Consumer Rights: MoneySavingExpert.com discussion

Art_2 · 19 November 2006 at 4:24PM

ScottishSapper wrote:

Having read the article and browsed the postings I am almost certain of the consumer rights. But before I go in guns blazing, I would like a little confirmation or other pointers.

A friend who lives in Luton purchased from Toys R Us a Medion notebook in October 2005. Within 6 weeks it had problems and she went back to the shop and was told it was down to the manufacturer to sort it and not Toys R Us. When she told me this I said as far as I knew under the Sale of Goods Act it was down to the retailer but when she went back they refused to help.

The following is a short version of events:

The problems since purchase are:

Within 6 weeks of purchase the notebook would not charge the battery; nor would it work connected direct to the mains. After Toys R Us refused to assist and she returned it to the manufacture where it was away over the Xmas period for almost 4 weeks.

Shortly after this the problem returned and the manufacturer sent out a new connection lead.

Just before the end of the warranty in October the problem returned and the notebook was again returned to the manufacturer. When it was returned the keypad was loose (in fact actually comes away from the housing) and the keys do not respond. When the manufacturer was contacted was informed that it was out of warranty and any costs for repair would have to be paid for. On top of that they had completely wiped the hard drive resulting in the loss of some data but irreplaceable were around 200 digital photos taken during a recent family holiday.

And the crunch came on Sunday the 19th November when the original fault reappeared.

The question is does she pursue this with the retailer (Toys R Us) or the manufacturer (Medion). It is obvious (to me) that the good are and were faulty and at the very least she should have a replacement.

Have tried to keep this as short as possible, so thanks for reading and any advice would be greatly welcomed

You are quite right. The problem is one that Toys R Us should have sorted out, not the manufacturer. Never, never involve a manufacturer. If the retailer wants to send it back then let them do it. I hope your friend hasn't compromised their position by going to the manufacturer.

My advice would be to write a letter to Toys R Us. Detail everything that has happened and the poor service your friend has had since the purchase. Send the letter, recorded delivery, to the head office and a copy to the store where the unit was bought.

State that the goods were obviously faulty and unfit for the purpose intended. Tell them that if it isn't resolved satisfactorily within 10 days you will go to the Small Claims Court.

If it ends up in the Small Claims Court in addition to the cost of the laptop you can also ask for compensation for the time the unit was not in use and any out of pocket expenses. You will have to estimate these figures for your claim and the court will decide the final amount.

As to the photos that were wiped from the hard drive this is more difficult. They only have a value to your friend and although she can add this into her claim it might be deducted or reduced again.

Hope this helps.

Regards,
Art.

ScottishSapper · 19 November 2006 at 5:44PM

Art

Thanks, afraid she has already returned it twice to the manufacturer! We have drafted a letter along the lines you suggest and we will start with the retailer with a time scale of 10 days and I think will copy it to the manufacturer so that they are aware of the action being taken then if still no joy from retailer take it up with them (having taken it back twice then they have admitted there is a problem!).

danhalls · 19 November 2006 at 5:53PM

A bit long winded but I bought an item from B&Q on the 30th October for £75. I broke it - my fault - and went to buy a replacement on the 14th November, but the price had gone up to £89. While I was a bit upset, this seemed fair enough so I bought another one. Whats really annoyed me is now they are having a 20% off everything sale from the 20th November, which means the item is now going for about £71.

It looks to me like they raised the price for 2 - 3 weeks before reducing it, and I've been caught out. I'm sure I've read something about companies not being able to inflate prices for less than 28 days before they go on sale - is there anything I can do?

I'm sure their legal and marketing depts have got everything covered but it's worth a go!

Thanks,

Dan

Art_2 · 19 November 2006 at 6:39PM

danhalls wrote:

A bit long winded but I bought an item from B&Q on the 30th October for £75. I broke it - my fault - and went to buy a replacement on the 14th November, but the price had gone up to £89. While I was a bit upset, this seemed fair enough so I bought another one. Whats really annoyed me is now they are having a 20% off everything sale from the 20th November, which means the item is now going for about £71.

It looks to me like they raised the price for 2 - 3 weeks before reducing it, and I've been caught out. I'm sure I've read something about companies not being able to inflate prices for less than 28 days before they go on sale - is there anything I can do?

I'm sure their legal and marketing depts have got everything covered but it's worth a go!

Thanks,

Dan

In order to claim a reduced price a retailer has had to have sold the item for 28 days prior at the higher price. Here's the catch - it doesn't have to be in every shop. If the higher price had been in one store only then they have complied with the law. However, if they are pulling this stroke they must clearly state the store where the higher price applied on all price tickets in their stores.

I would log the information and check back again a week after their present promotion ends and see if the price has been brought back to £75. If it has, write to them pointing out the problem and also report it to your local Trading Standards Officer.

Regards,
Art.

joebob · 20 November 2006 at 4:55PM

Art wrote:

Hi Claire,

Good to see things are moving, albeit slowly. Curry's may still settle. Once their head office gather the information from the shop they may see it's best to not go to court.

Regards,
Art.

Art have you heard from claire ?what was the result ?

Art_2 · 20 November 2006 at 6:16PM

joebob wrote:

Art have you heard from claire ?what was the result ?

No I haven't. Maybe she will read this and bring us up to date.

Regards,
Art.

wifeforlife · 27 November 2006 at 5:22PM

Hi all just want a quick bit of advice

I bought a pc from littlewoods and it arrived last monday all in working order. Yesterday the monitor would not switch on and I've phoned to get a replacement, they've given me a number for the manufacturers who wont answer. I've sent an email to littlewoods telling them to sort it as it's they're responsibility.

But what I'm really p!%%ed at is when I bought the pc online I had clicked on a picture of a pc with speakers and a printer, when I ordered the pc there was no where on the page to add accessories for eg printer or anything, so I assumed the printer was included as it was shown in the picture and no information stating that it wasnt. It has arrived with no printer and littlewoods are now saying it was never available with a printer, but surely then thats wrongly advertising?

If anyone can advise me if I have a leg to stand on it would be great, as otherwise I'm going to return it and get a different computer with everything included

TIA
Cath

Edited to include link to pc bought and the exact page I bought it from,
http://www.littlewoods-online.com/rf/navigation/product.do?linkId=883052

Art_2 · 27 November 2006 at 6:35PM

cathy2702 wrote:

Hi all just want a quick bit of advice

I bought a pc from littlewoods and it arrived last monday all in working order. Yesterday the monitor would not switch on and I've phoned to get a replacement, they've given me a number for the manufacturers who wont answer. I've sent an email to littlewoods telling them to sort it as it's they're responsibility.

But what I'm really p!%%ed at is when I bought the pc online I had clicked on a picture of a pc with speakers and a printer, when I ordered the pc there was no where on the page to add accessories for eg printer or anything, so I assumed the printer was included as it was shown in the picture and no information stating that it wasnt. It has arrived with no printer and littlewoods are now saying it was never available with a printer, but surely then thats wrongly advertising?

If anyone can advise me if I have a leg to stand on it would be great, as otherwise I'm going to return it and get a different computer with everything included

TIA
Cath

Edited to include link to pc bought and the exact page I bought it from,
http://www.littlewoods-online.com/rf/navigation/product.do?linkId=883052

You are quite right. The responsibility is Littlewoods to sort out and not the manufacturer. Contact them and tell them under the Sale of Goods Act your contract is with them and you expect them to resolve your problem.

I have had a look at the site you gave us and although you are right, there is a printer and speakers showing in the photo, they do not say they are included in the price. On the other hand they don't say 'printer and speakers not included'. In your letter to them tell them you feel they have misrepresented the offer and you expect them to supply what is shown on their website.

I would also mention that in the write-up they mention a wide screen monitor but show a standard monitor in their picture. What have you got?

You have two options I think. One is to demand they sort out your problem and supply what you have ordered. If they refuse tell them you will go to the Small Claims Court. Second option is to reject the goods under the Sale of Goods Act as not being fit for the purpose intended.

Regards,
Art.

ScottishSapper · 27 November 2006 at 6:49PM

Hi Cath

Had a look at the link as well and my first assumtion was printer etc included BUT it does NOT mention them in the description.

I also had a look at their terms and conditions, which it appears they are not sticking to; in that Para 4 states (although its to do with credit agreements but still stands under Sale of Goods Act)
4.2 If you received unsatisfactory goods or services paid for under this agreement, you may have a right to sue the supplier, the creditor, or both
Their returns policy states:
My goods are faulty, what should I do?
If any product we supply fails prematurely due to an inherent fault (manufacturing defect), we will provide you with an appropriate remedy e.g. refund, replacement or repair. Simply call us on 08705 22 66 77.
I think you will be able to phone them on 0800702702 or 0151 2352222

Good Luck - Frank

joyandrich · 27 November 2006 at 7:28PM

Ever felt helpless?? Not sure where to turn now.

We're a small start-up business which relies on technology; and when the supplier lets you down...... I felt other people should know what they might be in for if they buy an Acer laptop.

However good your laptop is, it's often the technical support, warranty and customer service that makes the difference between a good and an atrocious customer experience.

I received a NEW Acer laptop via insurance 3 weeks ago and from start to finish its been the worst consumer experience I have had. When the lap top arrived on the Friday the LCD screen switched on briefly but then went blank, on the Monday I called insurance, who referred to Computer source, who referred to Acer. they do not have any cooling off periods as such and because they have no outlets they cannot so say supply a new laptop even though this was supposed to be a new laptop. It went back on The Thursday, the insurance said since it was reported within 5 days of receiving they have to repair within 72 hours or replace. When calling Acer they are rude and unhelpful. They lied about the delivery date of the laptop to them to buy them more time until DHL confirmed delivery date, time and signature. Then returned it supposedly fixed on Friday pm, but surprise surprise it won’t turn on so nothing has been done. So basically am back to square one. No one seems to be able to take responsibility, no one will talk to me or help me. I have no comeback as it wasn’t me who paid for it on my credit card.

Can anyone help me??? Acers warranty says that you have no consumer rights except their. How can they be allowed to trade if they don’t comply with UK trading standards?

Thanks Joy

Consumer Rights: MoneySavingExpert.com discussion

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