Consumer Rights: MoneySavingExpert.com discussion

lisahobden

Hi, we have decided on some paving and brickwork in our garden and chosen a local company. The guy wants several hundred pounds up front so he can buy the bricks and paving slabs.... reasonable enough, I suppose, but how can I make sure he doesn't disappear with our hard earned cash???

Any advice?

Art_2

lisahobden wrote:

Hi, we have decided on some paving and brickwork in our garden and chosen a local company. The guy wants several hundred pounds up front so he can buy the bricks and paving slabs.... reasonable enough, I suppose, but how can I make sure he doesn't disappear with our hard earned cash???

Any advice?

Go with the builder arrange for the materials to be delivered to your home and pay for the materials yourself. Also, if he asks for stage payments as he goes along make sure you don't pay him more than a fair amount for what he's done. Ideally, by the time he has finished the work to your satisfaction you should owe him money. This should only be paid once you are completely satisfied.

Regards,
Art.

winnie81

Art wrote:

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.

Thanks Art,

Baby Evie arrived safe and sound and caused no end of problems but everythings fine and well now.

This weekend OH and I shall be filling in the online forms for the claim as still no furthur than we were. I shall only speak with Currys as Whirlpool are as much good as a chocolate teapot quite honestly and Currys were happy enough to take £400 off me :rolleyes:

When I fill in the forms it mentions that they'll need a name for who to claim agains't can I state 'Currys' or do they need an individual name? If they need an individual name who's name do I state?

I am nervous about having to use the courts so it helps to know that they are informal and easy to deal with and I am happy to do whats nessasary for Currys to accept that they have a duty to there customers.

Thank you so much for your help I shall have to send a virtual bottle of wine for your time and trouble :beer:

Thank you once again,

Claire x

Art_2

winnie81 wrote:

Thanks Art,

Baby Evie arrived safe and sound and caused no end of problems but everythings fine and well now.

This weekend OH and I shall be filling in the online forms for the claim as still no furthur than we were. I shall only speak with Currys as Whirlpool are as much good as a chocolate teapot quite honestly and Currys were happy enough to take £400 off me :rolleyes:

When I fill in the forms it mentions that they'll need a name for who to claim agains't can I state 'Currys' or do they need an individual name? If they need an individual name who's name do I state?

I am nervous about having to use the courts so it helps to know that they are informal and easy to deal with and I am happy to do whats nessasary for Currys to accept that they have a duty to there customers.

Thank you so much for your help I shall have to send a virtual bottle of wine for your time and trouble :beer:

Thank you once again,

Claire x

Hi Claire,

Good to hear your new arrival is well. Congratulations.:j

Yes, it is Curry's who you should put on the paperwork.

There is no need to worry about the court proccess. Firstly, it is possible that when Curry's see you are serious they will concede. If they do this insist on the full value of your claim. Don't let them simply give you the cost of the unit back. Insist on the lost food, inconvenience payment etc or carry on with the claim.

If it goes to court as I said you will find it very informal and is normally heard in an office and not in a court as such. Also there is no public around, just the two sides and the chairman.

Thank you for the virtual wine. I'll enjoy it with lunch on Sunday. You could click on the 'thanks' if you like to. :T

Good luck and keep us up to date.

Regards,
Art.

atchaa

Hi all, wondering if I could get some advice here?

Last year I placed a deposit on a chevrolet corvette, priced at £19000.

I placed a deposit of £3000 on the car over the phone, and was told that I could pick it up "whenever I wanted".
A week later I called and told them that due to a family bereavement I was forced to go to Sri Lanka for two weeks. I told them I would pay the rest when I got back, and was told that this was "fine".

Upon my return, they had sold the car from underneath me, and refused to give me back my deposit claiming I had "forfeited it".

They never sent me a receipt for my deposit, they told me I could pay the rest on my return, sold the car to someone else AND kept my deposit.

Since then, I have written 5 letters demanding the return of the deposit, and they have not dignified any of them with so much as a reply.

The dealership is https://www.motoworldltd.co.uk - which is a pretty large used car dealer.

I am going through the small claims court now, and was wondering ifyou have any further advice for me?

Anything would be much appreciated.

Many thanks!

Art_2

atchaa wrote:

Hi all, wondering if I could get some advice here?

Last year I placed a deposit on a chevrolet corvette, priced at £19000.

I placed a deposit of £3000 on the car over the phone, and was told that I could pick it up "whenever I wanted".
A week later I called and told them that due to a family bereavement I was forced to go to Sri Lanka for two weeks. I told them I would pay the rest when I got back, and was told that this was "fine".

Upon my return, they had sold the car from underneath me, and refused to give me back my deposit claiming I had "forfeited it".

They never sent me a receipt for my deposit, they told me I could pay the rest on my return, sold the car to someone else AND kept my deposit.

Since then, I have written 5 letters demanding the return of the deposit, and they have not dignified any of them with so much as a reply.

The dealership is www.motoworldltd.co.uk - which is a pretty large used car dealer.

I am going through the small claims court now, and was wondering ifyou have any further advice for me?

Anything would be much appreciated.

Many thanks!

You've done the right thing here in going to court. My only concern is that you appear to have taken so long in doing so.

Before your court day write down all the facts as best you can remember them. Take copies of any letters you have sent and received. Try and list the phone calls you made.

In your claim to the court don't forget to add costs for your phone calls and the interest on your money since you paid it.

I suspect that once a large company like this receives the papers from the court they will decide to refund your deposit.

They may argue that they lost money on the eventual sale of the car. You must ask them to prove this by producing the sales paperwork.

Good luck and let us know the outcome.

Regards,
Art.

mjr2000

I purchased an LG Microwave - Model MC8044NL from Argos on 26/12/2005. The Microwave developed a fault on the Door, whereby the internal plastic started peeling away, i contacted LG and they subsequently collected it and replaced the door. All good so far. Then in July, I was using the microwave to heat some bread, when the turntable shattered on its own and in normal operation.I Contacted LG again, but this time was told that it wasn't covered under warranty, i objected, but the lady asked me to put my concern in writing.
I sent a letter on the 22nd July with a copy of the Guarantee, which does not state that the turntable isn't covered, so i was claiming under that guarantee. I received a letter back from them on the 27th July, stating they were looking into it. After another phonecall, i then received a letter today(15th August) stating that the guarantee does not cover the turntable, but only covers electrical or manufacturing fault in the 1st year. I was using the oven correctly and i beleive that there was a defect with the turntable for it to shatter in normal use. I even stated to LG that they could inspect the glass if they wanted to, but they have not taken up the offer.

I am extremely frustrated about this. If i had deliberatley damaged, or accidentally smashed the turntable, then obviously it would not be covered under warranty, but when then item fails in normal operation, then surely this is covered by the warranty or my statutory rights.

I have now contacted argos, and i am waiting on their reply.

Do i have a valid case here?

Art_2

mjr2000 wrote:

I purchased an LG Microwave - Model MC8044NL from Argos on 26/12/2005. The Microwave developed a fault on the Door, whereby the internal plastic started peeling away, i contacted LG and they subsequently collected it and replaced the door. All good so far. Then in July, I was using the microwave to heat some bread, when the turntable shattered on its own and in normal operation.I Contacted LG again, but this time was told that it wasn't covered under warranty, i objected, but the lady asked me to put my concern in writing.
I sent a letter on the 22nd July with a copy of the Guarantee, which does not state that the turntable isn't covered, so i was claiming under that guarantee. I received a letter back from them on the 27th July, stating they were looking into it. After another phonecall, i then received a letter today(15th August) stating that the guarantee does not cover the turntable, but only covers electrical or manufacturing fault in the 1st year. I was using the oven correctly and i beleive that there was a defect with the turntable for it to shatter in normal use. I even stated to LG that they could inspect the glass if they wanted to, but they have not taken up the offer.

I am extremely frustrated about this. If i had deliberatley damaged, or accidentally smashed the turntable, then obviously it would not be covered under warranty, but when then item fails in normal operation, then surely this is covered by the warranty or my statutory rights.

I have now contacted argos, and i am waiting on their reply.

Do i have a valid case here?

Yes, you do have a valid claim but against Argos not LG. You should deal with the retailer not the manufacturer.
Tell Argos, in writing, that the oven is not of merchantable quality and not fit for purpose. Tell them you want a replacement or your money back. If they refuse take them to the Small Claims Court.

Regards,
Art.

winnie81

Art wrote:

Hi Claire,

Good to hear your new arrival is well. Congratulations.:j

Yes, it is Curry's who you should put on the paperwork.

There is no need to worry about the court proccess. Firstly, it is possible that when Curry's see you are serious they will concede. If they do this insist on the full value of your claim. Don't let them simply give you the cost of the unit back. Insist on the lost food, inconvenience payment etc or carry on with the claim.

If it goes to court as I said you will find it very informal and is normally heard in an office and not in a court as such. Also there is no public around, just the two sides and the chairman.

Thank you for the virtual wine. I'll enjoy it with lunch on Sunday. You could click on the 'thanks' if you like to. :T

Good luck and keep us up to date.

Regards,
Art.

Just an update....


The claim has been submitted online this morning for a total of £833.94 so now its wait and see :T

Art - Do you have any experience of how long it generally takes to know something or receive any response?

Thank you again for your help and I shall keep you all updated on the claim,

Claire x

Art_2

winnie81 wrote:

Just an update....


The claim has been submitted online this morning for a total of £833.94 so now its wait and see :T

Art - Do you have any experience of how long it generally takes to know something or receive any response?

Thank you again for your help and I shall keep you all updated on the claim,

Claire x

Hi Claire,

It really depends on your local court system. Some are quicker than others, and of course with the holiday season upon us that may slow things down a bit. A phone call to your particular court may give you a clue.

Before a hearing can be arranged Currys have to be sent a copy of your complaint and have an opportunity to respond. Once they respond the court will then read papers from both sides and if they agree there is a case to answer they will then give you a date.

I still think Currys will try to settle with you. If they try to do so just make sure you get what you regard as a fair settlement. If not carry on to the court.

Regards,
Art.