Consumer Rights: MoneySavingExpert.com discussion

Pinkcoke

Thanks for your answer Art. I guess I just feel frustrated that nothing is the quality I thought it would be. (sorry that was a really long message, had to get it out)

Where do I stand if the new computer breaks down and the warranty has finished? Btw is it worth asking them to extend the warranty?

derrick

Pinkcoke wrote: »

Thanks for your answer Art. I guess I just feel frustrated that nothing is the quality I thought it would be. (sorry that was a really long message, had to get it out)

Where do I stand if the new computer breaks down and the warranty has finished? Btw is it worth asking them to extend the warranty?

Use the Sale of Goods Act,(SoGA), this can protect you up to 6 years, forget the warranty you have a contract with the retailer under SoGA, (in this case Aldi, so go back to them, their phone number is 01245 215000), so use it, take a look at the WHICH site that explains it.

eg; - When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:

• 'as described',
• 'of satisfactory quality', and
• 'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).

It obviously fails the second and third criteria above, so you should not have any problems, if you do, tell them you are going to Trading Standards and if necessary the small claims court.

Pinkcoke

Hi Derrick, thanks for your input. I was sure I must have some standing in this situation.

I have spoken to the supervisor again today, they are keen to get the new computer out to me and supplied me with the specifications and we talked about data backup but it turns out they can't even do that properly:
He said they can't back up the whole hardrive (don't know why not, it works and we've had it done before on our old pc)
They can put each file or folder onto DVD with my instruction but as I explained to him I don't know where all the data is stored on it as I have a lot of programs which automatically create folders and file things away. I wouldn't be happy with this method as I couldn't be sure that we transferred everything.
I asked if they could backup the hardrive onto another spare one (my sister's which she has for this purpose) that would be sent to them. He has gone to enquire if this would be possible and will call back.

However they still insist that they cannot give me my physical hardrive back, only sell it to me. I will find out the price next time he calls. Based on the same spec they sell currently I expect it to be around £80. However I don't see how they can be asking me to pay more money to them to keep what is already mine. Mainly I want to be sure that once I have the data copied I destroy the hardrive myself, rather than them erase and re-condition it where someone could access the data later on it. I do have online banking, paypal and ebay accounts so there is that risk.

Pinkcoke

Grr, pressed the enter button before I was finished.

Are there any online sample letters here I could use to present my case to aldi?
and what do I say to Medion to make them keep my pc there for the time being?
I am sure once they have sent a replacement they will wash their hands of the situation as being solved.

Art_2

Pinkcoke wrote: »

Hi Derrick, thanks for your input. I was sure I must have some standing in this situation.

I have spoken to the supervisor again today, they are keen to get the new computer out to me and supplied me with the specifications and we talked about data backup but it turns out they can't even do that properly:
He said they can't back up the whole hardrive (don't know why not, it works and we've had it done before on our old pc)
They can put each file or folder onto DVD with my instruction but as I explained to him I don't know where all the data is stored on it as I have a lot of programs which automatically create folders and file things away. I wouldn't be happy with this method as I couldn't be sure that we transferred everything.
I asked if they could backup the hardrive onto another spare one (my sister's which she has for this purpose) that would be sent to them. He has gone to enquire if this would be possible and will call back.

However they still insist that they cannot give me my physical hardrive back, only sell it to me. I will find out the price next time he calls. Based on the same spec they sell currently I expect it to be around £80. However I don't see how they can be asking me to pay more money to them to keep what is already mine. Mainly I want to be sure that once I have the data copied I destroy the hardrive myself, rather than them erase and re-condition it where someone could access the data later on it. I do have online banking, paypal and ebay accounts so there is that risk.

Yes, this is as I said, a replacement or repair but no refund. You can ask them for a new warranty but I doubt if they will give it to you. If the PC fails again you have your rights under the SGA but you will have to prove there is an inherrent fault with the machine.

BTW, Medion and Aldi are the same company.I believe Medion is a subsidary of Aldi so you are dealing with the one company.

Regards,
Art.

derrick

Pinkcoke wrote: »

Grr, pressed the enter button before I was finished.

Are there any online sample letters here I could use to present my case to aldi?
and what do I say to Medion to make them keep my pc there for the time being?
I am sure once they have sent a replacement they will wash their hands of the situation as being solved.

Phone Consumer Direct on one of the following geo numbers,(that relates to your area), don't use their 0845 rip off number, they will if necessary transfer you to your local Trading Standards; -

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.

East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203 020 31035167
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670

Consumers who call Consumer Direct from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.

derrick

Art wrote: »

Yes, this is as I said, a replacement or repair but no refund. You can ask them for a new warranty but I doubt if they will give it to you. If the PC fails again you have your rights under the SGA but you will have to prove there is an inherrent fault with the machine.

BTW, Medion and Aldi are the same company.I believe Medion is a subsidary of Aldi so you are dealing with the one company.

Regards,
Art.

It has failed and been repaired 3 times, I think that is some sort of proof that there is an inherent fault, and the computer is "not of merchantable quality" or "fit for purpose"

Inform them, after speaking to CD, that you will have it examined by an independant expert and sue them in the small claims court.

Same company or not, if she is having to spend money on possibly premium rate calls to Medion, then she should be dealing with,as under Soga, with the retailer who took her money, i.e. Aldi

How did you pay for it? If it was on a credit card and cost over £100. then involve the CC, as they are "equally and severally liable" under section 75 of the Consumer Credit Act.

derrick

Yes it is a premium rate phone call; - Telephone: 0871 3761020 (national rate call charges apply), then they have the audacity to lie and claim that " (national rate call charges apply)" this statement breaks the Consumer Protection Act 1987 (part III) Misleading price indications, a CRIMINAL offence!

That number from info at the PhonepayPlus website costs 10p per minute, whilst ordinary calls cost from 0p per minute to 5p per call irrelevant of call length if using the likes of 18185, etc, it will also not be included in any phone call packages.

Notice they have a freephone number for N I, RIP off Britain remains alive and kicking!

Geo number for Medion in case you haven't got it; - 01793 715698, and 01793 715699.

nicola2312

yes ikea gave me another set of wardrobes thanks to everyone for there help

Pinkcoke

derrick wrote: »

Same company or not, if she is having to spend money on possibly premium rate calls to Medion, then she should be dealing with,as under Soga, with the retailer who took her money, i.e. Aldi

How did you pay for it? If it was on a credit card and cost over £100. then involve the CC, as they are "equally and severally liable" under section 75 of the Consumer Credit Act.

It was paid for by cash, Aldi don't accept Credit cards (interestingly enough...) it was a 50/50 payment between my mum and me.

And we don't pay for the phone calls (after the first time!) we got the alternative no. from SAYNOTO0870 and then use my Dad's mobile's free minutes (he has an incredibly good deal) which is the best option I think, especially since I've spent so much time talking with them.

Thanks for the WHICH page address, they have some template letters I can use to draft this.