Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

Former_MSE_Alana · 25 August 2010 at 10:32AM

Please click reply to discuss the Consumer Rights guides

This discussion thread is for comments on and discussion of the MSE guide linked to here. It's NOT for general questions. If you have general questions please start a new thread on the Consumer Rights Board

Part one: Give me my money back

Part two: How to complain

susie12jod · 25 August 2010 at 11:13AM

I am very annoyed with Asda and am not sure what to do next. I received an online shop on 30 June (which I have done lots of times before with no problems). When I looked at my delivery note the amount came to £130.53 when I was expecting approx £94. I added the items up on my calculator and it came to £89.89. After double checking I phoned them straight away (how can a computerised statement be wrong ????) Someone said they would look into it and call me back - they didn't. After ringing again to chase up they explained that after speaking to the store manager he said that the mix up had occurred because I had gone back into my order and changed the date - not true !
At this point I wrote to head office and the store manager rang to tell me to speak to customer services.
Customer services told me to check what came out of my bank account then to ring back and they would refund the difference within 5 - 10 days. I protested about having to wait that long through no fault of my own but to no avail.
I have made countless phonecalls since June to Asda chasing this up and eventually spoke to a supervisor after £94.95 was deducted from my account. The £94.95 was the 'summary of my order' when I had finished ordering on line even though the actual order came to £89.89. For compensation I was offered a refund on delivery and a £10 evoucher and was told that that was the end of the matter as I had already written to head office. This I find appalling after all the phonecalls and chasing I have done.
Basically, how can a computerised item list be wrong - how many people has this happened to before as no-one I have spoken to ever manually checks the list - you shouldn't have to check the figure with a calculator. No-one has explained this to me.
How can Asda expect people to wait 5 - 10 days for a refund through no fault of their own.
£35.58 was paid into my account on 11 Aug from Asda (no explanation) then £13.50 was paid in on 12 August (no explanation). I did speak to someone at BBC Watchdog and she was appalled but explained that although it was an interesting story they couldn't really take it up at this time. Any ideas on where to go from here ?

Mid_2 · 25 August 2010 at 11:51AM

susie12jod - Have you tried speaking to your Visa card company? Not sure if they'll help as the original order is below £100 but the error takes it above £100.

Mid_2 · 25 August 2010 at 11:54AM

I have a problem with a Dell laptop bought last year in May - the hinge is breaking off so opening and closing the thing is now almost impossible without breaking it further. This started happening about 5 months ago but I figured it was just cosmetic but now it appears not to be the case.

It's now 3 months out of warranty - should I just buy a new laptop or do I have any recourse? The thing was only £400 but I still feel it should last more than 15 months.

Voddie · 25 August 2010 at 1:18PM

Susie,

If it's of any consolation I had a similar run in with ASDA but they owed me a refund of over £100. Many phone calls, store visits, letters ensued. A customer Services "Manager" at head office rang me to tell me I wouldn't be getting a refund and that was the end of the matter as far as they were concerned. I wrote back to Customer Services (politely) explaining I had no choice but to get my solicitor (a certain Mr. Fictional) to start proceedings against them in the small claims court. An entirely helpful woman from head office rang me 2 days later and sorted the refund out (with an apology and some extra funds to compensate me - they offered vouchers but I laughed so hard she thought cash would be better).

Don't give up.

V.

p.s. It took 3 months to get to the refund stage!

GaryPM · 25 August 2010 at 1:21PM

Hi,

Would someone mind looking at the following please, just to see if I am being unreasonable?

On 16/12/08 I bought a DVD and HDD recorder/player for £89.02 which was faulty on arrival (unable to tune in and no SCART output). I returned this and it was found by ebuyer to be faulty. They replaced this item on 05/01/09. (This was supposed to be a xmas present)

On 29/07/09 the replacement item would not switch on. I requested a return on this date and sent it back. They found that the item was faulty and again, issued a replacement on 10/08/09.

On 28/07/10 the 2nd replacement would not switch on. Again, I requested a return on this date and sent it back. Ebuyer found that the item was faulty again. This time, a replacement has not been offered as they no longer stock them and Ebuyer have also failed to offer a repair or FULL Refund.

I looked on their website and found an identical spec machine. It is a more expensive item (different manufacturer) but is the lowest priced in the range and asked if they would give me that as a replacement. I was told 'NO'.
I have asked for a repair but been ignored.
I have a asked for a full refund but told I will only get a partial refund as a "proportionate deduction for it's age", will be made - they offered me £64.15 which is almost 39% deduction! There's no way I could replace the item for that amount.

On all 3 occasions they have acknowledged that the item is faulty but are now stating that because it is after 6 months, it would be up to me to prove the fault. :undecided

I've emailed them stating all of the issues and quoting the "Sale of Goods Act 1979 (as amended)" - this was advised by Consumer Direct, but i'm getting nowhere......

To add insult to injury, they also sent me a faulty item on another order which I placed a week before the item above failed. It was a Hard Disk Drive for a Computer and was DOA. I sent this back to them and they replaced it.....

Any advice gratefully received,

Thanks.

Art_2 · 25 August 2010 at 1:43PM

You are not entitled to a full refund and the retailer is within his rights to adjust your refund for the time you have had the item.

Regards,
Art.

Art_2 · 25 August 2010 at 1:48PM

susie12jod wrote: »

I am very annoyed with Asda and am not sure what to do next. I received an online shop on 30 June (which I have done lots of times before with no problems). When I looked at my delivery note the amount came to £130.53 when I was expecting approx £94. I added the items up on my calculator and it came to £89.89. After double checking I phoned them straight away (how can a computerised statement be wrong ????) Someone said they would look into it and call me back - they didn't. After ringing again to chase up they explained that after speaking to the store manager he said that the mix up had occurred because I had gone back into my order and changed the date - not true !
At this point I wrote to head office and the store manager rang to tell me to speak to customer services.
Customer services told me to check what came out of my bank account then to ring back and they would refund the difference within 5 - 10 days. I protested about having to wait that long through no fault of my own but to no avail.
I have made countless phonecalls since June to Asda chasing this up and eventually spoke to a supervisor after £94.95 was deducted from my account. The £94.95 was the 'summary of my order' when I had finished ordering on line even though the actual order came to £89.89. For compensation I was offered a refund on delivery and a £10 evoucher and was told that that was the end of the matter as I had already written to head office. This I find appalling after all the phonecalls and chasing I have done.
Basically, how can a computerised item list be wrong - how many people has this happened to before as no-one I have spoken to ever manually checks the list - you shouldn't have to check the figure with a calculator. No-one has explained this to me.
How can Asda expect people to wait 5 - 10 days for a refund through no fault of their own.
£35.58 was paid into my account on 11 Aug from Asda (no explanation) then £13.50 was paid in on 12 August (no explanation). I did speak to someone at BBC Watchdog and she was appalled but explained that although it was an interesting story they couldn't really take it up at this time. Any ideas on where to go from here ?

With the 2 payments into your account you appear to have paid something in the order of £81 so you are not out of pocket. ASDA have offered you a voucher in compensation. Maybe this is a little small but at least they have put the matter right.

Regards,
Art.

ilovenz · 25 August 2010 at 6:13PM

I have so far been through three freezers - the first was just out of the year long warranty period and Indesit wouldn't replace it despite agreeing that a freezer should last longer than a year. so I forked out for a replacement - again an Indesit.The second and third expired inside the warranty period and were replaced. The problem appears to be that the insulation has broken down causing the freezer to leak - the engineers could give me no reason as to why this would happen. I queried whether it was something I was doing or the location or the ventilation -but they assured me all was OK.
The most recent - no. 4 - replacement is a frost free one - an upgrade (for which I paid the difference) from the previous two and I have taken out additional extended warranty.
My question is - what is a reasonable length of time within consumer rights ????? Most suppliers of goods opt out after the warranty period. But one would expect larger electrical goods to last much longer. And if, a reasonable period is longer than the warranty, how do you force a supplier to take responsibility ????

sarahmo89 · 25 August 2010 at 6:18PM

Hey, I was just wondering if anyone is in the know of matters of contracts and things.

I'm with talktalk, have been since September and I'm with them on an 18 month contract. However I received an email from them telling me that they are increasing the price of the line rental and potentially other items (which you had to click on a link to find out).

I went with talktalk because of the price they said they would charge, are they breaching the contract by deciding to charge more money from me? Am I within my rights to say, 'No I'm not paying this increase it's not what I initially agreed to' ? I would rather go with Sky now tbh they have a deal on their tv phone and internet package so would this be a sort of get out clause to terminate my contract with talktalk?

Sarah.

RRAACC1 · 25 August 2010 at 9:31PM

I bought a new motorhome 2 years ago with satnav installed. After just one year the satnav manufacturer decided not to offer software updates, so the mapping company won't support the model, either.

Unfortunately, the satnav also doubles as a reversing camera monitor, so it cannot simply be swapped for another make or model.

Surely the manufacturer and converter have an obligation to support this for at least a few years. The maps are already becoming obsolete. :mad:

Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

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