Consumer Rights: MoneySavingExpert.com discussion

Art_2

BabyBoots wrote: »

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!

So long as you are sure the problem is not one that you have caused you are entitled to a refund as the goods are not of merchantable quality. Write to them telling them this and ask for your money back.

Regards,
Art.

Shipperman

Shipperman wrote: »

OK, Thanks Art - your continued advice is appreciated

Hi
Just had a call from Empire Direct they now want to "draw a line" under this and have offered half the Repair costs which leaves me £76.00 plus £25.00 Court costs out of pocket - they say they have spoken to Consumer Direct who say if I can't prove an inherent fault then the unfit for purpose part of the Sale of Goods Act is a grey area and I may not get the result I want through the Court - I did speak to Consumer Direct at the outset and they appeared to think that I could "win" - any comments/suggestions appreciated - Thanks

Art_2

Shipperman wrote: »

Hi
Just had a call from Empire Direct they now want to "draw a line" under this and have offered half the Repair costs which leaves me £76.00 plus £25.00 Court costs out of pocket - they say they have spoken to Consumer Direct who say if I can't prove an inherent fault then the unfit for purpose part of the Sale of Goods Act is a grey area and I may not get the result I want through the Court - I did speak to Consumer Direct at the outset and they appeared to think that I could "win" - any comments/suggestions appreciated - Thanks

Sounds like they are trying to get away on the cheap. As you have already paid the court costs I think I would tell them 'See you in court'

Regards,
Art.

Shipperman

Art wrote: »

Sounds like they are trying to get away on the cheap. As you have already paid the court costs I think I would tell them 'See you in court'

Regards,
Art.

OK thanks - press on then !

wireframebox

Could someone please tell me where I would stand legally if items were sent to me that I hadn't ordered or the quantities were wrong?

Do I still have to pay for the extra/un-ordered items?

I was told before that this would be classed as an unsolicited gift and wouldn't have to paid for? Is this correct?

Thanks.

savemoney

Please post in right forum

Note the word grabbit, thank you

Right forum could be anything else moneysaving

dmg24

It depends on the circumstances in which they were sent. If they were sent by mistake, then you need to contact the company and ask them to arrange collection. They are not unsolicited goods in the eyes of the law.

An unsolicited item is where something is intentionally sent to someone, usually without prior dealings between the parties, with the intention of trying to get you to pay for it. They tend to be scams, and examples of such 'schemes' have been tights and books.

anderj

Hello
I just spent £250 on printing at a reprographics shop for my final year project at university, along with most of my year (about 40 people). I was told by the shop they needed it as early as possible on the friday so it would be done before 1:30pm monday (final hand in time, because there is so many of us) and they would not be accepting any files on the weekend. I got there early on friday and was told I was 6th in a queue and would definitely have mine by Monday. Monday came I went into uni to find a few of the presentations had been delivered (although not mine) then when I started talking to other people it turned out that the shop had excepted files on the weekend and some of those where delivered first. I waited all day until 5 o clock and decided to go to the shop in case it closed without delivering, as they had just been saying “it will be in the next delivery” whenever they were phoned (there were no more deliveries) To cut a long story a little bit shorter I ended up having to finish of the boards myself in the shop, wrapping it myself and then had to walk about a mile and a half through the town centre with A0 size boards (very awkward and a lot heavier than I'd expected).

Does anyone know if there is there any way I can get a refund or part refund? I did talk to one guy but he just said that it wasn’t his fault he’d gone home by that time. The problem is I took extra files on the Monday morning, but did said these could did't have to be done that day, but they did them all.

Thanks
Anderj

Shipperman

Art wrote: »

Sounds like they are trying to get away on the cheap. As you have already paid the court costs I think I would tell them 'See you in court'

Regards,
Art.

Just had a another call from Empire Direct (6 hours before I can request the Court for Judgement due to non-response by default) to say as I refused their 50% offer they have now decided to pay the full amount of my Claim plus costs out of Court - told them I would withdraw the action only after their cheque is received and cleared through my Bank - thanks for all the recent help and encouragement - hope this spurs others on to stand up to these Companies - will confirm when payment cleared.

Art_2

Shipperman wrote: »

Just had a another call from Empire Direct (6 hours before I can request the Court for Judgement due to non-response by default) to say as I refused their 50% offer they have now decided to pay the full amount of my Claim plus costs out of Court - told them I would withdraw the action only after their cheque is received and cleared through my Bank - thanks for all the recent help and encouragement - hope this spurs others on to stand up to these Companies - will confirm when payment cleared.

That's great news. It pays not to give in to these companies.

Regards,
Art.