Consumer Rights: MoneySavingExpert.com discussion

ps2659

ps2659 wrote: »

Thanks Art
I will let you know what they have to say on monday.

I have received a call from Misco this morning they said they will replace the laptop with a new one (subject to supervisor approval) but it will not be the same model as the damaged one as the price has increased on that model by £80.00 plus vat since I purchased it, I have to let them know later today.
Any input appreciated.

Art_2

ps2659 wrote: »

I have received a call from Misco this morning they said they will replace the laptop with a new one (subject to supervisor approval) but it will not be the same model as the damaged one as the price has increased on that model by £80.00 plus vat since I purchased it, I have to let them know later today.
Any input appreciated.

They are obliged to put you back to where you started before the problem and if the price has gone up they have to swallow the difference.

Regards,
Art.

ps2659

Art wrote: »

They are obliged to put you back to where you started before the problem and if the price has gone up they have to swallow the difference.

Regards,
Art.

Thanks for all your help Arthur I quoted to them what you stated above and they agreed to relace the laptop with the identical model even though the price has increased, I am truly grateful for your input.
Regards Pete

Art_2

ps2659 wrote: »

Thanks for all your help Arthur I quoted to them what you stated above and they agreed to relace the laptop with the identical model even though the price has increased, I am truly grateful for your input.
Regards Pete

That's great news. Retailers try very hard not to meet their obligations but it pays to stick with it and challenge them.

Regards,
Art.

jmcr123

Art wrote: »

The request to send by recorded delivery is to protect both you and the buyer.

Regards,
Art.

What happens if the Ebay seller (Business) states in the listing that his return policy is if the item is faulty in anyway he will collect and replace or refund on request!

Where do you stand then if Paypal ask you to return the item?

Art_2

jmcr123 wrote: »

What happens if the Ebay seller (Business) states in the listing that his return policy is if the item is faulty in anyway he will collect and replace or refund on request!

Where do you stand then if Paypal ask you to return the item?

If you are asking a seller to accept faulty goods back I assume he will honour his terms and conditions. If not the first port of call should be ebay and not Paypal.

Regards,
Art.

jmcr123

Art wrote: »

If you are asking a seller to accept faulty goods back I assume he will honour his terms and conditions. If not the first port of call should be ebay and not Paypal.

Regards,
Art.

I have same problem as Katykitten paypal (not my Pal) Art and the first thing I did was inform Ebay but they referred me to Paypal and will take nothing to do with it. I keep sending them updates on paypal situation regarding the matter but they respond with something along the lines of we have told you before to contact paypal.

The item in question is a fan which is not wired for UK use so I think that is classed as unusable. Paypal notified me yesterday that I had not responded to the request to send them tracking info a proof of return to seller in order to process refund supposedly sent on the 15th of June but I did not receive such a request and it is not listed in Paypal claim details. They also informed me that the deadline for sending this info is/was today. I reaffirmed the sellers return policy to Paypal and stated that I purchased the item due to the terms in the Ebay listing.


Sorry for the length of this but I want you to know all the facts - The seller emailed me after I purchased the item to say it was an extra cost of £10.50 to deliver to N.Ireland which when I looked again at the listing it did mention but not the amount. I paid it in order to get the item but Paypal will not accept a claim for this as it is only postage. The cost of the item was £5.00 and total postage £20.00.
The item was listed as being sent by Parcel Force 24 but when I looked up postage cost on their site after filing claim there is no 24 hour service to Northern Ireland. Also the seller emailed me to inform me that he had dispatched the item on a particular day but he had not. I do not know what to do now?

gorgeouslatinrose

hi - didnt know if anyone could give me some advice? recently bought a garment from a shop that says it does not take any refunds , only store credit. i recently bought a dress from there, but did not hae time to try it on at the time. i had been in and tried it before, so was aware what size fitted me. anyway the dress in the shop did not have a label for size on, but asking the assistant she told me it was the size i required so i purchased it. brought it home to find out it is the size above the one i needed. anyone got any advice so when i can return and ask for a refund , i have some information regarding refunds to back it up? i know the dress was the last they were selling as it was all they had and were not planning to get anymore in stock.
many thanks! :A

Art_2

gorgeouslatinrose wrote: »

hi - didnt know if anyone could give me some advice? recently bought a garment from a shop that says it does not take any refunds , only store credit. i recently bought a dress from there, but did not hae time to try it on at the time. i had been in and tried it before, so was aware what size fitted me. anyway the dress in the shop did not have a label for size on, but asking the assistant she told me it was the size i required so i purchased it. brought it home to find out it is the size above the one i needed. anyone got any advice so when i can return and ask for a refund , i have some information regarding refunds to back it up? i know the dress was the last they were selling as it was all they had and were not planning to get anymore in stock.
many thanks! :A

You can reject the goods as not being as described and you can demand a refund. The shop cannot put you off with a credit note. If they insist this is all they will do you can take them to the Small Claims Court but this will depend on the price of the dress as to if it is worth going down this route.

You might also get some help from your local Trading Standards. Maybe they have had dealings with the shop before.

Regards,
Art.

Art_2

chimp14uk wrote: »

I've just received a letter from Marshall Ward (or Littlewoods Shop Direct Group) and they've said they are not going to provide the mattress because of the following :-

The thing we're looking at is.................

Clause 2.2 in the T&Cs says..................

"When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us.
Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery."

Now our argument is going to be that this clause in the terms and conditions is unfair (consumer direct have already forwarded it to the relevant trading standards office), and that the contract was formed when the money was debited from my account. Hence, the mattress should be provided for the price originally stated.

I don't think anyone would expect to walk into a normal retail shop like Currys, buy a TV plus delivery with cash, just to be told that the price stated was wrong and that their order was going to be cancelled because they hadn't delivered it yet. What are Currys going to do? Call at your house with the cash for the refund?

We all know that the Littlewoods group are a bunch of gets, but if another conversation with Consumer Direct seems to point in my favour, I'll take them to SCC.

Sorry if I haven't explained myself in 'proper' English, bit I'm just a lowly consumer.

You are right. send them a letter saying that you are going to instigate Small Claims Court action against them. This may bring them to their senses. If not see them in court.

Regards,
Art.