Consumer Rights: MoneySavingExpert.com discussion

Evelynn_2

Hi,

I've no idea if this is in the right place or not, so please forgive and move as needed.
I had a pre-order place with game, they've just cancelled it about a month later.
They say due to pricing error, but I thought they stated they would honour any price at time of order?
I assume they can get away with this because of some tiny small print, but would like to know for peace of mind.
Thanks in advance.

Matty007

Dear Art

My washing machine failed twice in 2years. B&Q would not help and I had to go back to the manufacturer for asistance, due to the drum failing a second time the drum was still under their guarantee and they mended it free of charge.

Some 42 days after the machine first became unusable.

I have finally got a date for smalls claims courton 17th June 2008.

I have been told by the court to submit all documentation that I wish to use in court and have been asked to send these to B&Q.

I have also received B&Q letter outling some points.

Is it best/necessary to send a letter outlining my case with copies of letters already submitted to them??

Or is there a more cunning plan that I should using !!

Look forward to hearing from you.

Art_2

Matty007 wrote: »

Dear Art

My washing machine failed twice in 2years. B&Q would not help and I had to go back to the manufacturer for asistance, due to the drum failing a second time the drum was still under their guarantee and they mended it free of charge.

Some 42 days after the machine first became unusable.

I have finally got a date for smalls claims courton 17th June 2008.

I have been told by the court to submit all documentation that I wish to use in court and have been asked to send these to B&Q.

I have also received B&Q letter outling some points.

Is it best/necessary to send a letter outlining my case with copies of letters already submitted to them??

Or is there a more cunning plan that I should using !!

Look forward to hearing from you.

If the request comes from the court do as they ask. They may want to see if they can reach a judgment without you having to attend court. If B & Q are asking for any info don't send it.

Regards,
Art.

Art_2

chimp14uk wrote: »

Hi,
I recently ordered a mattress from Marshall Ward for around £40. I received a confirmation email confirming the order and the price.
The £40 was taken from my bank account.

However, I've just received another email saying that the prices on-line were incorrect and that they were cancelling the order. If I still wanted the mattress, I would now have to pay £159.20.

Do they have to honour the £40 price as this was taken from my account and therefore a contract was entered into?

Thanks in advance.

They struck a contract with you when they took payment from your account. Tell them you expect them to honour their agreement or you will take them to the Small Claims Court.

Regards,
Art.

Matty007

Well off to Small Claims Court on Tuesday and kinda looking forward to it to be honest.

You may recall it was a problem with my washing machine that I bought from B&Q.

The drum went after 11 months and because it was within the guarantee period I contacted the number given ( Indesit ) and they came and replaced it for free.

Then the machine was faulty again ( 22 months old and 11 months after the previous fault ).

Contacted B&Q and they plainly refused to help and at the very beginning I suspected it would eventually go to the SCC.

I wrote and telephoned but they were not interested and only advised that I should contact the manufacturer as it was their responsibility !!

Finally after 30 days I finally asked what number I should phone, to then be told to 'look it up myself '!!

Got the number to get the problem sorted, fortunately Indesit said that the initial repair was within their own guarantee for that specific part and they came and mended the fault free of charge.

Some 42 days after the machine went wrong after 23 months since it was bought.

I am claiming for Launderette costs of £4.00 per day and inconvenience of £15.00 per day.

Any tips, have I missed something ? as I am sure that my contract of sale is with B&Q and it would of been their legal obligation to deal with this fault, even dealing with Indesit on my behalf if need be.

But what do you think ?

Art_2

Matty007 wrote: »

Well off to Small Claims Court on Tuesday and kinda looking forward to it to be honest.

You may recall it was a problem with my washing machine that I bought from B&Q.

The drum went after 11 months and because it was within the guarantee period I contacted the number given ( Indesit ) and they came and replaced it for free.

Then the machine was faulty again ( 22 months old and 11 months after the previous fault ).

Contacted B&Q and they plainly refused to help and at the very beginning I suspected it would eventually go to the SCC.

I wrote and telephoned but they were not interested and only advised that I should contact the manufacturer as it was their responsibility !!

Finally after 30 days I finally asked what number I should phone, to then be told to 'look it up myself '!!

Got the number to get the problem sorted, fortunately Indesit said that the initial repair was within their own guarantee for that specific part and they came and mended the fault free of charge.

Some 42 days after the machine went wrong after 23 months since it was bought.

I am claiming for Launderette costs of £4.00 per day and inconvenience of £15.00 per day.

Any tips, have I missed something ? as I am sure that my contract of sale is with B&Q and it would of been their legal obligation to deal with this fault, even dealing with Indesit on my behalf if need be.

But what do you think ?

Yes, you are right - it is B & Qs responsibility to deal with the problem. You seem to have covered all bases on this one.

Maybe if you have time write down all the details of what has happened including their rudeness in not wanting to help with the phone number. Prepare a copy for the judge/registrar and a copy for B & Q. It will help the court to see how much you have put into trying to get the problem resolved.

Under the S of G Act they have a irresponsibility for up to 6 years and cannot wash their hands of it after the guarantee period. Worth mentioning this in court but not in a way that makes it look as if you are telling them the law. You could ask 'Is it not right that there is a period up to 6 years...etc' Also suggest that the machine obviously had an inherent fault from day one.

Good luck on Tuesday.

Regards,
Art.

Matty007

Art wrote: »

Yes, you are right - it is B & Qs responsibility to deal with the problem. You seem to have covered all bases on this one.

Maybe if you have time write down all the details of what has happened including their rudeness in not wanting to help with the phone number. Prepare a copy for the judge/registrar and a copy for B & Q. It will help the court to see how much you have put into trying to get the problem resolved.

Under the S of G Act they have a irresponsibility for up to 6 years and cannot wash their hands of it after the guarantee period. Worth mentioning this in court but not in a way that makes it look as if you are telling them the law. You could ask 'Is it not right that there is a period up to 6 years...etc' Also suggest that the machine obviously had an inherent fault from day one.

Good luck on Tuesday.

Regards,
Art.

Cheers Art

It seems that there defense seems to be based on a few things.

1 ) That it was my responsibility to obtain an engineer report to indentify the cause of failure and that the manufacturer would be best placed to carry out any report, but there was a delay in myself having any such inspection as I felt that it was the responsibilty of B&Q to instigate in any investigation.

My first letter was sent 2nd October 2007 outlining the fault and their responsibility to rectify the fault, even so it was out of their guarantee.

Letter received from 8th October 2007 from B&Q saying sorry but out of guarantee and cannot help.

My second letter sent 15th October 2007 saying even though it is out of guarantee I felt they had a legal responsibility to rectify the fault etc.

No reply

My third letter sent 26th October 2007 re-iterating their legal obligations and threatened SCC etc.

Received letter dated 31st October 2007 outlining that they could not establish whether this was a manufacturing fault or not. As B&Q are not experts in this field I should therefore contact the manufacturer direct who would be happy to deal with this matter for me. There would be a call out charge and if it is established that it is a manufacturing fault they would be happy to pay torwards the cost, however should the fault be due to wear and tear then my statutory rights would not cover these costs.

Then on 5th November called 'Customer Care' and got advice that included that my 'contract of sale' was with the manufacturer and that how did he know that I wasnt a professional Launderette !!!

In total exasperation I finally I contacted Indesit who sent out an engineer on 9th November 2007 and on the 13th November 2007 engineer came and changed the drum free of charge.

Sent fourth letter 13th November 2007 outling my intention to take them to the SCC and claim for Launderette costs and associated inconvenience.

42 days @ £4.00 per day costs and £15.00 per day inconvenience.

Received letter from B&Q saying that they will not cover any of these costs.

I am too go to SCC next Tuesday !!

Your thoughts Art ????

Art_2

Matty007 wrote: »

Cheers Art

It seems that there defense seems to be based on a few things.

1 ) That it was my responsibility to obtain an engineer report to indentify the cause of failure and that the manufacturer would be best placed to carry out any report, but there was a delay in myself having any such inspection as I felt that it was the responsibilty of B&Q to instigate in any investigation.

My first letter was sent 2nd October 2007 outlining the fault and their responsibility to rectify the fault, even so it was out of their guarantee.

Letter received from 8th October 2007 from B&Q saying sorry but out of guarantee and cannot help.

My second letter sent 15th October 2007 saying even though it is out of guarantee I felt they had a legal responsibility to rectify the fault etc.

No reply

My third letter sent 26th October 2007 re-iterating their legal obligations and threatened SCC etc.

Received letter dated 31st October 2007 outlining that they could not establish whether this was a manufacturing fault or not. As B&Q are not experts in this field I should therefore contact the manufacturer direct who would be happy to deal with this matter for me. There would be a call out charge and if it is established that it is a manufacturing fault they would be happy to pay torwards the cost, however should the fault be due to wear and tear then my statutory rights would not cover these costs.

Then on 5th November called 'Customer Care' and got advice that included that my 'contract of sale' was with the manufacturer and that how did he know that I wasnt a professional Launderette !!!

In total exasperation I finally I contacted Indesit who sent out an engineer on 9th November 2007 and on the 13th November 2007 engineer came and changed the drum free of charge.

Sent fourth letter 13th November 2007 outling my intention to take them to the SCC and claim for Launderette costs and associated inconvenience.

42 days @ £4.00 per day costs and £15.00 per day inconvenience.

Received letter from B&Q saying that they will not cover any of these costs.

I am too go to SCC next Tuesday !!

Your thoughts Art ????

They either don't know their responsibilities or they are trying to ignore them. Take a copy of the info you have just put in this message and take it with you to court. You seem to have a good case and they have done nothing to help you resolve your problem.

As I said before, there is a liability for up to 6 years on a faulty product. It appears this machine had an inherent fault and should therefore have been replaced immediately.

Regards,
Art.

Lublin

Hello

I recently bought a pansonic lumix digital camera from an online shop. When it arrived i found it did not have a UK battery charger adapter (i think its a US one). I'm slightly annoyed as this wasn't mentioned at all in the product description and i would have bought an adapter at the time if required. My partner and i also have a feeling that goods bought in the UK must be supplied with a UK plug, however i'm not sure if this only applies to large appliances such as TV and washing machines and things.
I have emailed the shop to ask for an explaination. Am i right to expect a uk plug?

Does anyone know the rules about these things?
Any help and info is greatly appreciated.
Thanks
Lublin

omissimo

Hi,

I'm trying to find out what my rights are regarding 'free gifts', I recently renewed my orange mobile phone contract through the Carphone Warehouse because they had an offer to get a free PS3. They told me I would get one delivered within 14 days, it's now 3 months later and I still haven't received one. I've made numerous phone calls in which they fob me off by saying they're out of stock and that I'm top of the list when they get some. Is there anything I can do to get them to pull their fingers out?

Thanks