Consumer Rights: MoneySavingExpert.com discussion

Rioja

Thanks for your reply Art. The machine however is a few days short of being a year old. Originally it replaced a previous iPod which was no longer available so she upgraded to this (can't remember exactly but I think another £20-£30 was paid) by debit card. Will try them again tomorrow and see what they say now I have more knowledge of my rights from this board. Wish me luck
:beer:

Art_2

Rachel130171 wrote: »

Thanks for the advice. The money was taken from my credit card account. Does the same thing apply?

Yes, you are still protected if it was removed by direct debit.

Additionally, inform your credit card company of the problem and tell them that under the Consumer Credit Act 1975 they are equally liable and you look to them to resolve the problem.

Regards,
Art.

Am1000

Dear All

Have been an active reader of this site and browsed through the forum but never been compelled to post anything until now.

I’ve had new windows put in and wanted new curtains etc put in (all ridiculously expensive). Searched the internet for new curtain poles and ordered two for two very large bay windows at the cost of £530. Foolishly I didn’t read the terms and conditions of the transaction.

I received the order on the 23rd Jan and the earliest I could fit them is 2nd Feb (11 days after receiving the order). When the chap came to fit them, he said that the brackets were unsuitable and that a ceiling bracket would not be suitable as it would not be able to hold the weight of the pole/curtain. I emailed the company on 3rd Feb and he came back with this:

Unfortunately our returns policy states that goods have to be returned with 5 working days or 7 days including the weekends.

This is in accourance with the Sales of Goods Act. Please see our Terms and Conditions.

Returns Policy/Cancellations (Your Right to Cancel your Contract)
Customers have the right to return unopened goods within 5 days from date of receipt if not satisfied and will only be liable for their own carriage costs. This option does not apply to Made-to-Measure items or special orders. When returning goods, please ensure that they are packed sufficiently because we cannot accept goods that are damaged during their return. Damages due to insufficient packing will need to be claimed by you, from the company used to send the goods back to us. Please note that refunds will be for goods only and will not include any carriage costs paid to us. Where there are any discrepancies with any products this must be notified no later then 2 weeks from receipt of goods. (NOTE returned goods will be subjected towards a 20% handling charge.) (Poles that are MADE TO MEASURE include Gloss wood poles, Colourwash wood poles, Kasparov wood poles, Portfolio wood poles, Portfolio metal poles Wax wood poles, Contemporary wood poles, Classic wood poles and the Eaton metal poles.These come in component parts that are put together for customers lengths stated on the website.) Customers may also cancel their contract for goods ordered within 28 days without charge, ONLY applies to goods not yet received and does not apply to made to measure products), if after this period any cancellations will be subject towards a 20% cancellation fee. All telephone orders are at the responsibility of the customer to read our terms and conditions.
Upon receipt of delivery any missing parts must be notified in writing or by e-mail within 5 working days. Any damaged goods must be reported by e-mail 5 days from receipt or no liability can be accepted.
We do however have the option for Passing Brackets that attach to the ceiling which are slightly more expensive than the Wall fixing Passing brackets that would be suitable for your needs.

I.e. they have a 5 working day returns policy and then they will keep 20% “handling charge” (which in my case will be around £100, if they did accept the goods back)

Can this be right?

I’ve yet to get back in touch but want to know my legal position. My gut feeling is that “good will” won’t wash with him.

In need of some advice on what to do as at the moment of have £500 worth of curtain poles which are no use to me.

Am (sorry for the long post)

Art_2

Am1000 wrote: »

Dear All

Have been an active reader of this site and browsed through the forum but never been compelled to post anything until now.

I’ve had new windows put in and wanted new curtains etc put in (all ridiculously expensive). Searched the internet for new curtain poles and ordered two for two very large bay windows at the cost of £530. Foolishly I didn’t read the terms and conditions of the transaction.

I received the order on the 23rd Jan and the earliest I could fit them is 2nd Feb (11 days after receiving the order). When the chap came to fit them, he said that the brackets were unsuitable and that a ceiling bracket would not be suitable as it would not be able to hold the weight of the pole/curtain. I emailed the company on 3rd Feb and he came back with this:

Unfortunately our returns policy states that goods have to be returned with 5 working days or 7 days including the weekends.

This is in accourance with the Sales of Goods Act. Please see our Terms and Conditions.

Returns Policy/Cancellations (Your Right to Cancel your Contract)
Customers have the right to return unopened goods within 5 days from date of receipt if not satisfied and will only be liable for their own carriage costs. This option does not apply to Made-to-Measure items or special orders. When returning goods, please ensure that they are packed sufficiently because we cannot accept goods that are damaged during their return. Damages due to insufficient packing will need to be claimed by you, from the company used to send the goods back to us. Please note that refunds will be for goods only and will not include any carriage costs paid to us. Where there are any discrepancies with any products this must be notified no later then 2 weeks from receipt of goods. (NOTE returned goods will be subjected towards a 20% handling charge.) (Poles that are MADE TO MEASURE include Gloss wood poles, Colourwash wood poles, Kasparov wood poles, Portfolio wood poles, Portfolio metal poles Wax wood poles, Contemporary wood poles, Classic wood poles and the Eaton metal poles.These come in component parts that are put together for customers lengths stated on the website.) Customers may also cancel their contract for goods ordered within 28 days without charge, ONLY applies to goods not yet received and does not apply to made to measure products), if after this period any cancellations will be subject towards a 20% cancellation fee. All telephone orders are at the responsibility of the customer to read our terms and conditions.
Upon receipt of delivery any missing parts must be notified in writing or by e-mail within 5 working days. Any damaged goods must be reported by e-mail 5 days from receipt or no liability can be accepted.
We do however have the option for Passing Brackets that attach to the ceiling which are slightly more expensive than the Wall fixing Passing brackets that would be suitable for your needs.

I.e. they have a 5 working day returns policy and then they will keep 20% “handling charge” (which in my case will be around £100, if they did accept the goods back)

Can this be right?

I’ve yet to get back in touch but want to know my legal position. My gut feeling is that “good will” won’t wash with him.

In need of some advice on what to do as at the moment of have £500 worth of curtain poles which are no use to me.

Am (sorry for the long post)

If the goods delivered were as ordered then you have no right of rejection. Did the goods vary from what you ordered?

If you got what you ordered then a good will gesture is all you can expect.

Regards,
Art.

cypher915

Art wrote: »

Firstly, they can demand proof of purchase. In the absence of a receipt a bank or credit card statement will do. However, they seem to have acknowledged the goods were purchased from them by making an unacceptable offer.

If the goods are faulty they are obliged to refund/repair/replace under the Sale of Goods Act. If the goods cost £50 then this is the amount they must compensate you for. Do not accept £15 from them.

Regards,
Art.

Thanks for the advice. After obtaining the credit card statement Debenhams acknowleged selling the goods. They have refunded the full £50 back to the card.

Art_2

cypher915 wrote: »

Thanks for the advice. After obtaining the credit card statement Debenhams acknowleged selling the goods. They have refunded the full £50 back to the card.

Always good to hear of successes. Thanks for posting.

Regards,
Art.

overcharged

Hi Everyone,

I'd sincerely appreciate your thoughts and suggestions on my following imminent Tesco complaint.

I set up a "Tesco Internet Phone" account for my dad, a pensioner. He's not the most technically minded and has let me use his credit card to top up his "Tesco Internet Phone" account a few times.

I have also bought a "Tesco Internet Phone" voucher a couple of times from our local Tesco store. However, each time I requested a "Tesco Internet Phone" voucher from the cashiers they hadn't a clue what I was on about, despite selling the "Tesco Internet Phone" adaptors in their very store. I consulted the customer service counter and they informed me I should simply insist to any cashier that the facility to issue "Tesco Internet Phone" vouchers is on their tills.

Anyway, my dad decided to visit our local Tesco store to buy a "Tesco Internet Phone" voucher from one of the tills as I advised him (Tesco staff can print out these vouchers at their tills just like lottery 'Lucky Dip' lines). He asked for a "Tesco Internet Phone" voucher and paid £10. He was handed a receipt, and a separate slip with a voucher code on it, and brought them home.

Once home he showed he voucher to me.It was a voucher for "Tesco Mobile", which is useless.

I told him to return to the store and request a full refund. He returned to the store, but by this stage had lost his voucher with the "Tesco Mobile" code number on it.

However, he still had his bar-coded, reference numbered, time-stamped Tesco receipt which details "TSC E VOUCHER 10.00", "TOTAL 10.00" and "Please Keep Safe and take to the Customer Service Desk in case of Refund."

My dad went to the customer service desk in the store, and the manager informed him they will not issue him with a refund unless he produces the separate slip (voucher) with the "Tesco Mobile" code number on it.

My dad was pretty upset and embarrassed and I would like to write a complaint to Tesco and get him his £10 back.

I think the Tesco Head Office address is: Tesco Customer Service, Freepost SCO2298, Baird Avenue, Dundee, DD1 1YP. Would that be correct?

In my complaint I'm thinking of mentioning:

1. The full details of my dad's "Tesco Internet Phone" account to prove he uses the service (he has topped up £10 on each occasion previously, as opposed to the £5 and £20 options available...therefore his latest attempt to top up £10 is consistent with his routine)

2. Suggest Tesco investigate the details of the receipt we have in our possession (bar-coded, reference numbered, time-stamped) and link it to the "Tesco Mobile" code they issued my dad to prove the "Tesco Mobile" code has not been used. They can then cancel that "Tesco Mobile" code so it can't be used

3. The fact that I have prevously had experience of cashiers mistaking my "Tesco Internet Phone" voucher requests for "Tesco Mobile" (implying the majority of cashiers have not been adequately trained by Tesco to be aware of this voucher facility on their tills)

Again, any ideas about how I might word my complaint or even if I'm going the right way about this would be greatly appreciated.

Art_2

overcharged wrote: »

Hi Everyone,

I'd sincerely appreciate your thoughts and suggestions on my following imminent Tesco complaint.

I set up a "Tesco Internet Phone" account for my dad, a pensioner. He's not the most technically minded and has let me use his credit card to top up his "Tesco Internet Phone" account a few times.

I have also bought a "Tesco Internet Phone" voucher a couple of times from our local Tesco store. However, each time I requested a "Tesco Internet Phone" voucher from the cashiers they hadn't a clue what I was on about, despite selling the "Tesco Internet Phone" adaptors in their very store. I consulted the customer service counter and they informed me I should simply insist to any cashier that the facility to issue "Tesco Internet Phone" vouchers is on their tills.

Anyway, my dad decided to visit our local Tesco store to buy a "Tesco Internet Phone" voucher from one of the tills as I advised him (Tesco staff can print out these vouchers at their tills just like lottery 'Lucky Dip' lines). He asked for a "Tesco Internet Phone" voucher and paid £10. He was handed a receipt, and a separate slip with a voucher code on it, and brought them home.

Once home he showed he voucher to me.It was a voucher for "Tesco Mobile", which is useless.

I told him to return to the store and request a full refund. He returned to the store, but by this stage had lost his voucher with the "Tesco Mobile" code number on it.

However, he still had his bar-coded, reference numbered, time-stamped Tesco receipt which details "TSC E VOUCHER 10.00", "TOTAL 10.00" and "Please Keep Safe and take to the Customer Service Desk in case of Refund."

My dad went to the customer service desk in the store, and the manager informed him they will not issue him with a refund unless he produces the separate slip (voucher) with the "Tesco Mobile" code number on it.

My dad was pretty upset and embarrassed and I would like to write a complaint to Tesco and get him his £10 back.

I think the Tesco Head Office address is: Tesco Customer Service, Freepost SCO2298, Baird Avenue, Dundee, DD1 1YP. Would that be correct?

In my complaint I'm thinking of mentioning:

1. The full details of my dad's "Tesco Internet Phone" account to prove he uses the service (he has topped up £10 on each occasion previously, as opposed to the £5 and £20 options available...therefore his latest attempt to top up £10 is consistent with his routine)

2. Suggest Tesco investigate the details of the receipt we have in our possession (bar-coded, reference numbered, time-stamped) and link it to the "Tesco Mobile" code they issued my dad to prove the "Tesco Mobile" code has not been used. They can then cancel that "Tesco Mobile" code so it can't be used

3. The fact that I have prevously had experience of cashiers mistaking my "Tesco Internet Phone" voucher requests for "Tesco Mobile" (implying the majority of cashiers have not been adequately trained by Tesco to be aware of this voucher facility on their tills)

Again, any ideas about how I might word my complaint or even if I'm going the right way about this would be greatly appreciated.

The address you give is not their head office.

Write to Sir Terry Leahy the Chief Executive at their head office :

Tesco Stores plc.,
Cheshunt,
Herts.

Give him the information you have shared with us and I'm sure you'll get your refund. He might even send you an extra voucher as a gesture of goodwill.

Regards,
Art.

overcharged

That's great Art I'll give that a try! Thanks for the advice :T

Shipperman

Art wrote: »

They're right if you were saying there was an inherent fault with the product but you're not. You are going down the 'reasonability' route. Write and point this out and tell them if they don't accept this you will go to the Small Claims Court.

Regards,
Art.

I'm still struggling with this - once I got the Credit Card Company involved Empire about turned and asked to see Reports & Costs on the repairs required to the TV - I told them due to their lack of interest I had not been prepared to be without a TV for 2 months so I paid to have the TV repaired and they said if I sent them the Receipted Invoice they would consider making a contribution I also pointed out that I had retained the faulty items for their inspection if required - they have now telephoned to say they have spoken to the Engineer who carried out the repair and as he says it was wear & tear that could have happened during the first or for that matter the 10th year of use they won't pay anything which at the time he repaired the TV was not what he told me - he said components had simply failed after only 2 years 10 months and the total cost of repair was £152.00 - any further advice would be appreciated