Consumer Rights: MoneySavingExpert.com discussion

cotsvale

We recently (5 Months) bought a Renault Espace. Last week at its 1st MOT we were told that the car requires "extra load" tyres and that two of our tyres are not extra load. We checked with Ebleys/Eurocar and Renault and all said the car should have extra load tyres. We went back to the comapany that sold us the car and asked them to replace the tyres at their cost. They have offered to pay 50% as a goodwill gesture but said in order to pay for the 2nd tyre they need to have in writing that it is "dangerous" for us not to have them and that it's not just a recommendation. So my question is, is it dangerous for us not to have them. Would our insurance be valid if we don't? We are really stressed about this as we are going on a long journey on Saturday. Does the sale of goods act help us here? As 3 seperate places have said they should be extra load I feel that the company that sold us the car should have known that the tyres were wrong for the car. Do they have a duty of care? Should I contact trading standards? Before it was sold to us it had a "Peace of mind" RAC check. I now do not have peace of mind. Both sets of brake pads have had to be replaced already but that is another matter.

Art_2

cotsvale wrote:

We recently (5 Months) bought a Renault Espace. Last week at its 1st MOT we were told that the car requires "extra load" tyres and that two of our tyres are not extra load. We checked with Ebleys/Eurocar and Renault and all said the car should have extra load tyres. We went back to the comapany that sold us the car and asked them to replace the tyres at their cost. They have offered to pay 50% as a goodwill gesture but said in order to pay for the 2nd tyre they need to have in writing that it is "dangerous" for us not to have them and that it's not just a recommendation. So my question is, is it dangerous for us not to have them. Would our insurance be valid if we don't? We are really stressed about this as we are going on a long journey on Saturday. Does the sale of goods act help us here? As 3 seperate places have said they should be extra load I feel that the company that sold us the car should have known that the tyres were wrong for the car. Do they have a duty of care? Should I contact trading standards? Before it was sold to us it had a "Peace of mind" RAC check. I now do not have peace of mind. Both sets of brake pads have had to be replaced already but that is another matter.

It's worth speaking to the RAC and asking them why this wasn't picked up in the check they did for you.

Depending on the mileage the existing tyres have done the dealer's offer of 50% may be acceptable. What mileage have the tyres doe?

Check with the manufaturer if the tyres fitted were placing you in any danger. If they say 'yes' insist on a replacement or tell the dealer you will go to the small claims court. If the manufacturer simply says the 'extra load' tyres are a recommendation take the 50% offer.

Regards,
Art.

deanos

I would accept the 50% as how can you proove they are the same tyres that were on the car when you bought it as its been 5 months ?, for all they know you could have put part worn's on.

As for brake pads they do wear out and probably had enough left on them 5 months ago

speedmaster_2

Hello

Can anyone advise me please. My mother in law bought a juicer from argos a year ago. She is a huge fan of juicing and uses it daily for the whole family. The juicer has stopped working and it has been replaced by Argos 3 times now. She went to get it replaced again and the store refused saying that she must be using it for industrial purposes even though she hasnt and simply uses it a lot. Has she any rights or can Argos refuse to keep replacing it even though she uses it accordinging to the instructions and just uses it a lot as opposed to a bit- it doesnt say anywhere in the instructions that usage should be limited

What are her rights if any?

Thanks in advance

Art_2

speedmaster wrote:

Hello

Can anyone advise me please. My mother in law bought a juicer from argos a year ago. She is a huge fan of juicing and uses it daily for the whole family. The juicer has stopped working and it has been replaced by Argos 3 times now. She went to get it replaced again and the store refused saying that she must be using it for industrial purposes even though she hasnt and simply uses it a lot. Has she any rights or can Argos refuse to keep replacing it even though she uses it accordinging to the instructions and just uses it a lot as opposed to a bit- it doesnt say anywhere in the instructions that usage should be limited

What are her rights if any?

Thanks in advance

This comes under 'reasonability'. You have to ask youself is it reasonable to expect the item to break down in such a short period of time. In a word 'no'. Also under EU law electrical appliances are covered for 5 years irrespective of the quarantee given on it.

Return the item to Argos and ask them to read the sale of Goods Act.

In view of the usage the machine has it may be prudent to upgrade to a heavier model to prevent further problems.

Regards,
Art.

winnie81

Just an update on my firdge frezzer saga. The engineer came last week as arranged to inspect the machine and find out what the fault was and he has said that the fridge/freezer has been leaking gas and probably always has done

He then sent Whirlpool the report and they are now arranging for someone to top up the gas as they have refused to replace the machine. OH and I are now going to persue a claim through the small claims for compensation for the perished foods ( frozen & fresh ) and hopefully for a replacement machine as it has been faulty since the day we bought it. Is it likely we can ask for the cost of the second hand fridge freezer to be repaid (£50) as we couldn't be without a fridge with the 2 kids and baby here?

Would the claim be with Currys (retailer) or Whirlpool (maunfacturor) I am sure its the retailer but I need to double check and how likely do you think we'll be successful?

Thank you so much for your help it has been invaluable,

Claire x

deanos

Art wrote:

. Also under EU law electrical appliances are covered for 5 years irrespective of the quarantee given on it.

This is slightly incorect, as it depends on alot of circumstances like what the item is and how much it cost, and you have to proove the fault was there when you bought the item ,its not quite as simple as you make it sound

Art_2

winnie81 wrote:

Just an update on my firdge frezzer saga. The engineer came last week as arranged to inspect the machine and find out what the fault was and he has said that the fridge/freezer has been leaking gas and probably always has done

He then sent Whirlpool the report and they are now arranging for someone to top up the gas as they have refused to replace the machine. OH and I are now going to persue a claim through the small claims for compensation for the perished foods ( frozen & fresh ) and hopefully for a replacement machine as it has been faulty since the day we bought it. Is it likely we can ask for the cost of the second hand fridge freezer to be repaid (£50) as we couldn't be without a fridge with the 2 kids and baby here?

Would the claim be with Currys (retailer) or Whirlpool (maunfacturor) I am sure its the retailer but I need to double check and how likely do you think we'll be successful?

Thank you so much for your help it has been invaluable,

Claire x

Hi Claire,

First of all, how did things go with the baby?

You should deal only with Curry's and not get involved with Whirlpool.

Sue for the cost of all replacement food, the cost of having to use another unit as a stop gap measure and ask for a full refund on the purchase price of the original unit.
You may decide to accept a new unit from Curry's instead of a refund but go for the refund and then you can decide.

I would also put in a claim for inconvenience and out of pocket expenses. Ask for £100. The court can always decide you are being too greedy and knock it down to what they consider right. List the money you've spent on going into the store to complain, phone calls and give them some idea of the amount of time you've had to spend trying to sort this out. Don't forget to mention your circumstances which Curry's did nothing to help you with. (child on way)

If you've never been to the Small Claims Court before don't worry. They are very informal and chaired by a registrar who will do everything possible to guide you through the procedures.

Good Luck.

Regards,
Art.

Art_2

deanos wrote:

This is slightly incorect, as it depends on alot of circumstances like what the item is and how much it cost, and you have to proove the fault was there when you bought the item ,its not quite as simple as you make it sound

That's what I said. It comes down to 'reasonability'. Is it reasonable for the item to break down in less than a year?

As a practical example of 'reasonability' I recently had a lawn mower replaced by B & Q. The mower was over 2 years old. Initially they told me it was outside the 12 month warranty but then agreed a replacement when I argued that it was not reasonable to expect a lawn mower to break down after 2 years.

Most stores will try and get away with the 12 month warranty until they realise you know a little about the law and your rights.

Regards,
Art.

deanos

Art wrote:

Most stores will try and get away with the 12 month warranty until they realise you know a little about the law and your rights.

Regards,
Art.

Oh i agree, see my recent experience

http://forums.moneysavingexpert.com/showthread.html?t=208616