Consumer Rights: MoneySavingExpert.com discussion

Art_2

Ilovetosave wrote: »

My son paid for 3 x PS3s from L A Wholesale in Scotland on 280808, they asked for payment using Nochex. He has yet to see them materialise. He is only 15 and therefore still classed as a minor and did all this without telling me. He started to query non receipt about two weeks ago, and the "company" said he was rushing them, making lots of excuses. Then the emails dried up. In frustration, he got in touch with the recipient of the Nochex payment (Auzzoffice, Portlethen, Aberdeen) who got really angry and said that this wholesaler was nothing to do with them, saying they only accepted their payments. Sounds dodgy already doesn't it? They did, however, say they would contact the wholesaler. The wholesaler then said my son had breached terms and conditions (there weren't any, LA later admitted), and for whatever reason closed his account, and promised him a refund in 90 days. Yes my son has been naive in all this and realises so, but I would be grateful for any useful advice of where to go from here. I have been in touch with Trading Standards. There is a company registered with Companies House but is based in West Mids so not sure if the same one. By the way, the two companies I have mentioned use the same telephone number.

Have you spoken to Nochex to ask for their help? There could also be a case for speaking to your local police about this to see if there is a criminal issue.

Don;t worry about your son getting into any trouble - he won't.

Regards,
Art

derrick

I am having an argument with Virgin Mobile about a "free gift" that came with a mobile phone I ordered and received form them, the Motorola phone came with a free Motorola Bluetooth headset, there is a problem with the headset and Virgin are saying that the headset, as it was free, is only covered by Motorola and not Virgin,( it came in the same box,as a promotion from Motorola, but purchased from Virgin), and therefore not Virgins problem, I know they are wrong, but need to point them on the legality of my complaint, as Virgin are the retailer I purchased from, all of my rights under SoGA are against them.

Now according to MSE Consumer Rights ;_

• Are free goods covered?
  This is a tricky area in consumer rights, as technically when something is free you’ve not got a contract with the supplier and therefore aren’t entitled to get a faulty item fixed. The same applies if you are given something as a gift, where the person who pays for the item has the contract and will need to sort out any problems. This can be overcome if the buyer tells the seller the item is a gift, so remember to do this if you buy an expensive present for someone.
  Yet if a free gift comes with something else, maybe a free bike when you sign up to a gym contract or a free matching toaster if you buy a particular brand of kettle, and the free item later becomes faulty, you have the same protection as if you’d paid for it. Most sellers will be aware of this but if you encounter problems stand your ground and complain.

Can someone point me to a site/web page that will give me this info from a site that has something of a legal standing, like Consumer Direct, Which, DTI, Trading Standards, etc, that will put this info in clear unambiguous detail so that I can refer Virgin Mobile to it, because as much as most of us on here may take Martins word about most things, Virgin will not be swayed by the same points.

Thanks

loverly9

Hi all, I was just wondering how the Sale of Goods Act applies to the purchase of clothes.
I just bought a cardigan from Zara for £40. I tried it on in the shop and it was fine. I took it home, cut off the labels (including the wash label - which is designed to be cut off) and took it to work to wear. Alas, that day I was wearing a black shirt, and having worn the cardigan for a few hours, i took it off, only to find my shirt was covered in fluff. My chair was also covered in fluff and it took about an hour to get rid of it all.
I have taken it into the shop, thinking that at least their returns policy would allow me to take it back. However, because I had cut the label out, they said that they couldn't resell it, or identify it (even though i had the labels i had cut off) and so I couldn't return it.
I tried to make my case to the store manager, just in case she'd let me off, but as i did so i realised that actually it probably is a good case. The cardigan is not fit for purpose (it can't be worn with other clothes and it can't be worn on it's own because it has no buttons), and, at the time of purchase i couldn't have known that it wasn't fit for purpose because it takes a while for the fluff to wash off.
Anyway this didn't have any effect on the manager - like most of these people, she didn't seem aware of the sale of goods act and wouldn't give a refund. She has advised me now to wash it a few times and keep trying to see if the fluff still comes off - keep your fingers crossed for me... mel

deanos

New cardis are prone to this, my childs school ones do it from new, i have to de fluff them with sellotape and then wash

Art_2

loverly9 wrote: »

Hi all, I was just wondering how the Sale of Goods Act applies to the purchase of clothes.
I just bought a cardigan from Zara for £40. I tried it on in the shop and it was fine. I took it home, cut off the labels (including the wash label - which is designed to be cut off) and took it to work to wear. Alas, that day I was wearing a black shirt, and having worn the cardigan for a few hours, i took it off, only to find my shirt was covered in fluff. My chair was also covered in fluff and it took about an hour to get rid of it all.
I have taken it into the shop, thinking that at least their returns policy would allow me to take it back. However, because I had cut the label out, they said that they couldn't resell it, or identify it (even though i had the labels i had cut off) and so I couldn't return it.
I tried to make my case to the store manager, just in case she'd let me off, but as i did so i realised that actually it probably is a good case. The cardigan is not fit for purpose (it can't be worn with other clothes and it can't be worn on it's own because it has no buttons), and, at the time of purchase i couldn't have known that it wasn't fit for purpose because it takes a while for the fluff to wash off.
Anyway this didn't have any effect on the manager - like most of these people, she didn't seem aware of the sale of goods act and wouldn't give a refund. She has advised me now to wash it a few times and keep trying to see if the fluff still comes off - keep your fingers crossed for me... mel

The store is right to refuse a refund. As you have cut out the labels they are unable to re-sell the garment.

Regards,
Art.

killercat_2

My wife is a long-standing customer of The Music Room (www.the-music-room.com). If you go there you'll see they're advertising an autumn sale with 20% off new in-stock musical instruments. They also sent us an advert for the sale by post, offering 20% off "all new in-stock instruments".

So my wife ordered a new concertina that they had in stock over the web. The invoice showed the 20% discount. All fine.

Except they phone up today and say they can't do the 20% discount on that instrument and there's another hundred and odd quid to pay!

So (a) are they breaking some law here, and (b) what can we do about it? My wife can't afford the instrument without the 20% discount.

Any practical advice about how to get the instrument with 20% off gratefully received.

Art_2

killercat wrote: »

My wife is a long-standing customer of The Music Room (www.the-music-room.com). If you go there you'll see they're advertising an autumn sale with 20% off new in-stock musical instruments. They also sent us an advert for the sale by post, offering 20% off "all new in-stock instruments".

So my wife ordered a new concertina that they had in stock over the web. The invoice showed the 20% discount. All fine.

Except they phone up today and say they can't do the 20% discount on that instrument and there's another hundred and odd quid to pay!

So (a) are they breaking some law here, and (b) what can we do about it? My wife can't afford the instrument without the 20% discount.

Any practical advice about how to get the instrument with 20% off gratefully received.

Basically, the store is not breaking any law if they did not take payment from your account.

Regards,
Art.

killercat_2

Art wrote: »

Basically, the store is not breaking any law if they did not take payment from your account.

Regards,
Art.

But this is misleading advertising isn't it? I mean a store can't advertise an item as reduced and then demand the normal price when you come to pay, surely? I thought that was what all the laws on sale prices were about?

madmarky25

hi there this is my first post.

my girlfriend purchased a 26in lcd tv from asda back in 5/01/07
the make is a dual tv and they have no longer any more by this company.
2 weeks after a year of having the tv we started having problems with it.
when you switch it on the tv has a black screen but you can hear the channel it is on but with no picture.
I phoned asda to complain but was told that we should have taken the extra warrenty when we purchased it.
I was told that the tv should last longer than a year from a friend and have phoned asda 3 to 4 times a month to tell them to fix it but they say its not there problem. where do we stand at the moment as the tv was bought to replace the old tv which lasted for 4 and a half years and we dont have the money to buy a new one.

thanks mark.....
repost for help please.

Art_2

madmarky25 wrote: »

hi there this is my first post.

my girlfriend purchased a 26in lcd tv from asda back in 5/01/07
the make is a dual tv and they have no longer any more by this company.
2 weeks after a year of having the tv we started having problems with it.
when you switch it on the tv has a black screen but you can hear the channel it is on but with no picture.
I phoned asda to complain but was told that we should have taken the extra warrenty when we purchased it.
I was told that the tv should last longer than a year from a friend and have phoned asda 3 to 4 times a month to tell them to fix it but they say its not there problem. where do we stand at the moment as the tv was bought to replace the old tv which lasted for 4 and a half years and we dont have the money to buy a new one.

thanks mark.....
repost for help please.

Write to them and tell them that you expect a TV to last longer than a year and it is unreasonable for it not to do so and if they don't repair it for you then you will go to the Small Claims Court. ASDA are normally very good on customer service.

Regards,
Art.