Consumer Rights: MoneySavingExpert.com discussion

Art_2 · 18 February 2008 at 8:56AM

LittleTinker wrote: »

Thanks Art......just one other thing.....we cannot find the receipt and paid cash. How does this alter things?

Curry's may accept that you purchased the laptop from them but if they refuse to do anything without proof of purchase you are going to be in trouble. They will have their own records but will they be prepared to plough through them/

Regards,
Art.

overcharged · 18 February 2008 at 8:55PM

Hi Everyone, I would sincerely appreciate any suggestions on the following problem I have concerning
defective goods, where the defect has only really ‘kicked in’ soon after the 12 month warranty
expired. Ideally I would like the item replaced by Amazon.co.uk. I wrote to Amazon.co.uk on 19th July 2007 about a defective £295 Sony DVD Recorder
RDR-HX510 with 80GB Hard Drive I had purchased from them for my pensioner father on 10th
December 2005. Amazon.co.uk referred me to Sony, the manufacturer, who quoted at least £150 in repair costs. I’m wondering if I have any rights to pursue this with Amazon.co.uk (the Sale of Goods Act 1979
as amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to
Consumers Regulations 2002) and, if so, what should I say to Amazon.co.uk? Mr Lewis (moneysavingexpert.com) mentions “After 6 months you must prove they WERE
faulty when you bought them…By law you have up to six years to make a complaint, but this
doesn't mean goods must last six years, they must last what most people would consider to be
a ‘reasonable' length of time. So if there is wear and tear that breaks the product then the
likelihood is you have no claim. Yet if it was an unreasonable fault, you do.” The Trading Standards website mentions “The Sale of Goods Act 1979 (as amended) says
that goods should be…of satisfactory quality… Satisfactory quality includes the appearance
and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)” Ever since the day I received it my father wanted to tolerate its minor glitches (such as it not
recording programmes despite correctly setting the timer) but unfortunately within the 2nd
year of use it really went downhill. It is still possible to play DVD's and programmes already stored on the Sony DVD
Recorder RDR-HX510, but it is no longer possible to set it to record anything. It is in
perfect condition and hasn't received any knocks or anything like that. It just seems as if the
internal computer-type system it uses has gone haywire.Again, any suggestions or thoughts very welcome.

reehsetin · 18 February 2008 at 9:03PM

the fact that it cost £300 to buy will work for, you need to quote s.14 with them it is not of satisfactory quality if it does not work properly within a relatively short period of time,
also say that there are no signs of damage as it is a software glitch it is unlikely you will have done anything to make it behave that way and that there are numerous other people with the same problem (very difficult for you to prove but worth a mention as your all unlikely to have messed it up in the same way)
also mention you had problems from the start (though they'll say you should have said something then)
remind them that the responsibility with the item is not with sony but with themselves under SOGA

Art_2 · 18 February 2008 at 10:51PM

overcharged wrote: »

Hi Everyone, I would sincerely appreciate any suggestions on the following problem I have concerning
defective goods, where the defect has only really ‘kicked in’ soon after the 12 month warranty
expired. Ideally I would like the item replaced by Amazon.co.uk. I wrote to Amazon.co.uk on 19th July 2007 about a defective £295 Sony DVD Recorder
RDR-HX510 with 80GB Hard Drive I had purchased from them for my pensioner father on 10th
December 2005. Amazon.co.uk referred me to Sony, the manufacturer, who quoted at least £150 in repair costs. I’m wondering if I have any rights to pursue this with Amazon.co.uk (the Sale of Goods Act 1979
as amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to
Consumers Regulations 2002) and, if so, what should I say to Amazon.co.uk? Mr Lewis (moneysavingexpert.com) mentions “After 6 months you must prove they WERE
faulty when you bought them…By law you have up to six years to make a complaint, but this
doesn't mean goods must last six years, they must last what most people would consider to be
a ‘reasonable' length of time. So if there is wear and tear that breaks the product then the
likelihood is you have no claim. Yet if it was an unreasonable fault, you do.” The Trading Standards website mentions “The Sale of Goods Act 1979 (as amended) says
that goods should be…of satisfactory quality… Satisfactory quality includes the appearance
and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)” Ever since the day I received it my father wanted to tolerate its minor glitches (such as it not
recording programmes despite correctly setting the timer) but unfortunately within the 2nd
year of use it really went downhill.It is still possible to play DVD's and programmes already stored on the Sony DVD
Recorder RDR-HX510, but it is no longer possible to set it to record anything. It is in
perfect condition and hasn't received any knocks or anything like that. It just seems as if the
internal computer-type system it uses has gone haywire.Again, any suggestions or thoughts very welcome.

I think you have a case under the 'reasonability' clause of the SoGA. It is not reasonable for such a product to stop working after such a short period of time.

Write to Amazon pointing out it is their responsibility, not Sony's, to sort out the problem. Tell them you want the unit repaired free of charge. If they refuse to help tell them you will go to the Small Claims Court.

Also, how did you pay for the recorder? If you paid by credit card inform your card company of the problem and tell them you hold them equally responsible. Ask them to put pressure on Amazon to deal with the problem.

Regards,
Art.

overcharged · 19 February 2008 at 7:25PM

Thanks for the advice guys. I'm afraid I didn't use a credit card for the purchase but that won't stop me from insisting they get the thing repaired.

Thanks again. Will let you know how I get on.

Art_2 · 19 February 2008 at 7:45PM

overcharged wrote: »

Thanks for the advice guys. I'm afraid I didn't use a credit card for the purchase but that won't stop me from insisting they get the thing repaired.

Thanks again. Will let you know how I get on.

I must say that Amazon are usually very good at sorting out problems so stick with it and you should get a good result.

regards,
Art.

iashem · 20 February 2008 at 5:26PM

my dad has a lcd tv which is 13 months old monday night it went wrong again for the 3rd time in 6 months hughes have taken it away to be repaired, does he have any futher rights in demanding a new tv due to the tv not being fit for purpose or does he have to settle for a repair

Art_2 · 21 February 2008 at 1:14PM

iashem wrote: »

my dad has a lcd tv which is 13 months old monday night it went wrong again for the 3rd time in 6 months hughes have taken it away to be repaired, does he have any futher rights in demanding a new tv due to the tv not being fit for purpose or does he have to settle for a repair

If you have agreed to a repair then that is what you will have to accept on this occasion. However, write to the company pointing out all the problems you have had with the TV and tell them if it fails again you will expect it to be replaced as there is obviously an inherent fault with it.

Regards,
Art.

pinkgem · 21 February 2008 at 8:46PM

My mum bought a bottle of stain remover from a small local DIY shop, she went in another shop and when she came out the lady from the DIY shop told her that her bag was leaking.

The bottle of stain remover had spilt on everything in my mums bag, most things were ok but her mobile phone was soaked despite being inside a case and it wouldnt't turn back on. The owners of the shop just said "it's only soapy water it will be fine just dry it out" but obviously mobile phones are not meant to get wet in any kind of liquid.

The mobile has been drying for the last couple of days and will still not turn on despite now being completely dry. My mum got my dad to go in the shop with her today and asked them to pay for the cost of the phone (still have receipt for £100) or to pay for a replacement phone of same spec. The mobile isn't made anymore, it was a limited edition cath kidston nokia 6230 i think, and was in new condition as my mum always keeps it in a case.

The people in the shop said my mum would have to write a letter to their insurance and include the original receipt for the phone and see if they will pay out or not, and they weren't sure if they would cover it. I don't think my mum should have to deal with the shops insurance herself, and I'm not sure what happens if the insurance say they won't cover it but my mum is now without a mobile phone due to no fault of her own.

What i would like to know is, who is responsible? and what should my mum expect to happen? should she be compensated for the cost of the damaged mobile or a replacement mobile to same spec/value? and how should she go about reclaiming the cost?

edit - forgot to mention, although not really that important, but while my mum was in the shop buying the stain remover the owners were, for some reason, chatting to her about their insurance. Then someone dropped a tin of paint on the floor which spilt everywhere, and then the stain remover leaked in my mums bag. So my mum thinks she jinxed the shop!

pinkgem · 21 February 2008 at 9:12PM

also forgot to say, i had a bottle of fabric conditioner leak on my new ugg boots whilst shopping in sainsburys a month or 2 ago. it was leaking on my boots as i was stood at the checkout putting the shopping from the trolley to the conveyor. when i got to the fabric conditioner i saw it had a cracked lid. i went straight to customer services and spoke to the manager who filled out a form and said if it won't come out i should buy a replacement pair of boots, bring in the receipt and the damaged boots, which they would keep, and they will give me the money back for the new boots as their insurance covered them for this kind of thing.

My ugg boots were originally £100 from australia, but replacements in the same style, colour and size were hard to get and i had to go to ugg direct and paid £175 in the end. After a few phone calls checking i could definitely be refunded, as i did not want to make a wasted journey, i went in to the store and handed over the damaged boots and was given £175 cash for the new boots.

i know sainsburys are a lot bigger than the small diy shop, but surely they should still have adequate insurance to cover this kind of thing as well?

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