Consumer Rights: MoneySavingExpert.com discussion

jbaines2615

abbottrabbit wrote: »

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.

Hi, what ive learned with my problems is that after their warrent runs out (assuming it did) the burden of proof does lye on your shoulders. The proof required is that it broke down from an inherent fault in manufacture and not from wear and tear or because you somehow broke it yourself. unfortunately their not obliged to inspect it for free so you would have to get and pay for an independent engineer/electrition (whatever their titels are, excuse my ignorance) to provide a report stating the nature of the fault. Your legal protection in this case is under the Sale Of Goods Act which states a product should last a reasonable length of time and you are protected by this for 6 years from the date of purchase. What that means is that if due to a fault in manufacturing the item breaks down before an item of its type reasonably should, the company which sold you the item is obliged to repair/replace/refund the item. You can see why they dont want to look at it for you.
In my case what I was advised to do was to write, recorded delivery, prefferably to the Managing Director of the company explaining your experience with the store and that under the sale of goods act the Item should last a reasonable length of time, clearly an expencive TV should last longer than 20 months. Tell them that if they dont repair/replace/refund the product you will get an independent report and take the matter up with the small claims court.
Try to tie the report with the small claims court, make they seem mutually dependent and hopefully they will agree to some sort of arangement.
I did exactly that (except with an e-mail to customer services, it was less likely to succeed but also less hassle) with a VCR / DVD recorder I bought from comet, the post above yours showes the reply I got and the reply I gave them. They then asked for details from my recipt and are "investigating the issue further". So not a result yet but at least they have got past the point of refusing to help at all. All without a report. Sound like you know what your talking about, be formal and firm. Good luck.

PS. If there are any innacuracys (appart from spelling) in my post, please raise them. I know I'm not an expert and I wouldnt want miss-information to spread.

wr1ght

Can anybody help me with this please. I had a pair of GHD straighteners but the ceramic plate hung off and i sent them back. I had them for just under two years and the guarantee was for one year. They told me they couldnt be repaired and would not replace them as this was not a manufacturing fault. They still worked and i didnt use them often i know it was not from anything i did. I tried customer services who were rude and e-mailed GHD direct and got promised a phone call which never happened. I want some kind of compensation for them as they were expensive but cant seem to get anywhere. Any advice would be greatly appreciated.

AllanT_2

Hello, i was wondering if anyone can please offer some advice regarding the following situation.

I recently purchased a motherboard and CPU online from overclockers.co.uk. When assembling the parts, the CPU and motherboard were not compatible even though the overclockers website states that these two items are compatible.

I then contacted overclockers saying that I wanted to return the motherboard (worth 111 pounds) and get a refund - they said this was fine and gave me a RMA. So I paid the postage and sent it back to them.

Today, I received an email stating that no refund would be given and that they have sent the same product back to me, because they claim that I have broken it and this is why it does not work with my system.

I phoned them up and spoke to a customer service representative, and they were completely unhelpful and rather rude, stating that I must have broken it, (I know I have not as I have been building computers as a hobby for years). They even admitted to me on the phone that the two parts I purchased were incompatible, which directly contradicts what was advertised on their website.

I am now extremely cross. I know tomorrow they will try to deliver the motherboard back to me, and I am unsure if I should accept it even? I am not sure what to do to get my money back? Would it be best to contact my credit card company and make a claim?

Any help would be very greatly appreciated.

Thanks

annabelinda_2

I wonder if anyone can offer advice please. My OT had a salescall today from BT offering a new deal. He said OK but later this evening realised it wasn't that great a deal compared to Virgin. He phoned BT to withdraw but they say no cooling off period, he's tied in for 1 year. Can this be right?

deanos

AllanT wrote: »

Would it be best to contact my credit card company and make a claim?

Any help would be very greatly appreciated.

Thanks

I think thats the best option as Overclockers have a very bad reputation

Skooby

I have read a lot of the stuff on here thats been very helpful, but it looks like I'm going to have to take an internet retailer to the small claims court in order to get my money back. Only trouble is that I live in Bristol and the dodgy retailer in question is based up in Yorkshire.

My question is, who gets to choose the location of the proceedings?

Art_2

Skooby wrote: »

I have read a lot of the stuff on here thats been very helpful, but it looks like I'm going to have to take an internet retailer to the small claims court in order to get my money back. Only trouble is that I live in Bristol and the dodgy retailer in question is based up in Yorkshire.

My question is, who gets to choose the location of the proceedings?

Initially, you do. If the retailer wants he can challenge the court you select but must produce a good reason to have it changed.

Regards,
Art.

Art_2

wr1ght wrote: »

Can anybody help me with this please. I had a pair of GHD straighteners but the ceramic plate hung off and i sent them back. I had them for just under two years and the guarantee was for one year. They told me they couldnt be repaired and would not replace them as this was not a manufacturing fault. They still worked and i didnt use them often i know it was not from anything i did. I tried customer services who were rude and e-mailed GHD direct and got promised a phone call which never happened. I want some kind of compensation for them as they were expensive but cant seem to get anywhere. Any advice would be greatly appreciated.

Roughly how much did they cost you?

Regards,
Art.

Art_2

abbottrabbit wrote: »

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.

The TV is now 2 years old so the onus is on you to prove it is a manufacturing fault. You can only do this if you get an independent report.

You could try going direct to the SCC but there is always the possibility that they will require the independent report before making a judgment.

Regards,
Art.

shailesh

Art wrote: »

Write to the retailer telling them you are rejecting the trainers as they are not fit for purpose and ask for a refund.

Regards,
Art.

still awaiting a reply from them. should i follow the same advice given to another poster (pasted below)? give them 7 days to reply or else i go to small claims, or will they just refer it to adidas?

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.