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  • mroakley
    • #2
    • 9th Dec 09, 2:55 PM
    consumer rights - faulty goods/lost receipt
    • #2
    • 9th Dec 09, 2:55 PM
    Am loving the new mini, pull-out consumer guide! However, one area is still unclear for me:
    What are your rights if the goods you've purchased turn out to be faulty, you can't find your receipt, and you have no other "proof of purchase" such as a credit/debit card statement because you originally paid in cash?
    • neilmcl
    • By neilmcl 9th Dec 09, 2:59 PM
    • 9,456 Posts
    • 6,443 Thanks
    neilmcl
    • #3
    • 9th Dec 09, 2:59 PM
    • #3
    • 9th Dec 09, 2:59 PM
    If there's no proof of purchase then how can the "alledged" retailer be liable.
  • gordikin
    • #4
    • 9th Dec 09, 3:03 PM
    • #4
    • 9th Dec 09, 3:03 PM
    ...What are your rights if the goods you've purchased turn out to be faulty, you can't find your receipt, and you have no other "proof of purchase" such as a credit/debit card statement because you originally paid in cash?
    Originally posted by mroakley

    One word:- None!
    • Tozer
    • By Tozer 9th Dec 09, 3:08 PM
    • 3,357 Posts
    • 2,104 Thanks
    Tozer
    • #5
    • 9th Dec 09, 3:08 PM
    • #5
    • 9th Dec 09, 3:08 PM
    Without wishing to sound negative, I think this pull-out guide is far, far too simplistic.

    It is absolutely pointless just pulling out a piece of paper and quoting extracts from legal principles to sales people. If the retailer is not complying with the law, then I really fail to see how this little scrap of paper will change any minds.
  • dmg24
    • #6
    • 9th Dec 09, 3:24 PM
    • #6
    • 9th Dec 09, 3:24 PM
    Without wishing to sound negative, I think this pull-out guide is far, far too simplistic.

    It is absolutely pointless just pulling out a piece of paper and quoting extracts from legal principles to sales people. If the retailer is not complying with the law, then I really fail to see how this little scrap of paper will change any minds.
    Originally posted by Tozer
    As evidenced by the OP in the following thread:

    http://forums.moneysavingexpert.com/showthread.html?t=2136093
  • Canute
    • #7
    • 14th Dec 09, 11:34 AM
    EU Consumer Rules/Regs
    • #7
    • 14th Dec 09, 11:34 AM
    The mini guide is good. The question I raise is: Am I right in beleiving that the EU rules/regs re consumer protection state that all goods manufactured/purchased? in the EU should be guaranteed for a minimum 2 years. So this , if I am correct should be included. I believe this was a ruling for minimum expectation of the length of time goods should be expected to remain free from breakdown after purchase - in other words "Fit for purpose"
  • Anihilator
    • #8
    • 14th Dec 09, 11:49 AM
    • #8
    • 14th Dec 09, 11:49 AM
    Personally think its a lot of !!!! that will lead to more threads from people who cant understand things properly, or read a contract.

    Some of the comments are questionable legally too as whilst they are correct the theory doesnt always match.
  • DrScotsman
    • #9
    • 14th Dec 09, 12:10 PM
    • #9
    • 14th Dec 09, 12:10 PM
    The mini guide is good. The question I raise is: Am I right in beleiving that the EU rules/regs re consumer protection state that all goods manufactured/purchased? in the EU should be guaranteed for a minimum 2 years. So this , if I am correct should be included. I believe this was a ruling for minimum expectation of the length of time goods should be expected to remain free from breakdown after purchase - in other words "Fit for purpose"
    Originally posted by Canute
    This "secret EU law" rubbish is STILL going on? If I dismiss this at the beginning of this thread then maybe some people will listen, so here I go:

    1. An EU directive is NOT law. It is something that is to be implemented in the member states' own legal system (and in the UK this one has)
    2. It does not state that goods have to last two years. Read it:

    Article 3
    Rights of the consumer
    1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
    2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.

    Article 5
    Time limits
    1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.
    All this says is that if goods do not conform to contract at the time of sale/delivery then any limitation period for the consumer bringing action against the seller has to be greater than 2 years. In the UK it's 6 years.

    Goods conforming to contract at the time of sale (and hence lasting a reasonable length of time) is entirely dependant on the goods. While a lot of things you would try to apply this too should last at least 2 years (laptop, washing machine), a lot of things will not be expected to last at least 2 years.
  • 4743hudsonj
    This "secret EU law" rubbish is STILL going on? If I dismiss this at the beginning of this thread then maybe some people will listen, so here I go:

    1. An EU directive is NOT law. It is something that is to be implemented in the member states' own legal system (and in the UK this one has)
    2. It does not state that goods have to last two years. Read it:



    All this says is that if goods do not conform to contract at the time of sale/delivery then any limitation period for the consumer bringing action against the seller has to be greater than 2 years. In the UK it's 6 years.

    Goods conforming to contract at the time of sale (and hence lasting a reasonable length of time) is entirely dependant on the goods. While a lot of things you would try to apply this too should last at least 2 years (laptop, washing machine), a lot of things will not be expected to last at least 2 years.
    Originally posted by DrScotsman
    Eugh, Thankyou for having sanity!

    I couldn't cope explaining what a directive is another time.
  • flapjack
    What about being short-changed by an internet order?
    I have a problem. I just ordered 2 of the same item (some car sticker packs) from a mail order company via the internet. I was charged for 2, the invoice that came with the goods mentions 2 were enclosed but they only included one in the jiffybag.
    What are my consumer rights? Is it my word against theirs if they dig their heels in and deny all knowledge, and if so where does the burden of proof lie?
    :confused:
    Any advice?
    • Esqui
    • By Esqui 17th Dec 09, 5:54 PM
    • 3,308 Posts
    • 2,422 Thanks
    Esqui
    Contact them first
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
    • tomloaf
    • By tomloaf 19th Dec 09, 3:02 PM
    • 28 Posts
    • 2 Thanks
    tomloaf
    Online quote help
    Hi

    I am in the process of commissioning a bit of jewelry for my girlfriend. I email a jeweler we talked about the design and he emailed me a quote (just in the email as in "that will cost £500" I asked about some other possible changes and he said "oh that will reduce it by £100".
    I have paid the deposit in person and now am just going to pick it up next week. When I asked him to confirm the final balance he said it was a lot more then the original quote approximate 27% more on a £500 is item. I have pointed out the email to him and he still stand by the new price. What rights do i have as i have paid a substantial deposit.

    Please help

    I donít want to be charged about £150 more than I was originally quoted
    Thanks
    Tom
    • Slim
    • By Slim 3rd Feb 10, 9:16 AM
    • 77 Posts
    • 19 Thanks
    Slim
    Length of Guarantee on Replacement Items
    If an item is replaced because of faults should the replacement have a twelve month guarantee starting from the date of the original purchase or the date of providing the replacement? Is there any law on this?
    Thanks
    • bingo bango
    • By bingo bango 3rd Feb 10, 11:25 AM
    • 2,437 Posts
    • 1,443 Thanks
    bingo bango
    If an item is replaced because of faults should the replacement have a twelve month guarantee starting from the date of the original purchase or the date of providing the replacement? Is there any law on this?
    Thanks
    Originally posted by Slim
    No. The Limitations Act 1980 stipulates that the time bar for civil action in the UK is 6 years (for consumer legislation anyway).

    What this means is that you have your rights under SoGA for up to 6 years from purchase. Any repairs or replacements in that period are simply a continuation of your original contract, not a renewal.
  • bronzeharness1
    Hi people,

    Have been reading this thread with interest. Can someone advise me with a problem i have? I bought a digital TV from Currys about 2 and half years ago, on a 1 year guarantee. Some minor faults have developed recently (HDMI port, and remote control no longer work). This is not through my mistreatment!

    As its under 6 years ago,can i require the retailer to investigate the fault? Do i have to prove it doesn't work? Also if i don't have the original packaging does this matter (i have the receipt)?

    Thanks
    • derrick
    • By derrick 14th Jun 10, 11:28 AM
    • 6,876 Posts
    • 2,241 Thanks
    derrick
    Hi people,

    Have been reading this thread with interest. Can someone advise me with a problem i have? I bought a digital TV from Currys about 2 and half years ago, on a 1 year guarantee. Some minor faults have developed recently (HDMI port, and remote control no longer work). This is not through my mistreatment!

    As its under 6 years ago,can i require the retailer to investigate the fault? Do i have to prove it doesn't work? Also if i don't have the original packaging does this matter (i have the receipt)?

    Thanks
    Originally posted by bronzeharness1
    Place this on the Consumer Rights thread, which is a sticky at the top of the page, you will receive more response there.

    You can go back to the retailer under SoGA, but you will need an engineers report,(refundable from the retailer if in your favour), to prove an inherent fault, unless the retailer gives in right away, but as it is Currys, you will have a fight on your hands.

    Packaging is irrelevant.



    .
    Last edited by derrick; 14-06-2010 at 11:31 AM.
    Don`t steal - the Government doesn`t like the competition


  • TrippingOwl
    Hat troubles
    I bought a hat in a shop in Camden, have the receipt, and the hat is in perfect condition. As I bought it for a friend, I knew it might not be the right size, so I checked with the sales person to make sure I could return it for a new one, who said yes. At the same time, I used a coupon for that shop offering me 20% off. There were no conditions written on that coupon restricting the products I could buy with it: it was a general 20% off.

    This shops was part of several shops owned by the same person. I went back to one of his other shops and showed him the hat, the receipt, and asked if I could have a replacement. He was extremely snotty with me and said only if it was in PERFECT condition (which it is). Then I told him the price I'd paid for it and he said that I shouldn't have had a discount on it because the coupon wasn't valid for hats. He said that I would, if ordering another hat in a different size, have to pay the full price. I was a little annoyed by this: I used a coupon and didn't expect an extra charge for the right size. His tone was quite rude and I said that I'd bought the item in good faith, that it wasn't really my problem that the shop assistant had made a mistake and that he should honour the agreement, whereupon the owner told me that there was a no-returns policy, that I'd been snotty with him, and that I should go away!! (He also made little shooing motions with his hands in the direction of the door.) I couldn't believe it. Now I can't even get a refund - which I'd rather do at this stage, and buy the hat somewhere else.

    Now, is he required to a) change the item, considering that his employee told me that I could and b) is he required to do so at the discounted price I paid for it?

    I have a receipt which shows the amount I paid for it. (£32 rather than £40.)

    I've spent far too much time already trying to talk to his employees, who are nice but a bit hopeless, and I have a hat that doesn't fit. What shall I do? It's now a matter of principle: I don't really feel like giving this person the extra £8.
    • custardy
    • By custardy 2nd Dec 10, 7:34 AM
    • 32,074 Posts
    • 26,813 Thanks
    custardy
    well you have no rights to a refund
    the voucher one is tricky
    as it stands you have a credit for £32 and i dont know if you have any right for the voucher to be reused
    the retailer doesn't actually have to offer an exchange so you could be on thin ice
  • Dave101t
    jeweler: he gave you a written quote. quotes are final prices.
    it could only go up if you were given a written estimate, which you agreed to.
    Target Savings by end 2009: 20,000
    current savings: 20,500 (target hit yippee!)
    Debts: 8000 (student loan so doesnt count)

    new target savings by Feb 2010: 30,000
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