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  • FIRST POST
    • squeaky
    • By squeaky 8th Apr 11, 8:40 PM
    • 13,811Posts
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    squeaky
    Quick questions on Consumer Rights
    • #1
    • 8th Apr 11, 8:40 PM
    Quick questions on Consumer Rights 8th Apr 11 at 8:40 PM
    Hi,

    If you have a query that you think will only need a quick yes or no answer then feel free to ask it here.

    Otherwise you are very welcome to start a new thread.

    Whatever you decide... good luck
    Last edited by squeaky; 20-04-2011 at 9:49 AM.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.

    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
Page 47
    • ZornsLemma
    • By ZornsLemma 28th Jan 17, 2:00 AM
    • 1 Posts
    • 0 Thanks
    ZornsLemma
    Company ignoring my complaints and next direct debit about to be taken
    My boiler service contract hit the 12 month point recently and the provider decided to increase the price. I don't want to pay the new price, so I called them up to ask about cancellation. They told me that if I called back in a couple of weeks time, I would be covered up until that point and they wouldn't take any further payments after I'd cancelled.

    I called them on the appointed date. This time they insisted that there was a 30 day notice period and that they would therefore be taking the next direct debit. They refused to cancel my contract unless I agreed there was a notice period. I explained that this wasn't what they'd told me when I called before and asked to speak to a manager. No one was available, but they said someone would call me back within 48 hours. No one has called.

    I e-mailed them to complain about this misleading information and not being called back. My e-mail was ignored.

    To make things more complicated, the contract *does* have a 30 day notice period - but that's not what they told me when I called them the first time, and if they had told me that then I would have given the 30 days notice straight away, instead of waiting two weeks. Moreover, the contract says they have to give me 60 days notice of price rises - they gave me less than 30 days notice.

    It's difficult for me to avoid the conclusion they are just ignoring me, safe in the knowledge my direct debit will keep being paid to them unless I agree to drop my complaint.

    I'd *like* to cancel the direct debit and then hopefully we can discuss it, rather than them just ignoring me - if after discussing it I have to pay them then I can send them a cheque. However, I'm worried they will decide to impose a massive surcharge on me for not paying via direct debit. Yet if I don't cancel the direct debit, they're just going to sit there collecting the money and ignoring me.

    What should I do?
    • Russwright89
    • By Russwright89 19th Feb 17, 4:00 PM
    • 1 Posts
    • 0 Thanks
    Russwright89
    I had a TV fixed under warrenty 7 months after buying it, receiving the tv back 1 month later, it's now broken in the same way again 2 months out of warrent, and currys are saying there is only a 3 month warrenty on repairs, I searched online and couldn't find anything about warrenty's on repaired goods and was wondering were I stand, seen as thought the TV is not up to standard.
    • wealdroam
    • By wealdroam 19th Feb 17, 9:46 PM
    • 18,650 Posts
    • 15,550 Thanks
    wealdroam
    I had a TV fixed under warrenty 7 months after buying it, receiving the tv back 1 month later, it's now broken in the same way again 2 months out of warrent, and currys are saying there is only a 3 month warrenty on repairs, I searched online and couldn't find anything about warrenty's on repaired goods and was wondering were I stand, seen as thought the TV is not up to standard.
    Originally posted by Russwright89
    You need to prove to Currys that the television is inherently faulty.

    If you can do that, then the seller must supply a remedy. That is a statutory right.

    If you cannot prove that the fault is inherent, then the seller does not have to do anything.

    How did you pay for this purchase? By credit card?
    • Jamesrt2017
    • By Jamesrt2017 17th Mar 17, 6:14 PM
    • 2 Posts
    • 0 Thanks
    Jamesrt2017
    Help regarding friends fridge.
    Hello everyone,

    Just wondering if any of you could confirm or correct my thoughts on an issue regarding my friends fridge.

    My friend purchased a fridge at currys 'less than 6 months' ago (sorry I couldn't get a more exact time period, I'd expect 3/4 months is more likely.
    In this time they purchased a house and have been redecorating etc to get it suitable for them to move in. Which they are due to in the next couple of weeks.

    When they purchased the fridge they had it stored at a family members place due to not having any room. They did NOT inspect the product and left it untouched in all its packaging assuming (as you would!) that it would be sound and the product good and as expected.

    However they have opened to packaging to find that inside the fridge it is all dented etc.. which is obviously very frustrating. They have looked up the CSR online and believe they are due a replacement or if that isn't offered, a refund. They have received quite rude customer service on the phone, but that's another issue entirely.

    I however read it differently. As the product was a delivered item and not taken from the store (does it matter in this instance?) that it would fall under DSR... the product as far as I know does work however it is damaged (INSIDE the fridge, not exterior/obvious from packaging defects etc) . Now I believe that it would be 14 days from purchase to be legible for a refund or a replacement and not any longer, any longer would be good will from currys. If the product didn't work at all then it falls under the manufacturers warranty period and then would be resolved.

    What's your thoughts? Any help is appreciated !

    TLDR: product purchased 3/4 months ago has been stored. Opened recently to find it damaged. Are they legible for refund/replacement under DSR? Or is it outside of the refund period (I read it as 14 days)
    • Jamesrt2017
    • By Jamesrt2017 17th Mar 17, 6:30 PM
    • 2 Posts
    • 0 Thanks
    Jamesrt2017
    To add to the above (I apologise, it will not let me edit the post, if an admin/mod could merge the two posts that would be great!)

    The damage is dents and a hole in the fridge compartment. They have gone into currys with picture of the damage, the person they spoke to said the hole WILL affect the efficiency of the fridge and gave them a number to ring, which my friend said looks like nothing will come from it.

    Friend is now going to get in touch with trading standards and financial ombudsman. Again I believe they 'ran out of time' to be able to get anything from this and any contact with anyone other than currys will fall on deaf ears?
    • marliepanda
    • By marliepanda 17th Mar 17, 6:32 PM
    • 4,722 Posts
    • 9,513 Thanks
    marliepanda
    Hello everyone,

    Just wondering if any of you could confirm or correct my thoughts on an issue regarding my friends fridge.

    My friend purchased a fridge at currys 'less than 6 months' ago (sorry I couldn't get a more exact time period, I'd expect 3/4 months is more likely.
    In this time they purchased a house and have been redecorating etc to get it suitable for them to move in. Which they are due to in the next couple of weeks.

    When they purchased the fridge they had it stored at a family members place due to not having any room. They did NOT inspect the product and left it untouched in all its packaging assuming (as you would!) that it would be sound and the product good and as expected.

    However they have opened to packaging to find that inside the fridge it is all dented etc.. which is obviously very frustrating. They have looked up the CSR online and believe they are due a replacement or if that isn't offered, a refund. They have received quite rude customer service on the phone, but that's another issue entirely.

    I however read it differently. As the product was a delivered item and not taken from the store (does it matter in this instance?) that it would fall under DSR... the product as far as I know does work however it is damaged (INSIDE the fridge, not exterior/obvious from packaging defects etc) . Now I believe that it would be 14 days from purchase to be legible for a refund or a replacement and not any longer, any longer would be good will from currys. If the product didn't work at all then it falls under the manufacturers warranty period and then would be resolved.

    What's your thoughts? Any help is appreciated !

    TLDR: product purchased 3/4 months ago has been stored. Opened recently to find it damaged. Are they legible for refund/replacement under DSR? Or is it outside of the refund period (I read it as 14 days)
    Originally posted by Jamesrt2017
    Firstly I'm not sure where they read they could demand a replacement and/or refund in the first 6 months. They can't. Currys could quite legitimately repair it. However, with damage, they don't have to. It's not faulty, it's damaged.

    There's not a lot you can do. Anything could have happened to it in those 3/4 months. I wouldn't assume it had arrived perfect? Why do you think that's a normal thing?

    If currys refuse to do anything (they don't have to) you could file a small claims court hearing and hope the judge believes that the damage occurs before it sat in your friends family members house.
    Survey Earnings 2017 - £163
    • naedanger
    • By naedanger 17th Mar 17, 6:35 PM
    • 2,185 Posts
    • 1,768 Thanks
    naedanger
    Hello everyone,

    Just wondering if any of you could confirm or correct my thoughts on an issue regarding my friends fridge.

    My friend purchased a fridge at currys 'less than 6 months' ago (sorry I couldn't get a more exact time period, I'd expect 3/4 months is more likely.
    In this time they purchased a house and have been redecorating etc to get it suitable for them to move in. Which they are due to in the next couple of weeks.

    When they purchased the fridge they had it stored at a family members place due to not having any room. They did NOT inspect the product and left it untouched in all its packaging assuming (as you would!) that it would be sound and the product good and as expected.

    However they have opened to packaging to find that inside the fridge it is all dented etc.. which is obviously very frustrating. They have looked up the CSR online and believe they are due a replacement or if that isn't offered, a refund. They have received quite rude customer service on the phone, but that's another issue entirely.

    I however read it differently. As the product was a delivered item and not taken from the store (does it matter in this instance?) that it would fall under DSR... the product as far as I know does work however it is damaged (INSIDE the fridge, not exterior/obvious from packaging defects etc) . Now I believe that it would be 14 days from purchase to be legible for a refund or a replacement and not any longer, any longer would be good will from currys. If the product didn't work at all then it falls under the manufacturers warranty period and then would be resolved.

    What's your thoughts? Any help is appreciated !

    TLDR: product purchased 3/4 months ago has been stored. Opened recently to find it damaged. Are they legible for refund/replacement under DSR? Or is it outside of the refund period (I read it as 14 days)
    Originally posted by Jamesrt2017
    It is outside the 14 day return period for the DSR but that concerns change of mind purchases and not faulty items. (So forget that avenue.)

    However the item is faulty and provided the damage was not from the customer's abuse of the item the customer is entitled to a repair, replacement of full refund (full - since not 6 months old).

    As the item is less than six months old the onus is on the retailer proving on the balance of probability the damage was caused by the customer if they wish to avoid liability.

    They may argue the damage is consistent with physical abuse and after this length of time it is likely that it was damaged after delivery.

    Therefore I suggest your friend gathers as much evidence as they can to convince an independent party that the item was damaged before delivery.
    • RoonilWazlib
    • By RoonilWazlib 20th Mar 17, 9:58 AM
    • 148 Posts
    • 101 Thanks
    RoonilWazlib
    You mention the financial ombudsman...was it bought on finance? If it was, depending on the type of finance, the rights may be against the finance company. If it wasn't, FOS have got nothing to do with it.
    • yahoo80
    • By yahoo80 25th Mar 17, 10:37 AM
    • 1 Posts
    • 0 Thanks
    yahoo80
    Hi there

    I bought (instore @oakfurniture) a sofa and other lounge furniture last weekend and got a call yesterday that the sofa's fabric we chose is out of stock now. I was told to pick another one, however all others are £200 more expensive.
    I know I have a right to refund, but is there anything which would get me the other fabrics for the last week's price? Full price has already been charged from my bank account.
    cheers
    • Minimogul
    • By Minimogul 11th Apr 17, 5:01 PM
    • 2 Posts
    • 0 Thanks
    Minimogul
    Goods not fit for purpose
    I bought an expensive one piece ski suit for my son from a brand which was supposed to be good. It was £300. He went on a school ski trip. On the second day it ripped completely and I had to send him money to buy a new outfit locally so he could continue to ski. He told me that the first time he put his hand in the pocket it was ripped. When he returned I complained to the company Oneski. They said that they have never had that problem before and it was his fault! I said he was just skiing normally - not cross country or anything out of the ordinary and the goods were not fit for purpose. They said that the trousers were probably too big and that is why they ripped. The outfit fitted to the best of our knowledge. They asked me to send it to them which I did. They then offered me a new one in a size smaller. I said that would be too small and in any case I don't need one now as he had to buy a replacement on his trip. They said that is a reasonable offer and they will not give me a refund. What recourse do I have?
    • lincroft1710
    • By lincroft1710 11th Apr 17, 6:47 PM
    • 9,756 Posts
    • 7,783 Thanks
    lincroft1710
    Supplier can replace, refund or repair, their choice.
    • Kimis_girl11
    • By Kimis_girl11 19th Apr 17, 9:59 AM
    • 1 Posts
    • 0 Thanks
    Kimis_girl11
    Hi, my partners iPhone 6 plus has touch disease. He's recently out of contract but we were advised yesterday that the fault should be covered by consumer rights. I can't find anything relevant to phone faults out of contract and the phone contract itself doesn't say anything about faults out of contract. If we pay to fix the fault, can we claim that back at some point? Is anyone aware of the issue and not had to pay for the repair out of contract? Thanks
    • marliepanda
    • By marliepanda 19th Apr 17, 12:24 PM
    • 4,722 Posts
    • 9,513 Thanks
    marliepanda
    Hi, my partners iPhone 6 plus has touch disease. He's recently out of contract but we were advised yesterday that the fault should be covered by consumer rights. I can't find anything relevant to phone faults out of contract and the phone contract itself doesn't say anything about faults out of contract. If we pay to fix the fault, can we claim that back at some point? Is anyone aware of the issue and not had to pay for the repair out of contract? Thanks
    Originally posted by Kimis_girl11
    What contract are you talking about? Your phone contract (aka with o2 or Vodafone) is totally irrelevant to the handset.

    Are you talking about a warranty? Who advised you of this?

    If the phone is faulty, and I'm guessing it's over 6 months old; you need to prove that the fault is inherent and not through mishandling. Apple may help. They may not. If you didn't buy from them then they don't have to.

    If it's inherently faulty, you're entitled to a repair or a replacement, or a proportionate refund.

    If it's not inherently faulty, it's up to you to pay.

    I'm also not sure what you mean about repairing it and claiming the repair cost back. Who from?
    Survey Earnings 2017 - £163
    • robatwork
    • By robatwork 20th Apr 17, 8:26 PM
    • 3,949 Posts
    • 4,289 Thanks
    robatwork
    Hi, my partners iPhone 6 plus has touch disease. He's recently out of contract but we were advised yesterday that the fault should be covered by consumer rights. I can't find anything relevant to phone faults out of contract and the phone contract itself doesn't say anything about faults out of contract. If we pay to fix the fault, can we claim that back at some point? Is anyone aware of the issue and not had to pay for the repair out of contract? Thanks
    Originally posted by Kimis_girl11
    You've got no chance getting Apple to repair it for free. Although they acknowledge this is an issue https://www.apple.com/support/iphone6plus-multitouch/ they say that it's only when the phone has been mistreated. This of course may be untrue but you won't be able to prove it easily.

    I don't know if the UK apple centres are offering a similar price repair at a flat fee but I would print out that webpage and take it to an Apple shop. See if they will "price match"
    • jjpmaia
    • By jjpmaia 24th Apr 17, 3:01 PM
    • 41 Posts
    • 2 Thanks
    jjpmaia
    Quick question then:

    I work for a company and some hardware broke down for the 2nd time (temperature probes on refrigerated trailers). I contacted the company and told them they need to cover it (last breakdown was 6 months ago).
    They say there is no warranty (here my question is, has a business, do we have the same or similar rights as a costumer)?
    Also, they say the new hardware keeps the old warranty. For example, something broke down after 9 month, so the new probe only has the remaining 3 month warranty.

    My 2 questions are regarding UK law, because I know that in my home country there is a 1 year minimum warranty for business/companies and if they replace the hardware for a new one they need to give another year.

    Thank you for your help.
    • unholyangel
    • By unholyangel 24th Apr 17, 3:15 PM
    • 11,416 Posts
    • 8,584 Thanks
    unholyangel
    Quick question then:

    I work for a company and some hardware broke down for the 2nd time (temperature probes on refrigerated trailers). I contacted the company and told them they need to cover it (last breakdown was 6 months ago).
    They say there is no warranty (here my question is, has a business, do we have the same or similar rights as a costumer)?
    Also, they say the new hardware keeps the old warranty. For example, something broke down after 9 month, so the new probe only has the remaining 3 month warranty.

    My 2 questions are regarding UK law, because I know that in my home country there is a 1 year minimum warranty for business/companies and if they replace the hardware for a new one they need to give another year.

    Thank you for your help.
    Originally posted by jjpmaia
    Regarding the warranty, there is no law saying that anyone (retailer or manufacturer) need to give a warranty and often warranties are void when used for commercial purposes anyway.

    Regarding your rights, no as a business you have nowhere near the protection & rights that a consumer does. The main one with a consumer is that they cannot contract out of their statutory rights - businesses are not afforded the same luxury as they enter many contracts every single day so should be more competent than your average consumer.

    Read your contract and see what the T&C's state. If they don't offer the cover then really - as a business - you should have had a contingency plan in place (ie a breakdown/repair plan). Sorry.
    Money doesn't solve poverty.....it creates it.
    • wealdroam
    • By wealdroam 24th Apr 17, 3:42 PM
    • 18,650 Posts
    • 15,550 Thanks
    wealdroam
    ...I know that in my home country there is a 1 year minimum warranty for business/companies and if they replace the hardware for a new one they need to give another year.
    Originally posted by jjpmaia
    That's interesting.

    What is your home country?

    That certainly isn't the case here in the UK.
    Most warranties here do not start again if a faulty item is replaced.
    • jjpmaia
    • By jjpmaia 25th Apr 17, 8:23 AM
    • 41 Posts
    • 2 Thanks
    jjpmaia
    That's interesting.

    What is your home country?

    That certainly isn't the case here in the UK.
    Most warranties here do not start again if a faulty item is replaced.
    Originally posted by wealdroam
    Hi, its Portugal.
    For consumers we have a minimum of 2 years warranty, and if the product is replaced the new one should have another 2 years warranty. Same for business, but 1 year.

    Thank you all for your help, seems like the weather and food are not the only things Portugal is better at
    • Moneyineptitude
    • By Moneyineptitude 25th Apr 17, 11:52 AM
    • 19,551 Posts
    • 9,658 Thanks
    Moneyineptitude
    For consumers we have a minimum of 2 years warranty, and if the product is replaced the new one should have another 2 years warranty.
    Originally posted by jjpmaia
    That seems incredibly generous.
    What's to stop a consumer having an exchange every two years ad infinitum?

    Sounds like another misunderstanding of the EU "two year" guarantee...
    Last edited by Moneyineptitude; 25-04-2017 at 9:30 PM. Reason: Sounds like another misunderstanding of the EU "two year" guarantee...
    • mije1983
    • By mije1983 25th Apr 17, 12:52 PM
    • 2,562 Posts
    • 18,336 Thanks
    mije1983
    Thank you all for your help, seems like the weather and food are not the only things Portugal is better at
    Originally posted by jjpmaia
    Personally I think that makes it weighted too heavily in favour of the consumer. It's important to have balance in law to ensure fairness to both sides so I don't think it actually is 'better'.

    As mentioned above, there would be nothing stopping me buying a €10 kettle and having it for the next 50 years by replacing it every 2 years. In practice, nobody would expect a €10 kettle to actually last 50 years.

    Each (country) to their own though!

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