Quick questions on Consumer Rights

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  • Fosterdog
    Fosterdog Posts: 4,948
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    Tezza74 wrote: »
    Hi

    I'm a newbie to forum posting, apologies in advance if this question has already been answered.

    I ordered a fitbit charge 2 in November 2015 with a 2 year guarantee. The fitbit became faulty in December 2016 (the charging connector came away) and a replacement was provided in January 2017. Now the replacement wristband has come away from the main screen. I contacted the retailer who originally agreed to provided a new replacement/refund. When I agreed to the replacement they then advised that as it was now out of warranty they will not assist with the quality issue.

    Can anyone please advise if I have any rights to a repair/replacement/refund, and if the retailer has acted correctly ?

    Many Thanks

    The Charge 2 wasnt released until either September or October 2016 (I had one on pre order before launch) so was the original one actually a charge HR or a different model? Was it then swapped for exactly the same in December 2016 or was it then upgraded to the charge 2? Who provided the replacement? The retailer or Fitbit? Have you tried contacting Fitbit this time to see what they offer?
  • robatwork
    robatwork Posts: 7,086
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    Sealos1979 wrote: »
    Argos advertised a dressing table online as coming with a stool. It was delivered but the box contained no stool. Argos state that the stool was never included in the price even though they have taken our money. They offered full refund or £20 off next order. We would like them to honour the advertised stool as the dressing table is perfect. Can we contest their offer if we have written proof via email receipt that the stool was included in the price?

    Argos's online delivery of furniture seems to me a world apart from their in shop ethos. As a shop I have nothing but admiration for how they deal with customer service. As an online company delivering furniture they are abysmal.

    I just had an enormous saga with them of missing items, drivers not turning up, broken parts, incorrect parts when trying to assemble....they didn't seem the same company at all. Avoid for deliveries.
  • Hi

    Thanks for the message. Apologies it was the Fitbit Charge HR not the Charge 2, I double checked the invoice receipt from November 2015. It was replaced by the retailer for another Charge HR. They originally agreed to replace it with an equivalent now that the Charge HR is no longer available, but a colleague advised the previous customer service advisors (3 of them) were incorrect with their information and offer of a replacement.

    I haven't contacted Fitbit yet, though I understand that a number of customers have experienced similar issues with the wristband. The posts I have seen from Fitbit representatives on the Community.Fitbit.com site advise that they use the customer feedback to improve their products. I will contact Fitbit to see if they can help. Thanks for your help.
  • I purchased a pair of cycle bib shorts from Probikekit & after 2 rides in about 2 months of use they became faulty. I sent them back but the company will not refund & keep blaming the supplier saying that they are waiting for the supplier to investigate & get back to them. It's been a month now & all they keep saying is that they are still waiting for info from the supplier. What are my rights now?
    Thanks
  • bris
    bris Posts: 10,548
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    They are entitled to investigate the problem but you should consider now giving them a deadline as to when to expect an answer.


    You can do this by sending them a "Time is of the essence" letter giving them 14 days or you will expect a refund (they can also repair or replace them at this point). You might need to follow this through with a LBA. After that it really depends if the value is worth taking it all the way.
  • Thanks bris for the info. What's an LBA?
    Cheers
  • lincroft1710
    lincroft1710 Posts: 17,545
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    LBA = letter before action, a formal letter advising that if a refund is not forthcoming within 14 days (usually) you will take the matter to court.

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/taking-court-action/step-one-write-a-letter-before-action/
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Hi, will try and keep this brief:

    If I buy a mobile phone which is faulty do I have any right to demand that it is returned for a refund

    OR can the store insist that I speak to the manufacturers help line (I am concerned that they might want to me to send the phone in for repair)

    Phone was purchased 8 August. Have been backwards and forwards to my Network provider at the request of Argos for several weeks but it is still faulty.
  • derrick
    derrick Posts: 7,420
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    Hi, will try and keep this brief:

    If I buy a mobile phone which is faulty do I have any right to demand that it is returned for a refund

    OR can the store insist that I speak to the manufacturers help line (I am concerned that they might want to me to send the phone in for repair)

    Phone was purchased 8 August. Have been backwards and forwards to my Network provider at the request of Argos for several weeks but it is still faulty.


    In the first 30 days from purchase you can demand a refund under the Consumer Rights Act, during the first 6 months it is up to the retailer to determine the fault was not present at point of sale, after 6 months it is up to you to prove the fault was there since purchase and not of your doing.

    Your rights are against the retailer not the manufacturer, so in your case it is up to Argos to do the leg work as it is within the first 6 months.


    .
    Don`t steal - the Government doesn`t like the competition


  • Thanks Derrick

    I said to the adviser on the phone several times that I just want to take the phone back to the shop and get a refund. He refused saying that I have to speak to Motorola first (which I cant do until Monday).

    I bought the phone on 8 August. I spoke to an adviser on 14 September so within the 30 days advising them that I thought it was faulty (as I was not receiving some text messages) and I have proof of this but they said it was a fault with my network.

    My network provider reset my SIM on 15 September. This appeared to work but I then realised that some messages were still not being received. I went back to the network provider again (on their advice) and they sent me a new SIM.

    I have now had the new SIM in my phone for a week or so and I am still not receiving all my text messages.

    I am tempted to go to Argos with the phone and all the evidence but my nearest Argos store is 30 miles away so I dont want a wasted journey.
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