Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • squeaky
    • By squeaky 8th Apr 11, 8:40 PM
    • 13,811Posts
    • 15,845Thanks
    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 51
    • bris
    • By bris 10th Oct 17, 1:50 PM
    • 6,937 Posts
    • 5,956 Thanks
    bris
    The retailer has acted correctly, for warranty claims you go to the manufacture who will help, they tend to be pretty good at sending out straps.


    If you want to take it up with the retailer then you need to invoke your statutory rights But you need to prove your case by getting a report to state it's an inherent fault etc which is a hassle and something you really don't need to do at this stage.


    So the retailer doesn't need to do anything until you make your case against them.
    • Fosterdog
    • By Fosterdog 10th Oct 17, 2:25 PM
    • 3,256 Posts
    • 5,585 Thanks
    Fosterdog
    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
    Originally posted by Tezza74
    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
    • By robatwork 10th Oct 17, 7:13 PM
    • 3,945 Posts
    • 4,288 Thanks
    robatwork
    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?
    Originally posted by Sealos1979
    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.
    • Tezza74
    • By Tezza74 10th Oct 17, 8:04 PM
    • 3 Posts
    • 0 Thanks
    Tezza74
    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.
    • dazz285
    • By dazz285 13th Oct 17, 1:14 PM
    • 2 Posts
    • 0 Thanks
    dazz285
    Company/Supplier problem
    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
    • By bris 13th Oct 17, 1:36 PM
    • 6,937 Posts
    • 5,956 Thanks
    bris
    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.
    • dazz285
    • By dazz285 13th Oct 17, 2:28 PM
    • 2 Posts
    • 0 Thanks
    dazz285
    Thanks bris for the info. What's an LBA?
    Cheers
    • lincroft1710
    • By lincroft1710 13th Oct 17, 3:16 PM
    • 9,750 Posts
    • 7,765 Thanks
    lincroft1710
    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/
    • YORKSHIRELASS
    • By YORKSHIRELASS 14th Oct 17, 10:55 AM
    • 4,322 Posts
    • 34,938 Thanks
    YORKSHIRELASS
    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
    • By derrick 14th Oct 17, 11:08 AM
    • 6,941 Posts
    • 2,256 Thanks
    derrick
    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.
    Originally posted by YORKSHIRELASS

    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


    • YORKSHIRELASS
    • By YORKSHIRELASS 14th Oct 17, 11:18 AM
    • 4,322 Posts
    • 34,938 Thanks
    YORKSHIRELASS
    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.
    • derrick
    • By derrick 14th Oct 17, 11:26 AM
    • 6,941 Posts
    • 2,256 Thanks
    derrick
    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.
    Originally posted by YORKSHIRELASS

    Have you tried using the sim in a different phone?

    Can you receive and make calls?

    It could be the network if you are receiving some texts.

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


    • YORKSHIRELASS
    • By YORKSHIRELASS 14th Oct 17, 11:33 AM
    • 4,322 Posts
    • 34,938 Thanks
    YORKSHIRELASS
    Thanks, the first SIM I used was out of my old phone which had never had a problem. I rang BT and they reset my SIM which they said would resolve the problem. It didnt. I then rang them again and they sent me a completely new SIM. Still the same issues. About 2 in every 5 text messages just do not arrive.

    Calls are fine but this is a huge problem. Last week my son was ill and sent me two text messages asking if I could pick him and up and they have never arrived. He had no way of knowing I hadnt received them.

    I have spent so much time on this. I just want a completely new phone.
    • LilElvis
    • By LilElvis 14th Oct 17, 11:56 AM
    • 3,133 Posts
    • 8,704 Thanks
    LilElvis

    I bought the phone on 8 August. I spoke to an adviser on 14 September so within the 30 days.
    Originally posted by YORKSHIRELASS
    That's more than 30 days so outside the window for expecting a refund as a right.
    • YORKSHIRELASS
    • By YORKSHIRELASS 14th Oct 17, 12:36 PM
    • 4,322 Posts
    • 34,938 Thanks
    YORKSHIRELASS
    That's more than 30 days so outside the window for expecting a refund as a right.
    Originally posted by LilElvis
    Sorry yes I am so stressed about this my brain isnt working. The problem is that because I receive some text messages I didnt realise there was a fault straight away. Still think I should just be able to take the phone back but I am sure Argos are acting within the law.

    They also should have told me on 14 September that I would need to speak to Motorola (and they admit this) because I would have done that before now.
    • KeithP
    • By KeithP 14th Oct 17, 2:18 PM
    • 3,962 Posts
    • 2,215 Thanks
    KeithP
    ...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).
    Originally posted by YORKSHIRELASS
    He refused saying that I have to speak to Motorola first (which I cant do until Monday).
    Originally posted by YORKSHIRELASS
    You've been on MSE forums for eight years.

    It really is time you read MSE's Consumer Rights guide.

    Here is just one short extract:
    Know who's responsible

    When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

    If a company fobs you off by saying "go to the maker instead", it's wrong. It's the retailer's job to sort it.

    It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.
    The rest is worth reading too.
    .
    • DoaM
    • By DoaM 14th Oct 17, 4:30 PM
    • 3,333 Posts
    • 3,375 Thanks
    DoaM
    These texts that don't come through ... are they always from the same number(s)? Do any texts from these numbers come through?

    (My train of thought is that you may have inadvertently put those numbers into a block list on the new phone. What make/model is the phone?).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • YORKSHIRELASS
    • By YORKSHIRELASS 14th Oct 17, 4:52 PM
    • 4,322 Posts
    • 34,938 Thanks
    YORKSHIRELASS
    No it is all of my contacts. Comparing the messages my husband has sent to me on his phone with received messages on mine you will see that about half of the messages he has sent come through. Its completely random, 3 in a row will work then 3 will just not arrive. This is exactly the same with messages that the kids have sent me.

    I know what you are saying Keith but what do I do when the retailer absolutely refuses to accept that? I am off to read your links, thank you.
    • YORKSHIRELASS
    • By YORKSHIRELASS 14th Oct 17, 5:20 PM
    • 4,322 Posts
    • 34,938 Thanks
    YORKSHIRELASS
    Well. I have been back to Argos on the live chat, quoted the Consumer Rights Act to them and they are collecting the phone from me for a full refund. I have of course downloaded the transcript and asked them to clarify that I will get a full refund back to the card that I paid on which they did.

    Thank you so much everyone.
    • MoscowFlyer
    • By MoscowFlyer 16th Oct 17, 1:11 PM
    • 211 Posts
    • 59 Thanks
    MoscowFlyer
    Hi, quick question which is hopefully just a yes or no...

    Do gift vouchers purchased online still qualify for the 14 day cancellation period? Retailer is saying they won't refund. They obviously haven't been used.

    Thanks
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

50Posts Today

3,537Users online

Martin's Twitter
  • RT @LordsEconCom: On Tuesday Martin Lewis, Hannah Morrish & Shakira Martin gave evidence to the Cttee. Read the full transcript here: https?

  • Ta ta for now. Half term's starting, so I'm exchanging my MoneySavingExpert hat for one that says Daddy in big letters. See you in a week.

  • RT @thismorning: Can @MartinSLewis' deals save YOU cash? ???? https://t.co/igbHCwzeiN

  • Follow Martin