weeks before the receipt says deposit for labour company will not refund any money is this legal ?

[Art]

Originally Posted by mark forster

does any one know the answer to this i paid adeposit for an lpg conversion , had too cancel 2 weeks before the receipt says deposit for labour company will not refund any money is this legal ?

Sorry can't understand your question. Can you be clearer? What product is it?

Regards,
Art.

[sharpey79gfc]

Morning all,

Around Christmas time last year I purchased a new kettle and toaster from Argos and both have recently developed minor faults.

The breville illuminating kettle, no longer illuminates.

And on the Tefal Avanti toaster one of the buttons to raise the toast higher doesn't function (in fact it never has).

Although these two problems do not affect their overall functionality, it is annoying that I have paid for these features and they no longer work.

As they are still less than a year old, who should I contact to get a replacement or repair, should I go back to Argos or to the manufacturer?

I still have the receipts for both items but not the boxes.

Thanks

[Art]

Originally Posted by sharpey79gfc

Morning all,

Around Christmas time last year I purchased a new kettle and toaster from Argos and both have recently developed minor faults.

The breville illuminating kettle, no longer illuminates.

And on the Tefal Avanti toaster one of the buttons to raise the toast higher doesn't function (in fact it never has).

Although these two problems do not affect their overall functionality, it is annoying that I have paid for these features and they no longer work.

As they are still less than a year old, who should I contact to get a replacement or repair, should I go back to Argos or to the manufacturer?

I still have the receipts for both items but not the boxes.

Thanks

The retailer is liable under the Sale of Goods Act. Actually, you will have no problem with Argos with getting the items replaced. They are excellent on customer service, particularly as you have the receipts.

Regards,
Art.

[fagun]

Martin,

Your updated note on Consumer Rights doesn't cover auctions. I think this is particularly important for eBay, because I think you have rights to require a refund if you buy faulty new goods from a trader on eBay (eBay selers currently can refuse a refund and only offer an exchange). See the extracts below from the CAB adviceguide.org website.

I researched this as I had a dispute with an eBay seller. In the end it was easier to get a refund from Barclaycard [got a full refund even though goods were only £20] than to pursue this with the seller.

I'd be interested if I'm correct in my interpretation. if so, is it worth updating your eBay / Consumer Rights notes?

*****
AuctionsWhen you buy goods at an auction, your rights will depend on whether the goods are new or second-hand, and whether the seller is a trader or a private individual. The seller will be the original owner of the goods, and not the auctioneer. Your rights may also depend on whether you were given the opportunity to attend the auction in person.

New goodsIf you buy new goods at an auction from a trader, you will have the same legal rights as if you bought them in a shop - see under heading Your legal rights when you buy goods.

If you buy new goods at an auction from a private seller, you will have less legal rights. You will have the same rights as those described under the heading Buying goods from a private seller.

[fagun]

Originally Posted by Art

Under the sale of Good Act 1979 the retailer is responsible. Don't accept any excuses from them. Put your problem in writing and keep a copy. Give them 7 days to replace the product or tell them you will take them to the small claims court. You will win the case!

Regards,
Art.

If the retailer doesn't respond, you may find it quicker talking to your credit card company if you bought it by card. Small Claims Court may take a while, and you are charged a fee upfront.

[Art]

Originally Posted by fagun

Martin,

Your updated note on Consumer Rights doesn't cover auctions. I think this is particularly important for eBay, because I think you have rights to require a refund if you buy faulty new goods from a trader on eBay (eBay selers currently can refuse a refund and only offer an exchange). See the extracts below from the CAB adviceguide.org website.

I researched this as I had a dispute with an eBay seller. In the end it was easier to get a refund from Barclaycard [got a full refund even though goods were only £20] than to pursue this with the seller.

If you have a problem with ebay they have a very good service themselves for resolving disputes with sellers. They basically take up your case and sort it out with the seller. They obviously have a lot of weight behind them as sellers don't want to be banned from selling on ebay.
If your problem is with PayPal, which is an ebay company, they offer a similar service.

Also, if you have problems with a seller don't forget to leave negative feedback on the site. This helps other buyers from seeing potential problems and avoiding bad sellers. It's also another way of getting a response from a seller who refuses to deal with your problem.

Look at the disputes procedure on the ebay site. Just go to: www.ebay.co.uk
and click on the 'safety centre' link at the bottom of the page. A similar link is available on PayPal.

Regards,
Art.

[fagun]

I tried the eBay dispute mechanism. All I got was automated e-mails, and referrals to published policies on their website. In my case, the seller offered a replacement but refused a refund. As the item broke so easily, I wanted a refund.

In any case, the same rights would also apply to other online auction sites???

[Art]

Originally Posted by fagun

If the retailer doesn't respond, you may find it quicker talking to your credit card company if you bought it by card. Small Claims Court may take a while, and you are charged a fee upfront.

Your credit card company can only be called on if the goods are over £100. If the phone was a free or discounted one the card company won't get involved.

You're right about having to pay an up-front fee to use the Small Claims Court. This isn't a large amount and this is returned to you when you win as part of the judgement.

Regards,
Art.

[Art]

Originally Posted by fagun

I tried the eBay dispute mechanism. All I got was automated e-mails, and referrals to published policies on their website. In my case, the seller offered a replacement but refused a refund. As the item broke so easily, I wanted a refund.

In any case, the same rights would also apply to other online auction sites???

I have had one dispute with ebay and one with PayPal and both were satisfactorily resolved by them in my favour.

It's true they use a lot of automated emails but they do have humans in their office in Richmond who generate the replies and follow up the complaints.

Regards,
Art.

[fagun]

Originally Posted by Art

Your credit card company can only be called on if the goods are over £100. If the phone was a free or discounted one the card company won't get involved.

Art, not trying to be contrary. Per Consumer Credit Act you're absolutely right. However, I've found that card companies are quite good even for small amounts. This may be because I used Barclaycard & First Direct who both have a brand to protect and goodwill to maintain. I've just moved to Conran/Amex [as per Martin's recommendation] and they may be tougher. In any case, it's only a phonecall, so worth a try before going to court.

[Art]

In addition to the disputes procedure on ebay and PayPal purchases are also covered under their 'Purchase Protection Plan'. There are 2 levels of cover, one up to £120 and one up to £500.

Details can be found on the right hand side of any page where goods are described. In order to claim under their PPP you have to go through their dispute procedure but I found this very easy to do.

Regards,
Art.

[the*dark*one]

I bought a laptop from PC World back in March 2005 (yes, I know, PC World ) it was only due to MSE that I bought it because it was a special offer

So anyway, I tried to turn it on this morning and the LCD bulb/backlight on the screen appears to have blown as the image is very, very dark and is barely showing. I still have the receipt/box but what I want to know is what position am I in here? Am I entitled to an exchange of a brand new but same model or can PC World just repair it and I have to hope for the best?

What about if it or something worse happens again? Would I then be able to get a new/similar product or would it be a case of PC World trying to fix the problem everytime?

Any advice would be much appreciated!

[Art]

Originally Posted by the*dark*one

I bought a laptop from PC World back in March 2005 (yes, I know, PC World ) it was only due to MSE that I bought it because it was a special offer

So anyway, I tried to turn it on this morning and the LCD bulb/backlight on the screen appears to have blown as the image is very, very dark and is barely showing. I still have the receipt/box but what I want to know is what position am I in here? Am I entitled to an exchange of a brand new but same model or can PC World just repair it and I have to hope for the best?

What about if it or something worse happens again? Would I then be able to get a new/similar product or would it be a case of PC World trying to fix the problem everytime?

Any advice would be much appreciated!

This really comes under fit for purpose clauses in the Sale of Goods Act.

If you are happy to have them repair it then let them go ahead but put them on notice that if you are not satisfied you will demand a replacement or a full refund. They will try to 'explain' that they have a right to repair but it's up to you. Maybe it's best to put your complaint in writing so you have a copy and state that you will demand a replacement if the repair is not to your satisfaction. Do this before you let them near the machine.

PC World has a poor reputation when it comes to dealing with customer complaints. Don't let the matter drag on. In your letter give them a specified amount of time to sort the problem out. 14 days seems about right. tell them if things aren't resolved in this time you will contact Trading Standards or use the Small Claims Court. As I said in a previous message, you will win your case.

Regards,
Art.