Consumer Rights: MoneySavingExpert.com discussion

TheNeil

Art wrote: »

If you have a clear contract signed for the lower amount, write, recorded delivery, to the dealership's MD telling him you expect him to honour the price or refund your money. Tell him you expect an answer within 3 days or you will regard the contract as cancelled and if need be go to the Small Claims Court. Tell him that no order should be placed until the matter is resolved.

Don't waste any time on dealing with this as once your order is in production it will be harder to resolve.

Regards,
Art.

Thanks Art.

It's a clear contract with the figures clearly written. I went with my other half to the garage tonight and spoke to the manager (right nasty piece of work - I can see why his sales staff are complete <insert rude word here>s). He said we needed to submit our cancellation in writing...which we'd already written, printed out and taken with us so we handed it over there and then (he wouldn't give us a recipt though to prove that he'd accepted it. Claimed he couldn't sign anything - nice friendly guy to be sure)(recorded delivery post would have been a way around the problem but my girlfriend just wanted this sorted ASAP - I can hardly blame her).

As they hadn't placed the order with the manufacturer there shouldn't be a problem (even if he reckons it'll take time to sort out the refund - amazing how quick they take money but it takes just that little bit longer to refund it). The <insert VERY rude word here> then turned round and said that it was us who were in the wrong as we should have pointed out, at the time, that the contract was wrong and, by walking out and not saying anything, we were in the wrong. I asked if he'd have done that should the roles have been reversed and, of course, he said that he would. His nose may have grown three feet longer at this point, it was difficult to tell.

Unbelieveable that they expect us to check a contract that they're signing. Nasty little man and if anyone wants to know where this delightful dealership is (just for future avoidance) I'm more than happy to name names.

Art_2

TheNeil wrote: »

Thanks Art.

It's a clear contract with the figures clearly written. I went with my other half to the garage tonight and spoke to the manager (right nasty piece of work - I can see why his sales staff are complete <insert rude word here>s). He said we needed to submit our cancellation in writing...which we'd already written, printed out and taken with us so we handed it over there and then (he wouldn't give us a recipt though to prove that he'd accepted it. Claimed he couldn't sign anything - nice friendly guy to be sure)(recorded delivery post would have been a way around the problem but my girlfriend just wanted this sorted ASAP - I can hardly blame her).

As they hadn't placed the order with the manufacturer there shouldn't be a problem (even if he reckons it'll take time to sort out the refund - amazing how quick they take money but it takes just that little bit longer to refund it). The <insert VERY rude word here> then turned round and said that it was us who were in the wrong as we should have pointed out, at the time, that the contract was wrong and, by walking out and not saying anything, we were in the wrong. I asked if he'd have done that should the roles have been reversed and, of course, he said that he would. His nose may have grown three feet longer at this point, it was difficult to tell.

Unbelieveable that they expect us to check a contract that they're signing. Nasty little man and if anyone wants to know where this delightful dealership is (just for future avoidance) I'm more than happy to name names.

Even though you have handed them a cancellation letter it is still best to follow this up with a recorded delivery one confirming the information you gave them by hand. I would also tell them that if your deposit is not with you in 3 days you will go to the Small Claims Court where they will incur further expense.

Regards,
Art.

Art_2

jenaimepastacopine wrote: »

Help! On 31st July this year I went to Phones4u an signed a new mobile phone contract with Vodafone, £40 a month with a free Samsung U600. It is now November and for the past month, on and off, my phone has crashed when trying to send a text message.

I am a little confused as what to do. Who do I take this up with - Samsung, Vodafone or Phones4u? I want the phone fixed or replaced as I think that a phone should still be able to handle sending texts after less than 5 months. What are my rights please people !? Also would I be able to cancel the contract because of this? Thank you!

The responsibility is with the retailer, Phones4U. Tell them that under the Sale of Goods Act they are responsible for sorting the phone out. If they choose to involve the manufacturer then that is up to them.

From previous experience of this company I suggest you send a recorded delivery letter to the Store and a copy to their head office.

So long as they sort out the problem I don't think the fault is one that will allow you to cancel your contract.

Regards,
Art.

derrick

Art wrote: »

When calling Consumer Direct on 08454 04 05 06 your call is automatically connected to the nearest centre to where you are calling from that has a free agent to talk to you. Calls cost 3p per minute.

The geographic numbers don't always work as stated by Consumer Direct.

Regards,
Art.

But mostly they do work, also a geographical call,(01/02), can cost 0p per minute, if using the likes of 18866 or similar, 0p per minute if on an all inclusive landline package, and for calls from a BT landline calls to geo numbers,(01/02), are 4.5p for up to 1 hour 1800-0800.

All calls to 0845 from a BT line cost 2p per minute 0800-1800, and 0.5p per minute 1800-0800, they will cost more from all other landlines,(and are not included in paid for bundles), they cost 11p per minute from a payphone and up to 40p per minute from a mobile,(and not included in paid for bundles).

Therefore, especially if you have inclusive minutes, it will be cheaper to try/use a geographical number

For savvy users on this forum it will always be cheaper to phone a geo number than an 084 number.

shaggy

Hi all

Its time I called upon the help of this thread again after the last successfull small claims court against Argos :money:

Anyway, to cut a long story short -

July 2007 - buy mobile phone contract from E2save. Includes 3 month 'free' insurance which I fully intend to cancel.

Phone delivered but no insurance documents. I then forget about it, thinking maybe I havent got the insurance so no need to cancel it.

Cue back to this month - i notice a DD payment for £5.99 from carphone warehouse from my bank account. I immediately cancel it, then discover they'd been taking the same amount out over the last couple of months as well so lucky I'd noticed it.

I called carphone warehouse, who said they will cancel the insurance and will let me know by letter in 7-14 days whether they will refund the £12 they took out without my knowledge.

Today I get a letter saying no they cant refund me the money as I took out a phone contract with my full knowledge that there was insurance included in the package as well and if I wanted to cancel it, i should have told them within 3 months or the 14 day cooling off period.

Isnt this really sneaky of them and totally against the law? Firstly, they never send me ANY insurance terms and conditions so I had no opportunity to agree or disagree with their terms. Secondly, they then proceed to take out money from my bank without my knowledge.

I know its a small matter of only £12 but its the principle and their cheekiness which really bothers me. Please can people advise on what i should write back ? Can I report them to the insurance ombudsman? Am I within my rights to ask them to send me proof that they sent me the insurance docs ?

Art_2

shaggy wrote: »

Hi all

Its time I called upon the help of this thread again after the last successfull small claims court against Argos :money:

Anyway, to cut a long story short -

July 2007 - buy mobile phone contract from E2save. Includes 3 month 'free' insurance which I fully intend to cancel.

Phone delivered but no insurance documents. I then forget about it, thinking maybe I havent got the insurance so no need to cancel it.

Cue back to this month - i notice a DD payment for £5.99 from carphone warehouse from my bank account. I immediately cancel it, then discover they'd been taking the same amount out over the last couple of months as well so lucky I'd noticed it.

I called carphone warehouse, who said they will cancel the insurance and will let me know by letter in 7-14 days whether they will refund the £12 they took out without my knowledge.

Today I get a letter saying no they cant refund me the money as I took out a phone contract with my full knowledge that there was insurance included in the package as well and if I wanted to cancel it, i should have told them within 3 months or the 14 day cooling off period.

Isnt this really sneaky of them and totally against the law? Firstly, they never send me ANY insurance terms and conditions so I had no opportunity to agree or disagree with their terms. Secondly, they then proceed to take out money from my bank without my knowledge.

I know its a small matter of only £12 but its the principle and their cheekiness which really bothers me. Please can people advise on what i should write back ? Can I report them to the insurance ombudsman? Am I within my rights to ask them to send me proof that they sent me the insurance docs ?

As you say, it's a small amount and not worth taking legal action over. Carphone Warehouse have, however, behaved unprofessionally. I should write to Charles Dunstone, the CEO, and point out the problem and ask him to deal with this for you.

As you suggest it would be worth writing to the ombudsman as well as demanding proof of what you have purchased.

Regards,
Art.

ShowMeTheMoney_3

I am surprised that consumerdirect.gov.uk has not been mentioned in the article. Free very helpful advice, in my experience more helpful than CAB, and give you a reference number if you need to phone them again. They also picked up the phone straight away.

Art_2

ShowMeTheMoney wrote: »

I am surprised that consumerdirect.gov.uk has not been mentioned in the article. Free very helpful advice, in my experience more helpful than CAB, and give you a reference number if you need to phone them again. They also picked up the phone straight away.

if you look back through the thread you will find consumerdirect.gov.uk has been mentioned on a number of occasions.

Regards,
Art.

ShowMeTheMoney_3

Thanks I knew someone was going to say that.

I did search tho.

adenewton

Brought a TV in September from a company that sells ex-display, end of line, graded tv's.

tv developed a fault a couple of weeks ago, half the screen was white.

took it back 2 weeks ago tuesday for repair, told me to phone on thursday before last for an update, which i did, was told someone would call me back.

Same procedure followed until the following Wednesday when I got a bit grotty, and was told it was repaired and someone would call me back to let me know when i could collect. No one called. Phone back next day asking if i could pick it up on Friday because i was off work, and would make life easier. Arrived, was told i was getting a replacement. Same model, different tv.

So, friday evening, fine. Last night, turns off by itself, and standby led is blinking at me. Googled the philips blinking code but can't find anything on the specific pattern, but i assume something has gone on the board inside.

So this one has failed to last 48 hours.

Obviously i'm a bit vexxed, shouldn't have gone down the 'graded' route to start with. Lesson learned.

Am i within my consumer rights to phone on monday, and demand a refund even though i've let them 'repair' the product. Taking into account i was given a different tv (not the same one) and both have developed faults. THe second in less than 48 hours.

Even though the purcahse is now 3 months ago. I get a 12 month guarnetee but i don't want another graded tv for it to possibly die 10 months later and no longer be under guarnetee. Am willing to now go to comet where they have the same tv where i can purchase online and collect for just £85 more but at least i'll know i'll be getting something boxed and brand spanking new.

Help, As i'd like some material to quote if possible. At the moment i've got 'the goods are not of a satisfactory quality' and the 'the goods were more than likely inheriently faulty before i took them off the premesis'

Which i think works in my favour as it's been less than 6 month's since I purchased.

As I have no doubt this place just buys pallets of faulty tv's in from argos/comet etc fixes them up and resells them.