Consumer Rights: MoneySavingExpert.com discussion

pinkgem

wishiwasarichgirl wrote: »

I think a lot of places work on the basis that if it happens in the shop then they will compensate you, once you take the goods out of the shop they are yours so it your responsibility to look after them properly (ie, don't put liquids in a bag with electricals).

Some places will be more generous than others - did your mum actually speak to a manager or just a shop-girl? Might be worth writing a letter of complaint, won't hurt.

my mum spoke to the owners. it happened in the shop as it started leaking before she left the shop as there was a trail of liquid from the till and out on the pavement and in to the next shop! that is how the owner noticed it was leaking and went outside to find my mum to tell her.

pinkgem

wishiwasarichgirl wrote: »

home insurance normally covers belongings in handabags. not all will cover mobile phones though. worth checking if you get no joy from the shop.

i suppose it depends if my parents have personal posessions/away from home cover, although i would think the excess may make it not worth claiming for.

fisher-man_2

mrsv05 wrote: »

it wouldnt even enter my head to complain. id figure it was my fault for not keeping it upright. what a blame culture we are becoming !!

I agree, sad that it's always somebody else's fault. What ever happened to accepting responsibility for your own actions, who would buy a liquid of any type and not check it was stored upright and the lid was secure?

pinkgem

well i'm not sure why the shop are attempting to claim on their insurance if they think it was my mums responsibility. the owner of the shop blamed the factory for not ensuring the lid was on correctly.

kiddy_guy

Sorry guys - the shop is liable, who will in turn pass the costs onto the manufacturer if the product is faulty.

I used to work for a bleach provider to the major supermarkets - when the bottles leaked, they would pass the costs straight back to us if we were liable for the fault, which in this case, seems evident.

jbaines2615

I bought a relitively expencive (£250) DVD recorder/ Video recorder combo from comet a while ago (about 2 years), but after only 13 or 14 months it started not to play some recorded DVD's (just incase anyone is wondering, I' talking about things recorded from the telly and home videos) It would usualy however play the stuff recorded on it from the telly. I went back to comet and they told me they had nothing to do with it as it was over a year old and their warrenty had run out. It now no longer recognises any recordable DVD so its function as a dvd recorder is compleatly gone. Now, I thought I had no rights however reading some of the things here, i wonder... Firstly i would imagine 1 year to be less than a reasonable amount of time for a dvd & video recorder to last. You cannot be expected to shell out and replace a high end product once a year. Secondly, I cant be sure but warentys generaly cover machanical/electrical breakdown, this was clearly an inherent fault as it is far too soon for wear and tear to take place and it started to deteriorate immediately (first it would recognise the type of dvd immedietly, then it would take a 30seconds or so, then a minute or two. I took it in at that point) so electrical breakdown cannot be to blame, at least not in the way warrentys generaly cover. So since I bought it clearly with a fault that didnt show its true face for some time and it didnt last a reasonable length of time and I took it in when the fault became obviouse do I have any rights?

Art_2

jbaines2615 wrote: »

I bought a relitively expencive (£250) DVD recorder/ Video recorder combo from comet a while ago (about 2 years), but after only 13 or 14 months it started not to play some recorded DVD's (just incase anyone is wondering, I' talking about things recorded from the telly and home videos) It would usualy however play the stuff recorded on it from the telly. I went back to comet and they told me they had nothing to do with it as it was over a year old and their warrenty had run out. It now no longer recognises any recordable DVD so its function as a dvd recorder is compleatly gone. Now, I thought I had no rights however reading some of the things here, i wonder... Firstly i would imagine 1 year to be less than a reasonable amount of time for a dvd & video recorder to last. You cannot be expected to shell out and replace a high end product once a year. Secondly, I cant be sure but warentys generaly cover machanical/electrical breakdown, this was clearly an inherent fault as it is far too soon for wear and tear to take place and it started to deteriorate immediately (first it would recognise the type of dvd immedietly, then it would take a 30seconds or so, then a minute or two. I took it in at that point) so electrical breakdown cannot be to blame, at least not in the way warrentys generaly cover. So since I bought it clearly with a fault that didnt show its true face for some time and it didnt last a reasonable length of time and I took it in when the fault became obviouse do I have any rights?

After six months it is up to you to prove an inherent fault. To do this you will have to get an engineer's report.

Comet is wrong, however, that your warranty has run out. You are protected up to 6 years. It is not reasonable that a unit like this should stop working after 2 years. Tell Comet they are responsible under the Sale of Goods Act and tell them you will go to the Small Claims Court if they don't deal with the problem.

I would suggest a recorded delivery letter to Comet's head office for the attention of their MD.

Regards,
Art.

jbaines2615

Thanks, I will do that. Should I get and send the report aswell or wait to see what comet say first??

Art_2

jbaines2615 wrote: »

Thanks, I will do that. Should I get and send the report aswell or wait to see what comet say first??

You're going to have to pay for a report so don't do that for now. Write to Comet and if they think you are serious, and know what you are talking about, it might bring them to their senses.

You could even go to the Small Claims Court without a report but they may ask you to get one before they reach a judgment.

Regards,
Art.

D_e_n_i_s_e

agree with badmumof1 and some of the others

that it is and was your mums responsibility to check if the bottle top was secured and not leaking.

also plenty of shops have there own carrier bags, she could have asked for one of them at least that would have saved her handbag and phone.

your mum is lucky, it was just a phone and a handbag, my neighbour had her boot full of paint after one tipped over (on which the lid wasnt secure) - it was a brand new VW an all. the cost of valeting and removal of the paint was £300!!! :eek:

she just put it down to experience saying
A) she should have checked and secured the tubs and
Taken her crappy runabout dihatsu instead! :rotfl: