Consumer Rights: MoneySavingExpert.com discussion

Art_2

shailesh wrote: »

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.

Yes, give them 7 days in writing. You've been very patient and given them enough time.

Regards,
Art.

Tony64_2

Hi I hope someone can help me.I bought a fridge freezer from comet in june 07 and after 11 months it decided to brake down on me.So i phoned comet for an engineer to come out to fix it.He came out today to tell me that the compressor had gone on it and wasent unusuall for this to happen especially with it being a beko.He also informed that it would take up to a week to order the part.I was fuming as my daughter has medication which needs to be stored in a refrigeratror.So i phoned comet again to explain that i needed a frige freezer asap and would i be able to exchange for a different make.They told me that i couldnt.That i had to wait for it to be fixed.But as far as im concerned they should have told me about the compressors on the beko fridge freezers before a bought it.Otherwise i would have gone for a different make.Also i wasent expecting the fridge freezer to brake after 11 months of use.Could anyone advise as what my rights are and what to do next.As now im without a fridge freezer

Art_2

Tony64 wrote: »

Hi I hope someone can help me.I bought a fridge freezer from comet in june 07 and after 11 months it decided to brake down on me.So i phoned comet for an engineer to come out to fix it.He came out today to tell me that the compressor had gone on it and wasent unusuall for this to happen especially with it being a beko.He also informed that it would take up to a week to order the part.I was fuming as my daughter has medication which needs to be stored in a refrigeratror.So i phoned comet again to explain that i needed a frige freezer asap and would i be able to exchange for a different make.They told me that i couldnt.That i had to wait for it to be fixed.But as far as im concerned they should have told me about the compressors on the beko fridge freezers before a bought it.Otherwise i would have gone for a different make.Also i wasent expecting the fridge freezer to brake after 11 months of use.Could anyone advise as what my rights are and what to do next.As now im without a fridge freezer

Comet are within their rights to offer a repair. If they have to obtain a part then a week doesn't seem unduly long to have to wait.

If I were you I would talk with someone senior at their head office and explain your particular predicament and ask if they can do anything to help you. They may be able to rush the part through or lend you a replacement in the meantime.

If this is a common fault you would have a case for replacement as the unit has an inherent fault but to take this through the courts could take weeks and you would not have a fridge in the meantime. Mentioning an 'inherent fault' to Comet may get a speedier response to your problem.

Regards,
Art.

Tony64_2

Thanks Art.

imroberts

I have a home cinema system which has developed a fault. I contacted the retailer who have advised they do not repair this therefore would offer a replacement, however the item is out of stock therefore I could have a refund or choose another product. I opted for the refund and was waiting confirmation of return details.

I then ordered a replacement system from another retailer which has now been dispatched and is on its way to me.

The original retailer have now come back to me this morning and have said that they now have stock of the original system and have therefore ordered a collection and replacement item for me. They have also stated that as the item is outside of the initial 28 days they would not have been able to offer a refund anyway.

1. Is this correct?

2. What would you suggest I do? Am I likely to incur delivery and/or restocking charges from the retailer from whom I have just ordered the new system if I cancel at this stage?

quickstepqueen

I'm no expert but surely if the original item was faulty and they couldn't offer a repair or replacement at that time then they would have had to offer a refund (though necessarily a full refund it you've had the item for a while.)under the sale of goods act, irrespective of the 28 days.

A refund was agreed with them verablly and so they should not go back on their word. The fact that you've placed an order from another company is proof enough that that was the case.

I guess it depends on whether you ordered the replacement online or not. If ordered by distance selling I think you have 7 days to cancel from reciept anyway.

Hopefully someone else with a clearer understanding of the law can help. Good luck.

Shipperman

Shipperman wrote: »

Have written again - also spoke to Credit Card Co. - they say they get the impression Empire are trying to grind me down and hope i give up - they want more time to pressure them to settle after which they will make a commercial decision as whether they will settle in some way or await Court Action - wioll keep you posted & thanks for all the advice and encouragement.

This is still ongoing - Repairer said he told them nothing as he didn't want to get involved, Alliance & Leicester Credit Card didn't put much in writing but phoned to say keep going with Empire as once they see I won't let this go they may give in - they did in so far as the offered £30 as a goodwill gesture - they refused to budge after that so I put in Claim with the Small Claims Court for the full amount - so far Empire have not responded but A&L have told the Court they will defend any action and do not accept my Claim. So far the cost has been £25.00 but if I go further looks like another possible £80.00 and if I lose am I liable for defence costs Thanks in advance for any further advice

Art_2

Shipperman wrote: »

This is still ongoing - Repairer said he told them nothing as he didn't want to get involved, Alliance & Leicester Credit Card didn't put much in writing but phoned to say keep going with Empire as once they see I won't let this go they may give in - they did in so far as the offered £30 as a goodwill gesture - they refused to budge after that so I put in Claim with the Small Claims Court for the full amount - so far Empire have not responded but A&L have told the Court they will defend any action and do not accept my Claim. So far the cost has been £25.00 but if I go further looks like another possible £80.00 and if I lose am I liable for defence costs Thanks in advance for any further advice

You have taken the right decision is going to court. You are only liable for your own costs which are laid out for you by the SCC and not the other sides.

Regards,
Art.

Shipperman

Art wrote: »

You have taken the right decision is going to court. You are only liable for your own costs which are laid out for you by the SCC and not the other sides.

Regards,
Art.

OK, Thanks Art - your continued advice is appreciated

BabyBoots

Hello,

I bought a lawnmower online and used it a couple of days after it arrived. It was a bit dodgy - didn't always start first time - but worked. I tried it again the following weekend and it wouldn't start at all. I rang the company today to ask for a refund and they said they would come to inspect it instead, as they didn't believe it didn't work.

As it didn't work and the lawn needed mowing I had to buy another mower, so I definitely want a refund not a repair. It's either seven or eight working days from it's arrival to my asking for the refund, depending on how exactly you calculate that. Do they have to give my money back?

Thanks in advance for your help!