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Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)
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Old 25-08-2010, 10:32 AM   #1
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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 two: How to complain

Last edited by MSE Andrea; 09-06-2011 at 4:24 PM.
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# 2
susie12jod
Old 25-08-2010, 11:13 AM
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Default Asda online shop

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 ?
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# 3
Mid
Old 25-08-2010, 11:51 AM
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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.
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# 4
Mid
Old 25-08-2010, 11:54 AM
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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.
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# 5
Voddie
Old 25-08-2010, 1:18 PM
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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!
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# 6
GaryPM
Old 25-08-2010, 1:21 PM
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Default Faulty items from ebuyer.com

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.
  1. 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'.

  2. I have asked for a repair but been ignored.

  3. 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.


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.
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# 7
Art
Old 25-08-2010, 1:43 PM
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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.

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# 8
Art
Old 25-08-2010, 1:48 PM
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Location: Essex
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Quote:
Originally Posted by susie12jod View Post
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.

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# 9
ilovenz
Old 25-08-2010, 6:13 PM
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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 ????
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# 10
sarahmo89
Old 25-08-2010, 6:18 PM
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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.
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# 11
RRAACC1
Old 25-08-2010, 9:31 PM
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Default Failure to offer satnav updates

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.
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# 12
oliverhale
Old 25-08-2010, 9:40 PM
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I have a generic question.

If something does not lasted a reasonable amount of time (SAD FART!), but the store say they will repair it, do you have a right to have a refund instead of the repair?
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# 13
jlwhite
Old 25-08-2010, 11:59 PM
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My husband bought me a Sony reader for Xmas which was 250. About 3 weeks ago the battery life started to deteriorate (only lasting a few days after charging- dieing suddenly- running down when not being used etc.) It has a lithium battery and one of the things they advertise is that it can last a long time between charges (which it did when I first got it). I have looked online and it appears that this isn't a one off. I would like a refund so I can get a different make rather than a few more months down the line having even more of a fight if a replacement goes wrong. It was bought from John lewis. Anyone have any advice on whether I can get a refund rather than a repair/ exchange?
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# 14
jgriggle
Old 26-08-2010, 5:55 PM
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Quote:
Originally Posted by oliverhale View Post
I have a generic question.

If something does not lasted a reasonable amount of time (SAD FART!), but the store say they will repair it, do you have a right to have a refund instead of the repair?
It depends on what the item is and how long you've had it.

If you've had the item for a while, and you want a refund the retailer is entitled to give you a partial refund to reflect the use and enjoyment you've had from the product up to now.
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# 15
Sinonthenet
Old 27-08-2010, 10:23 AM
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Another legal question - (albeit my mum is particularly good at this, and always sends thing to the head office rather than local and gets great results).

If you buy (say a digital radio), 6 months in it fails, the manufacturer (not the internet company) replaces it as it's faulty (didn't know to send it back to the seller at the time). 1year later the replacement fails. If this keeps going for 3 replacements (so far), is the contract you have against the original item bought, rather than the replacement? If a product line is faulty you will never receive a product which will be "fit for purpose", but the manufacturer may still continue to replace until time runs out?

Is there a defined point where you can say " I have had xx replacements already, please provide partial refund , instead"?? (appreciate I am stuffed as the contract is not with the manufacturer - but wondering about the principle)?
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# 16
Sinonthenet
Old 27-08-2010, 10:33 AM
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PS: Costco has one of the best returns policy (depending on who you are). They have a no quibble policy, and I have seen people get refunds for flowers that went dead 2 days after purchase.. but didn't have the flowers as proof .. only the receipt. Now, I do not advocate people taking advantage of this type of thing, but it does give me confidence when I buy laptops etc from them.
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# 17
lizmcfin
Old 27-08-2010, 12:53 PM
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Hi all

I have pasted below a complaint that I recently sent to a lighting retailer and their response. I believe i am entitled to a refund on 2 points - firstly that they didn't supply the lights within a reasonable time - 3 months as opposed to the agreed 3-4 weeks, and secondly that one of the lights isn't the one we ordered. If anyone has time to read through and provide their views I would be grateful - I realise I should have recorded the dates better.

many thanks


sent 30th July by email:
"My husband and I attempted to buy 3 lights from **** on 7th March 2010:

- clarence 5lt chrome - 99
- clarence 9lt chrome - 199
- 2lt CC WB CW crystal dessing - 58.50

We were told it would take 3 - 4 weeks for the lights to come in and that we had to pay up front. We chased the lights on several occasions and eventually some time in early June were told that the 2 chandeliers had come in but the wall light had been discontinued. My husband was told this by phone and agreed that he would need to dicsuss with me whether we still wanted the lights without the wall one (as we bought them to match each other). A member of staff then phoned back and said that there was an ex-display wall light available and that therefore all our lights were in.

I phoned and explained that we were not happy with an ex-display model but might consider continuing with the order if it was free with the 2 chandeliers given the huge delay on our order and all the messing around. A member of staff rang back to say that we couldn't have it for free but could have it at a reduced price. I confirmed we did not want it at a reduced price and wanted a refund instead. I asked the staff what we had to do to get a refund and was told that we had to go into the store with the receipt and the original payment card and that it would be refunded.

We live in ***** and my husband works in ***** and we spend a lot of weekends away. As it was my husband's card, he needed to go into the store to get the refund and it was a couple of weeks before he could get there. When he did go in to the store to get a refund, he was told that he couldn't have a refund as all the lights were now in. Unfortunately I wasn't with him so wasn't able to confirm what had been agreed by telephone so he agreed with the sales assistant that he would speak with me to decide what we wanted to do.

I have today spoken with '****' ( I requested her surname which she refused to give saying she 'is the only manager' so I hope it is clear who I am talking about) who told me initially that the wall light had arrived and that it wasn't ex-display. I said we'd been told it had been discontinued. She then said that in fact it was a different but nicer one and she was doing us a favour by doing it for the same price.

I explained that we do not want any of the lights ( and certainly not a wall light we haven't even seen). We bought them in good faith that they would arrive in 3 - 4 weeks and had arranged for them to be fitted at the end of April. **** have not fulfilled the contract in that it has taken 3 months+ for the lights to arrive, and even then, what we ordered hasn't arrived. I made it clear in June that we wanted a refund and was told that all we had to do was come into the store with our card for a refund. **** said ***** don't do refunds so none of her staff would have told me that. She then said she cannot do refunds and that she is an employee. I asked who I needed to speak to instead and was told to write to head office.

Please can you acknowledge my complaint. Please can you now provide the refund of 356.50 that we are entitled to following your breach of contract."

response received 26th August by email:

" I have investigated this, and I have found that initially you wanted a matching set, but unfortunately at the time of ordering, we didn’t run a wall light in this range, thus a similar one was found which was ordered.
This substitute was unfortunately discontinued, due to difficulty in manufacturing. Luckily during this time, we have actually received the brand new addition to the Clarence range which is a matching wall light as pictured below, this is a slightly more expensive fitting but as a good will gesture will be offered to you at the same price, and is an exact match for the ceiling lights ordered. All 3 of these lights are in store now awaiting collection."

Last edited by lizmcfin; 27-08-2010 at 12:55 PM.
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# 18
adh983
Old 27-08-2010, 5:22 PM
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Default Replacement product while being repaired

Hi All

If i take something back to a shop with a problem within 6 months, and the shop want to send it back to the manufacturer for repair, are they obliged to offer me a replacement in the meantime, as if not there is a possibility that i may be without the product for a number of weeks. If its an item you use on a daily basis i.e a buggy this could could alot of inconvenience.

Thanks
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# 19
oliverhale
Old 27-08-2010, 7:03 PM
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Quote:
Originally Posted by jgriggle View Post
It depends on what the item is and how long you've had it.

If you've had the item for a while, and you want a refund the retailer is entitled to give you a partial refund to reflect the use and enjoyment you've had from the product up to now.
Thanks for the info
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# 20
hawker955
Old 30-08-2010, 10:03 AM
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In November 2009 we ordered a new bathroom from Dolphin. Things went badly from the start when they twice took the deposit and put me over my limit giving me a penalty which they have not refunded.

Work for this "seven-to-ten day" job started in February and to cut a long story short we have had numerous faults and problems.
  • The fitters failed to turn up on twelve of the thirty two days they were booked.
  • Dangerous electrics (according to Dolphin's inspector but now sorted apart from holes in the wall around the bathroom light-switch)
  • A shower that falls off the wall despite three attempts to fix
  • A toilet that does not flush properly
  • A sink pipe that drains uphill
  • A sink and bath that drain into the shower basin
  • Holes in the ceiling below the bathroom made "to save time" and left unrepaired
  • Holes in the ceiling where the wrong lights were put in the wrong place
  • Virtually all fittings left loose on the wall
  • Heated towel rail that does not work
  • An airing cupboard door replaced so badly it is almost a joke
  • Damage to the stairs to the bathroom
  • Underfloor heating that was left exposed and walked on for weeks (not a good thing apparently)
  • Numerous leaks (now sorted)
  • A toilet outflow pipe left uncapped until we pointed out the flush pouring down the outside wall
  • Rubble left a couple of metres from the front door for weeks (sorted)
  • Various cosmetic faults
  • A project manager who failed to turn up when promised, unreturned phone calls, and dubious excuses fromn the fitters when they were chased up.
Eventually we stopped Dolphin from coming as they caused so much damage and left so many faults, and we were seventy days after the start of work. A Master Builder has described the work as amateurish and shoddy.

We have photographs, a detailed history with dates, events and all phone calls noted. We paid by a combination of two credits cards and one company has been helpful (MBNA) the other (Lloyds TSB) obstructive and awkward. The latter is not responding to Section 75. We have just contacted the Financial Ombudsman and are awaiting a response.

I will go to court if required but is that the only response if a company does not respond to Section 75?

Thanks in advance.
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