Consumer Rights: MoneySavingExpert.com discussion

derrick

Art wrote: »

Seems like your only option is to go to the Small Claims Court if you can't get any satisfaction from the company.

Regards,
Art.

Why? the no refund policy is stated at the till, and as Optimist says above; - "The company are not obligated to give a refund if you (or your husband) go into the shop to buy and then change your mind it entirely up to their discretion"

Unless he can find the sales assistant who is able to confirm what was said,(or not), I cannot see how the small claims court can help.

gav357

Hi...I'm looking for a bit of advice, perhaps someone has experienced same thing....

I upgraded my moblie handset for a nokia N95 8gb in may this year as my current contract was up with 3. They said I could take this phone if I switched to a new call plan so I did. 6months down the line the phone has developed a fault. I took it back to shop who sent it for repair.

It came back with a letter saying they couldn't find fault and to try it again. Phone is now worse.

I went into local citizens advice and spoke to trading standards to check where I stood legally. Was told 3 have legal obligation to replace handset and I can claim rebate for loss of service until resolved.

I returned to the shop where staff couldn't have given a monkeys. I was told only recourse was to put in for repair. I then said all of the above and that under the supply of goods and services act 1982 they had to give me a new phone. The guy in shop then tries to tell me the phone is nothing to do with 3, I only pay for my minutes and txts..my gripe is with nokia. He told me that a place in a town about 10 miles away had an approved nokia engineer there and I would have to take it there myself. All he would do is go round in circles saying they had procedures.

He then said that what I had been told by trading standards was "their opinion"....how can these people get away with such flagrant disregard for consumer rights and the law. If I want to cancel my contract(which I now do) I will need to pay 300quid yet they can do as they please.

I am now going to put my complaint into writing and send a copy to head office as well as the shop. Is it advisable to be heavy handed in the letter and threaten court action etc or should I give them a chance to respond as the sales guy in shop had the logic of a 5yr old, the only thing he didn't say was "just because".....Had to leave the shop before I punched the guy......

Thanks

Art_2

gav357 wrote: »

Hi...I'm looking for a bit of advice, perhaps someone has experienced same thing....

I upgraded my moblie handset for a nokia N95 8gb in may this year as my current contract was up with 3. They said I could take this phone if I switched to a new call plan so I did. 6months down the line the phone has developed a fault. I took it back to shop who sent it for repair.

It came back with a letter saying they couldn't find fault and to try it again. Phone is now worse.

I went into local citizens advice and spoke to trading standards to check where I stood legally. Was told 3 have legal obligation to replace handset and I can claim rebate for loss of service until resolved.

I returned to the shop where staff couldn't have given a monkeys. I was told only recourse was to put in for repair. I then said all of the above and that under the supply of goods and services act 1982 they had to give me a new phone. The guy in shop then tries to tell me the phone is nothing to do with 3, I only pay for my minutes and txts..my gripe is with nokia. He told me that a place in a town about 10 miles away had an approved nokia engineer there and I would have to take it there myself. All he would do is go round in circles saying they had procedures.

He then said that what I had been told by trading standards was "their opinion"....how can these people get away with such flagrant disregard for consumer rights and the law. If I want to cancel my contract(which I now do) I will need to pay 300quid yet they can do as they please.

I am now going to put my complaint into writing and send a copy to head office as well as the shop. Is it advisable to be heavy handed in the letter and threaten court action etc or should I give them a chance to respond as the sales guy in shop had the logic of a 5yr old, the only thing he didn't say was "just because".....Had to leave the shop before I punched the guy......

Thanks

Lay out all your complaints in the letter. Be firm but not rude. Send the letters by recorded delivery.

Regards,
Art.

cathys1_2

Just to say I posted October / November time about a problem with my B & Q kitchen.
They came out and inspected it, and have very kindly replaced all faulty parts.
I expected hassle, and their customer service has been top notch. Thanks

lellyjay

Good morning,

We supply and fit boilers. The article seems to suggest that this makes up the retailers so does this mean that customers should be able to come back to us with warranty issues on boilers we have supplied?

Last year a clients boiler had a major breakdown just out of warranty. He came to us saying that we were the retailer and were legally liable for the boiler which we sold to him and which he said (quite rightly in my opinion) was not fit for purpose. In the end after much wrangling the manufacturer supplied us FOC with the (v. expensive) replacement part which we then fitted FOC for our customer - surely this is not fair!?!

Any comments or advice would be much appreciated.

Art_2

lellyjay wrote: »

Good morning,

We supply and fit boilers. The article seems to suggest that this makes up the retailers so does this mean that customers should be able to come back to us with warranty issues on boilers we have supplied?
Last year a clients boiler had a major breakdown just out of warranty. He came to us saying that we were the retailer and were legally liable for the boiler which we sold to him and which he said (quite rightly in my opinion) was not fit for purpose. In the end after much wrangling the manufacturer supplied us FOC with the (v. expensive) replacement part which we then fitted FOC for our customer - surely this is not fair!?!

Any comments or advice would be much appreciated.

You may think this is fair but under the Sale of Goods Act the responsibility is with the retailer and not the manufacturer. Naturally as the retailer you may want to involve the manufacturer but that doesn't absolve you of your responsibility. If the manufacturer refused to assist you then it would be up to you to sort out the customer's problem.

Regards,
Art.

lellyjay

Art wrote: »

You may think this is fair but under the Sale of Goods Act the responsibility is with the retailer and not the manufacturer. Naturally as the retailer you may want to involve the manufacturer but that doesn't absolve you of your responsibility. If the manufacturer refused to assist you then it would be up to you to sort out the customer's problem.

Regards,
Art.

Thanks for this Art. Not necessarily what I wanted to hear but useful all the same.

On a similar thread, we are often asked to install materials supplied by the customer such as bathroom suites etc. Sometimes the items supplied are way below the quality which we would have supplied ourselves and because the stuff supplied is so sheap and nasty there can be problems after installation. If we have installed the materials according to the manufacturers spec, surely this will then absolve us of any come-back, even if say a shower enclosure leaked and damaged other areas of the house...

Lellyjay
PS this has not actually happened to us, but it is a worry. It would be nice to know where we stand legally.

shaggy

right,
long story short -
last week ordered a Tom Tom from Tesco using my own clubcard vouchers. The order was annoyingly cancelled as apparently they tried to get in touch with me to verify some security info. (although I received no phone calls). The tom tom quickly went out of stock so I had to wait again until it comes back in stock.

Fast forward to this morning, its back in stock.

My tesco vouchers are still stored on the web site, so I tried to use them, but i couldnt get past the checkout stage. As I had been trying to find the Tom Tom in stock at Tesco for ages I went into a panic and called their 0845 number which is not inclusive on my mobile tarriff (saynoto0870.com lists numbers where they wont pass you through to Tesco Direct)

I kept being passed round and round in circles on Tesco Direct / Clubcard teams and this carried on for about 30 mins where basically they couldnt really help me progress my order.

Frstrated, I then called again a bit later.

Finally I spoke to a nice guy who said 'order the tom tom and we will refund you the value of the vouchers as theres a problem accepting clubcard vouchers on our system.

I gave up ordering from the web site, so called them again and finally managed to order. I am told its gone through so heres hoping for the best.

Now, I am really annoyed at having to chase them around and getting nowhere - is there any way I can ask them to refund the cost of my mobile calls to them as I was spending money chasing them up on a problem which was not created by me? Is there any specific department which I should write to?

Thanks in advance everyone.

Art_2

lellyjay wrote: »

Thanks for this Art. Not necessarily what I wanted to hear but useful all the same.

On a similar thread, we are often asked to install materials supplied by the customer such as bathroom suites etc. Sometimes the items supplied are way below the quality which we would have supplied ourselves and because the stuff supplied is so sheap and nasty there can be problems after installation. If we have installed the materials according to the manufacturers spec, surely this will then absolve us of any come-back, even if say a shower enclosure leaked and damaged other areas of the house...

Lellyjay
PS this has not actually happened to us, but it is a worry. It would be nice to know where we stand legally.

Firstly, I assume you carry insurance for the work you do. It's worth checking what their attitude would be if they were called on to pay a claim under the circumstances you describe.

If you are fitting customer's own materials I would suggest you spell out any problems in writing prior to work commencing and obtain a signature from the customer that they accept your terms. At the end of the day if there is a problem which you dispute, your customer has resource to the courts and they would ultimately decide the outcome.

Regards,
Art.

matron01

I'm sure that a couple of years ago I was able to take the receipt of a camera I bought on Xmas Eve back to the shop I bought it from once the Jan sales had started and claim the saving in the reduced price because the price had gone down within 14 days of me buying the camera.

I can't seem to find any evidence of this now, have I been dreaming? Was it once a consumer right that has been dropped? or is it still in existance?