Consumer Rights: MoneySavingExpert.com discussion

Art_2

paulrichardirwin wrote: »

Hello Everyone, i ordered a Toshiba TV 42Z3030db using the price checker utilities on this website.

It arrived on Tuesday when i was away working, my partner was in and she was asked to check the screen. They pulled down the protective covering, leaving it in the polystyrene to keep it stood up and plugged it in. The screen turned blue, my partner signed for it and they left.

The reason that the TV was not plugged in and tested fully: we are in the middle of decorating and we wanted the tv left in the box to put in the sitting room.

I have just finished decorating, phoned virgin to tell them i have HDTV and plugged in tv. I have just noticed that there is a massive crack in the bottom of the tv, something that my partner could never see as the set was in the polystyrene still, the polystyrene was supporting the tv set and covered the crack.

There is no way she could have lifted the tv out, they were mad keen to have her sign the form to say that it was delivered ok.

This was not damaged by us, the bottom corner is fully embraced in the polystyrene and it is used as the "foot" to hold up the screen. I have just emailed them and informed them of the damage, i paid for the TV on the 12th of this month, it was delivered on the 16th and i emailed them regarding the damage on the 20th.

Where do i stand, what do i do, do i have a leg to stand on legally?

What should i do, it cost a great deal of money and it was stored until last night in the box. I am so worried about this, please help!

Write to the retailer rejecting the TV as not being of merchantable quality. Give them 7 days to replace or refund you or tell them you will go to the Small Claims Court. If you paid with a credit card write to your card company telling them they are equally liable and ask them to deal with the problem.

Regards,
Art.

Art_2

crossmaglen wrote: »

Hi

Not Sure If I'm In The Right Forum But I Was Shopping In Marks & Spencers @ Sprucefield Lisburn Northern Ireland When I Saw A Pair Of Cropped Trousers That I Liked But One Pair Was Marked £9.50 And The Others Had The Bottom Of The Price Label Pulled Off And Replaced With A Sticker For £12. Went To The Customers Service And Asked Why There Were Two Different Prices For The Same Item. I Was Told Will She Pulled Off The £9.50 Part)that There Had Been Error When Printing The Labels And That All The Bottoms Of The Original Labels Were To Be Pulled Off And The Replacement Stickers Attached.
Can Any One Tell Me If This Is Legal Are Stores Allowed To Pull Original Prices Off And Replace Them With A Higher Price?

Yes, it is legal although a little unfair particularly from a company like M & S.
Speak to their customer service manager about it.

A price on an article is simply an offer to trade and can be withdrawn by the retailer up to the time that a customer pays for the item.

Regards,
Art.

Art_2

full-time-mum wrote: »

I purchased a shirt last week for my OH. It was hung on a hanger and labelled as reduced and unrefundable because it had no packaging. I checked it over and it was a bit grubby but that was all. I brought 2 other shirts of the same make and size at full price.

When OH tried it on, the sleeves were 2 inches too short and the rest of the shirt was tight. The collar wouldn't fit round him. We always buy this make and always this size. Measuring it against the other shirts, it is obviously mis-sized.

Do we have a case for returning it? If it had been highlighted as mis-sized, I would never have brought it without trying it on or measuring it against another shirt.

I accept that if it had a pulled thread or didn't wash up, then I wouldn't have a case but, IMHO, this is totally different.

Sounds like the labelling is incorrect. Return it to the retailer and ask for a refund.

Regards,
Art.

full-time-mum

Art wrote: »

Sounds like the labelling is incorrect. Return it to the retailer and ask for a refund.

Regards,
Art.

I'm going to try although I suspect they will argue the toss as it was labelled as non-refundable due to no packaging.

xism

A week or so ago I paid a 300 pound deposit on a sofa from Laura Ashley. At that time it was in a sale at 50% off. I just discovered that the same item is now on offer at 60% off which means the price has fallen a further 250 pounds. The sofa will be delivered next week.

Couple of questions then:
1) Are Laura Ashely now required to accept the lower price from me since that is the current asking price and I haven't yet received the goods?
2) If not, how should I go about convincing Laura Ashley that they should still give me the new discount?
Has anyone had any similar experience?

saintscouple

xism wrote: »

A week or so ago I paid a 300 pound deposit on a sofa from Laura Ashley. At that time it was in a sale at 50% off. I just discovered that the same item is now on offer at 60% off which means the price has fallen a further 250 pounds. The sofa will be delivered next week.

Couple of questions then:
1) Are Laura Ashely now required to accept the lower price from me since that is the current asking price and I haven't yet received the goods?
2) If not, how should I go about convincing Laura Ashley that they should still give me the new discount?
Has anyone had any similar experience?

I'm afraid i look at it as if you have paid a deposit for a holiday.
You entered in to a contract to purchase the product at the agreed price.
If the holiday price goes down, you don't get it at the lower price.

Alternatively, if you have paid the deposit and price went up, how would you react if they turned round and told you had to pay the higher price now?

Have a look at the t&c's and see what the cancellation / refund policy is. You might get lucky that way?

derrick

full-time-mum wrote: »

I'm going to try although I suspect they will argue the toss as it was labelled as non-refundable due to no packaging.

SoGA, not as described, i.e. wrong size.

Putting a label on saying "non refundable" cannot take away your rights under the law, a shop label does not constitute law, but SoGA does.

xism

saintscouple wrote: »

You might get lucky that way?

I tried my luck and phoned customer services suggesting I'd be annoyed to pay 250 pounds over the current asking price. They quite agreed and have agreed to refund the difference. Success! Thanks for your help.

jbaines2615

Hi, I followed some advice on this thread regarding a purchase I made from comet. Could someone please advise what to do next. I sent their customer services an e-mail stating that I had bought a VCR/DVD player from them and it stoped recording after a year. Although it was out of warrenty it is still protected under the Sales Of Goods Act relating to reasonable length of use.
I told them I would go to the small claims court if they did not come to a reasonable settlement or respond within 2 weeks.

Here is their responce:

Thank you for your e-mail

I was concerned to hear of the problems you experienced with your DVD/VCR recorder.

I do note your comments regarding the Sales of Goods Act, however this obligation does not mean that goods have to last 6 years, it is not a durability requirement. Depending on the fault, the failure could be deemed to be normal wear and tear. The 6-year obligation is not a guarantee and is simply the period of time in which customers can bring a claim to the retailer. The 6-year obligation applies to problems that have occurred as a result of manufacturing and not as a result of fair wear and tear. As your DVD/VCR recorder was over a year old when you reported a problem, we believe that it had been sold fit for the purpose and has been free from any manufacturing defects. Therefore, any repairs that we complete would be on a chargeable basis.

Although I can appreciate your frustration in this matter and taking the above into consideration, I am unable to consider your request for a refund, exchange or free of charge repair.

And here was my response to that:

Dear ...
Thankyou for your response.
The Sales Of Goods Act clearly states that the item must last a reasonable length of time. For a high end product such as the one I purchased one year is not considered a reasonable length of time. Wear and tear is clearly a weak argument regarding such a quick depreciation of the product in question.
Since you responded so quickly I'm giving you one more opportunity to offer a reasonable settlement. I would consider repairing the product acceptable. If you still hold your position I will get an independent report on the fault and take the issue up with the small claims court.
You still have until the 9th of may 2008 to come to a reasonable solution

.
Regards,
Jack ...

So is there anything more I can say to them if they still refuse? Is what theve said true? I have it from several sources that I'm in the rite here. Or if they still refuse after that is it time to follow through with the small claims court?

Thankyou for taking the time to read my post.

I compleatly forgot to mention to them that the fault started before 1 year but only became apparent as a fault that compleatly stopped the recording fuction working just after. darn it.

abbottrabbit

Hi, can anyone help me with this? Bought a Hitachi LCD TV from currys,in April 2006 - it broke down (lost picture) on Xmas day 2007, it was therefor 20 months old. Currys say the burden of proof is on me to prove it was faulty, but to take it to a service engineer will cost more than I can afford (I'm on benefits). It doesn't work, therefore its faulty - do I really have to go to a service engineer to prove there's no picture, before currys will do anything?
Would appreciate any advice, I've reached an impasse with them!
Thanks.