Consumer Rights: MoneySavingExpert.com discussion

Art_2

onzey wrote: »

Hi

I am considering starting small claims court proceedings against an ebay business seller (I'm outside of any ebay/paypal claim time periods) who has refused any refund or replacement for an electrical item which has failed after very little use in around 4 months. The amount involved is small but this has become more a matter of principle for me. I am aware I'll need to pay £30 up front and understand that this can be added to the claim

I have read up a bit about the procedure and it seems to me that even if you win, if the other party fails to pay, you then have to consider enforcement for which a further fee is payable.

My question is, can the enforcement fee then be made part of the claim in the same way as the initial £30 fee?

Thanks

yes it can. So long as you eventually collect, you will get the amount you are suing for plus all expenses.

Regards,
Art.

ry111

My 6 year old lil girl came from school with her shoes slightly torn or scrapped id say from the front. She only worn them to school for a day. took them back to Tesco CS and manager said its wear and tear, she must have rubbed them on the floor while on a swing or sumthing but there are no swings in her school. I mean shes only 6 and she has worn shoes before and they have never come as bad as these. Any recommendations please, i have to go and buy a new pair as she don't wana wear them no more, could I ask for a refund or an exchange?

Art_2

ry111 wrote: »

My 6 year old lil girl came from school with her shoes slightly torn or scrapped id say from the front. She only worn them to school for a day. took them back to Tesco CS and manager said its wear and tear, she must have rubbed them on the floor while on a swing or sumthing but there are no swings in her school. I mean shes only 6 and she has worn shoes before and they have never come as bad as these. Any recommendations please, i have to go and buy a new pair as she don't wana wear them no more, could I ask for a refund or an exchange?

From what you say it seems the manager may be correct. If the shoes were OK when she went to school and 'scrapped' when she came home what else could have happened do you think?

Regards,
Art.

ry111

hi
thanx for the reply.
I rang in the head office and they have arranged for me to see the manager again for an exchange or a refund. I dont think a day is enough for these shoes to be considered as a 'wear and tear' especially as she is a child and the head office agreed with me.

Alexanderdewar_2

Hi all. I bought this top off ASOS.com, and I recieved it today and I found that it is too big and I don't really like the feel of it. So I thought ok, I will return it. But then it said that any items with a + sign next to them cannot be returned, and this has a + next to it on the receipt. Isn't this against the 7 day cooling off period? And I couldn't of known that it wouldn't fit because how was I meant to try it on - everything else that I got that is a medium fits.

Art_2

Alexanderdewar wrote: »

Hi all. I bought this top off ASOS.com, and I recieved it today and I found that it is too big and I don't really like the feel of it. So I thought ok, I will return it. But then it said that any items with a + sign next to them cannot be returned, and this has a + next to it on the receipt. Isn't this against the 7 day cooling off period? And I couldn't of known that it wouldn't fit because how was I meant to try it on - everything else that I got that is a medium fits.

Check the website. If the + is showing on the website you can't return it. If it doesn't you can exchange it as you rightly point out.

Regards,
Art.

derrick

Art wrote: »

Check the website. If the + is showing on the website you can't return it. If it doesn't you can exchange it as you rightly point out.

Regards,
Art.

Distance Selling Regs! Items,(unless specially ordered or made to specs), can be returned for no reason up to 7 working days after delivery


DSR
The key features of the regulations are:

• you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
• you must also provide this information in writing
• the consumer has a cooling-off period of seven working days.

Consumer Direct
3. Know your distance selling rights

• check your cancellation rights before making a purchase: under the Distance Selling Regulations you can get a full refund on many products if you cancel within seven working days after the day of receipt
• if returning goods you are entitled to a refund of the original delivery cost but check the terms and conditions to see who will cover the cost of returning them
• traders are not allowed to deduct a restocking charge or administration fee for returned goods
• if you wish to cancel, you must take reasonable care of the goods you are returning
• check and keep all receipts, order confirmations and correspondence
• goods should be delivered within 30 days after date of order, unless you agree to a different delivery timeframe
• complain to the trader if you have a problem shopping online
• contact Consumer Direct if the trader does not resolve your problem

My red highlighting.

engworldcup2018

Can anyone help/advise me please. Last December i bought a plasma tv from John Lewis. I have now noticed a faint line of greyish colour on the greyish black input screens it's about 2 inches thick runs verticaly about a 1/3 into the tv screen. It is noticable when on the input screens and when there is a moving dark scene. Anyway it is ruining my viewing. My problem is i don't want to call John Lewis tell them my set is faulty for them to then turn around and say "well i can't see it" then charge me as there is no fault found. I also do not like the idea of some third party service engineer coming and taking away my tv as i used to work with service engineers in the past and have known a few who could care less about taking care of your tv whilst it is in their possesion. I can't live with the tv as it is as i am always focusing on the line faint though it may be and am at the point where i just want to sell it explaining the fault and buy a new set. The problem being if John Lewis decide there is no fault found i have heard that they can charge you the call out fee which for a two person lift could be over £100 for nothing.

Art_2

engworldcup2018 wrote: »

Can anyone help/advise me please. Last December i bought a plasma tv from John Lewis. I have now noticed a faint line of greyish colour on the greyish black input screens it's about 2 inches thick runs verticaly about a 1/3 into the tv screen. It is noticable when on the input screens and when there is a moving dark scene. Anyway it is ruining my viewing. My problem is i don't want to call John Lewis tell them my set is faulty for them to then turn around and say "well i can't see it" then charge me as there is no fault found. I also do not like the idea of some third party service engineer coming and taking away my tv as i used to work with service engineers in the past and have known a few who could care less about taking care of your tv whilst it is in their possesion. I can't live with the tv as it is as i am always focusing on the line faint though it may be and am at the point where i just want to sell it explaining the fault and buy a new set. The problem being if John Lewis decide there is no fault found i have heard that they can charge you the call out fee which for a two person lift could be over £100 for nothing.

I suggest you talk to JL in the first instance. They have the best reputation in the High Street for customer service. It's still under guarantee so if it's fault they will deal with it I'm sure.

Regards,
Art.

engworldcup2018

I want to call but as i mentioned i am really concerned that they will not consider what i do to be a fault. I know if i call they will come and take the tv away for repair and then i will be in trouble of incurring possible charges if no fault is found. This is my dilema. I can't afford to lose over £100 for nothing.