Consumer Rights: MoneySavingExpert.com discussion

*manda*

Not convinced on who's responsibility this really is as we had a problem many years back with a bottle of bubble bath that my mum brought as part of my sisters birthday presents. It leaked through the wrapping paper and the dye from the paper stained our carpet. I phoned up the makers who sent someone over to clean or replace the entire carpet (Whatever was needed- turned out stain removers/thorough cleansing worked) they obviously refunded the bubble bath, and sent us £30 worth of vouchers plus several more bottles of bubble bath.

The reason they did it was that by complaining they had to investigate the packaging and they realised it wasn't secure enough thus had to accept it was their fault and they then redesigned the lids to prevent any further incidents.

At the end of the day, i'd phone whoever made the product not the shop- as it isn't the shops fault, and see what they do. Nothing ventured, nothing gained.

bbear69

got a plasma from panasonic about 4 weeks ago and it was buzzing when the screen went black, they have sent it back for repair which was 1 week ago and was told yesterday that they have ordered a part which will take 1 week coz its got to come from abroad, so it will be about 3 weeks that we will of had our tv in repairs, we have been given a replacement set but are worried that if we get it back and there is still a problem we waved away are consumer rights over getting a new tv

basically if ours comes back and its still faulty will we still be entitled to a new tv

thanks


Also why im here lol
i have a tumble drier that we have had for 2yrs, we have a 5yr extended guarantee and it has been nothing but a nuisance since we have had it
we have had a engineer out 7 times so far with faults
i have asked Comet and they say they will only replace it if the engineer rights it off

is this right or can i claim for a new drier;)

Art_2

bbear69 wrote: »

got a plasma from panasonic about 4 weeks ago and it was buzzing when the screen went black, they have sent it back for repair which was 1 week ago and was told yesterday that they have ordered a part which will take 1 week coz its got to come from abroad, so it will be about 3 weeks that we will of had our tv in repairs, we have been given a replacement set but are worried that if we get it back and there is still a problem we waved away are consumer rights over getting a new tv

basically if ours comes back and its still faulty will we still be entitled to a new tv

thanks


Also why im here lol
i have a tumble drier that we have had for 2yrs, we have a 5yr extended guarantee and it has been nothing but a nuisance since we have had it
we have had a engineer out 7 times so far with faults
i have asked Comet and they say they will only replace it if the engineer rights it off

is this right or can i claim for a new drier;)

On your first problem, when you get the TV back make it clear that if the fault reappears you will not accept a further repair but will only accept a refund or a new TV. Put this in writing to the retailer. You have not lost your protection enshined in consumer law.

On the second point Comet is correct. They are only obliged to replace it if they can't repair it. Has the fault been the same one each time?

Regards,
Art.

bbear69

Thanks for that your helps much appreciated :beer:

With regards to the tumble dryer, it's had two separate issue's, the first was a problem with the thermostat, this was eventually replaced after the 4th call out, the second problem is it making it a really loud grinding noise, it's been fixed twice, the last time was a weeks ago which fixed the problem for a few day's but is back again.

So far they've been out 7 times:-

27 mar 2006
9 may 2006
24 nov 2006
21 may 2007
18 june 2007
16 jan 2008
22 feb 2008

Comet are coming out again on Wednesday.:rolleyes:

Art_2

bbear69 wrote: »

Thanks for that your helps much appreciated :beer:

With regards to the tumble dryer, it's had two separate issue's, the first was a problem with the thermostat, this was eventually replaced after the 4th call out, the second problem is it making it a really loud grinding noise, it's been fixed twice, the last time was a weeks ago which fixed the problem for a few day's but is back again.

So far they've been out 7 times:-

27 mar 2006
9 may 2006
24 nov 2006
21 may 2007
18 june 2007
16 jan 2008
22 feb 2008

Comet are coming out again on Wednesday.:rolleyes:

In view of your comments I would suggest you write to Comet's head office, recorded delivery, tell them the history of your machine. Tell them you will allow one more attempt at repair but if the problem re-occurs you will expect a replacement as there is obviously an inherent fault, and if they won't agree you will go to the Small Claims Court.

regards,
Art.

Tobscar

Hi I was wondering if anyone has had any experience of goods being delivered after the order had been cancelled and what usually happens...

Basically I pre-ordered Wii play + remote before christmas but cancelled the order due to getting one from somewhere else. Then just before xmas the order turned up, I checked my order history and it still stated that it had been cancelled.

Today I received a letter from the company which states,

Dear Mrs xxxxxx

We have received a communication concerning Wii Play and remote.
On checking your card was refunded on 24/11/07 for the value of this item.
Our carrier has informed me that this item was delivered on 20/12/07.

Yours sincerely
xxxxxxx

What am I supposed to do now as they don't really say what happens next? TIA

Art_2

Tobscar wrote: »

Hi I was wondering if anyone has had any experience of goods being delivered after the order had been cancelled and what usually happens...

Basically I pre-ordered Wii play + remote before christmas but cancelled the order due to getting one from somewhere else. Then just before xmas the order turned up, I checked my order history and it still stated that it had been cancelled.

Today I received a letter from the company which states,

Dear Mrs xxxxxx

We have received a communication concerning Wii Play and remote.
On checking your card was refunded on 24/11/07 for the value of this item.
Our carrier has informed me that this item was delivered on 20/12/07.

Yours sincerely
xxxxxxx

What am I supposed to do now as they don't really say what happens next? TIA

I'm assuming that you don't want the goods. In this case write to the company and tell them this and ask them to arrange to pick up the goods in the next 10 days. They are responsible for arranging the pick-up and for paying for all postage charges. So long as you are not being unreasonable you can state a time that you will be available to hand over the goods to their courier. If you have opened the goods tell them to send you suitable packaging. Get a signature from the person collecting from you.

It is for them to make all the arrangements. Don't get involved in packing the goods and posting back to them. It is possible you will never get your costs back.

Be careful because presumably they still have your card details. Inform your card company not to make any payment to them.

If after a reasonable period of time they have not collected the goods you can write to them telling them that as they have not picked them up you assume they no longer want them back and you will dispose of them as you see fit.

Regards,
Art.

overcharged

"
Originally Posted by overcharged
Hi Everyone, I would sincerely appreciate any suggestions on the following problem I have concerning
defective goods, where the defect has only really ‘kicked in’ soon after the 12 month warranty
expired. Ideally I would like the item replaced by Amazon.co.uk. I wrote to Amazon.co.uk on 19th July 2007 about a defective £295 Sony DVD Recorder
RDR-HX510 with 80GB Hard Drive I had purchased from them for my pensioner father on 10th
December 2005. Amazon.co.uk referred me to Sony, the manufacturer, who quoted at least £150 in repair costs. I’m wondering if I have any rights to pursue this with Amazon.co.uk (the Sale of Goods Act 1979
as amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to
Consumers Regulations 2002) and, if so, what should I say to Amazon.co.uk? Mr Lewis (moneysavingexpert.com) mentions “After 6 months you must prove they WERE
faulty when you bought them…By law you have up to six years to make a complaint, but this
doesn't mean goods must last six years, they must last what most people would consider to be
a ‘reasonable' length of time. So if there is wear and tear that breaks the product then the
likelihood is you have no claim. Yet if it was an unreasonable fault, you do.” The Trading Standards website mentions “The Sale of Goods Act 1979 (as amended) says
that goods should be…of satisfactory quality… Satisfactory quality includes the appearance
and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)” Ever since the day I received it my father wanted to tolerate its minor glitches (such as it not
recording programmes despite correctly setting the timer) but unfortunately within the 2nd
year of use it really went downhill.It is still possible to play DVD's and programmes already stored on the Sony DVD
Recorder RDR-HX510, but it is no longer possible to set it to record anything. It is in
perfect condition and hasn't received any knocks or anything like that. It just seems as if the
internal computer-type system it uses has gone haywire.Again, any suggestions or thoughts very welcome."

Art wrote: »

I think you have a case under the 'reasonability' clause of the SoGA. It is not reasonable for such a product to stop working after such a short period of time.

Write to Amazon pointing out it is their responsibility, not Sony's, to sort out the problem. Tell them you want the unit repaired free of charge. If they refuse to help tell them you will go to the Small Claims Court.

Also, how did you pay for the recorder? If you paid by credit card inform your card company of the problem and tell them you hold them equally responsible. Ask them to put pressure on Amazon to deal with the problem.

Regards,
Art.

The rats - just sent me a standardised 'blurb'. Should I now mention Small Claims Court or perhaps insist that the CS rep who receives the email escalates my email correspondence to the Amazon 'Hardlines' (who deal with electronics?).

Any suggestions much appreciated

"Dear Customer

Thank you for writing to us at Amazon.co.uk.

All electronic items purchased from Amazon.co.uk come with a one year warranty from the manufacturer, unless otherwise stated.

As you purchased this item more than 12 months previously, we are unable to offer you any reimbursement.

We recommend consulting the manual that came with the package for warranty and service information.

We currently do not offer an extended warranty on the electronics items sold on our website. We recommend consulting the manual that came with the package for warranty and service information.

Should you require to make a claim for any electronics item purchased from Amazon.co.uk please inform them that you bought your item from us.

You should find that they only require the following information:

* Serial number
* Defect information
* Place of purchase
* Date of purchase
* your contact details

Please let us know if we can be of any further assistance, and thank you for shopping at Amazon.co.uk.

Please let us know if this e-mail answered your question:

If yes, click here:

If not, click here:


Please note: this e-mail was sent from an address that cannot accept incoming e-mail.

To contact us about an unrelated issue, please visit the Help section of our website.

Warmest regards


Arun S
Amazon.co.uk"

Tobscar

Art wrote: »

I'm assuming that you don't want the goods. In this case write to the company and tell them this and ask them to arrange to pick up the goods in the next 10 days. They are responsible for arranging the pick-up and for paying for all postage charges. So long as you are not being unreasonable you can state a time that you will be available to hand over the goods to their courier. If you have opened the goods tell them to send you suitable packaging. Get a signature from the person collecting from you.

It is for them to make all the arrangements. Don't get involved in packing the goods and posting back to them. It is possible you will never get your costs back.

Be careful because presumably they still have your card details. Inform your card company not to make any payment to them.

If after a reasonable period of time they have not collected the goods you can write to them telling them that as they have not picked them up you assume they no longer want them back and you will dispose of them as you see fit.

Regards,
Art.

Thanks for replying, no I don't want it, it's been sat in a cupboard for the past 2 months waiting to see if they realised their mistake and now they have done even though its taken them 2 months :rolleyes:

lynne72

I bought a Toshiba laptop from BT shop for £650.00 in January 2006 I have used it as an office based (ie doesn't get moved about) laptop at home until beginning of December 2007 when I switched it on and it worked but a couple of hours later it just went off with no power to it at all. I have bought a new charger but it isn't that. I contacted BT who I bought it from who say that it is nothing to do with them and it is out of the 12 month warranty period and I wrote to them saying they had 14 days to repair or replace my laptop otherwise I would take them to small claims court unde the Sale of Goods Act based on the laptop being of reasonably high end specification not lasting a reasonable length of time, they ignored my letter and I am currently in the process of taking them to court. BT have responded with a defence so it looks like I'll be heading off to court!!!!! I have also contacted a couple of companies to try and get a written report on how long a laptop of this spec should last and just keep getting told to contact Toshiba but I doubt they are going to write a report if it means 'droppng BT in it' - any ideas!!