Consumer Rights: MoneySavingExpert.com discussion

rizla01

Unsuitable Item

Thursday, 11 December, 2008 7:46 PM

From:
"iBitStore Support" [EMAIL="support@ibitstore.com"]support@ibitstore.com[/EMAIL]

To:
undisclosed-recipients


Hi,

We really apologise but the item is not suitable for sending out and there are no more currently in stock.

We would like to give you the option of either cancelling, or you can wait, but it may be up to 6 weeks. Please reply within the next 7 days if you would like to wait.

We apologise again for the inconvenience.

Regards,

iBitStore.

Hi,

The above is EXACTLY as I received from the above online store. -

To: undisclosed-recipients



They are (somehow) stating that the item is not in stock but IT IS!!

if you search their site the item (not mentioned in the email) is in stock AT A HIGHER PRICE!!

http://www.ibitstore.com/index.php?controller=product&product_id=1072


Was advertised at £29.99 NOW SHOWING £43.12.

They have taken the funds (£29.99) from my credit card.

Am I right in saying that they are obligated to sell me the item at the price I paid as they have entered into a contract, or are they within their rights to make me wait till well after Xmas (For which the item was purchased)

FWIW we purchased through PIXMANIA which directed us to the above company.
don't know if that makes a difference.

HOW WOULD YOU PROCEED HERE?

PS STILL showing up as £29.99 when googled.

Only £29.99 at Pixmania - GEAR4 Street Party Size 0-Black
Preview of the GEAR4 Street Party Size 0-Black at Pixmania · £29.99. Buy Now Pixmania logo. Only £29.99 @ Pixmania · Accessories · Go to Pixmania ...
www.computer-empire.co.uk/product/p-33877929/c-35.html - 8k - Cached - Similar pages

Art_2

rizla01 wrote: »

Hi,

The above is EXACTLY as I received from the above online store. -

To: undisclosed-recipients



They are (somehow) stating that the item is not in stock but IT IS!!

if you search their site the item (not mentioned in the email) is in stock AT A HIGHER PRICE!!

http://www.ibitstore.com/index.php?controller=product&product_id=1072


Was advertised at £29.99 NOW SHOWING £43.12.

They have taken the funds (£29.99) from my credit card.

Am I right in saying that they are obligated to sell me the item at the price I paid as they have entered into a contract, or are they within their rights to make me wait till well after Xmas (For which the item was purchased)

FWIW we purchased through PIXMANIA which directed us to the above company.
don't know if that makes a difference.

HOW WOULD YOU PROCEED HERE?

PS STILL showing up as £29.99 when googled.

You'll have to check their terms and conditions but most on-line retailers clearly say no contract exists until you are told the goods are dispatched.

Regards,
Art.

shjehn

Hi,

I just received a letter from an old bank of mine asking that I pay for a card payment that was just presented to them. I closed the bank account more 6 months ago and the charge that they are asking for is coming through with a date on the transaction of 02/05/08 -- some 7 months ago!

Personally, I don't keep receipts for things that long ago so I can not confirm whether or not the transaction was genuine -- I did shop at the store concerned (Bike Hut), but I have no way of really telling just what I bought 7 months ago.

Is there any "statute of limitations" on charging for purchases?

Thanks.

Art_2

shjehn wrote: »

Hi,

I just received a letter from an old bank of mine asking that I pay for a card payment that was just presented to them. I closed the bank account more 6 months ago and the charge that they are asking for is coming through with a date on the transaction of 02/05/08 -- some 7 months ago!

Personally, I don't keep receipts for things that long ago so I can not confirm whether or not the transaction was genuine -- I did shop at the store concerned (Bike Hut), but I have no way of really telling just what I bought 7 months ago.

Is there any "statute of limitations" on charging for purchases?

Thanks.

it's a bit difficult to say you didn't spend as you would have signed a voucher or used your PIN. It's worth asking them to send you a copy of the voucher and the bill for the item.

Regards,
Art.

morgan8080_2

I bought a 3 seater corner settee 8 months ago and have been very unsatisfied with it. I rang to complain after 4 months and they passed it to the company who make it and they sent out an upholsturor who took photos then came back and re strung it underneath in the corner end and replaced 3 cushions notthe covering. The end they restrung is now somuch higher than the rest and the other cushions have now gone underneath. I rang them and the supplier said right we will pass it to the people who made it Lebus and they sent the same guy out who agrees with us its not right.
I never realised its the supplier i should be complaining to? Ami entitled to a refund or replacement as the settee is only 8 months old at most. Its not what you expect after this short time.

Art_2

morgan8080 wrote: »

I bought a 3 seater corner settee 8 months ago and have been very unsatisfied with it. I rang to complain after 4 months and they passed it to the company who make it and they sent out an upholsturor who took photos then came back and re strung it underneath in the corner end and replaced 3 cushions notthe covering. The end they restrung is now somuch higher than the rest and the other cushions have now gone underneath. I rang them and the supplier said right we will pass it to the people who made it Lebus and they sent the same guy out who agrees with us its not right.
I never realised its the supplier i should be complaining to? Ami entitled to a refund or replacement as the settee is only 8 months old at most. Its not what you expect after this short time.

You are entitled to a replacement.

Regards,
Art.

morgan8080_2

Even though i have accepted repair in past? I did this as i had no idea i had any rights i just thought they were being good repairing it.

Art_2

morgan8080 wrote: »

Even though i have accepted repair in past? I did this as i had no idea i had any rights i just thought they were being good repairing it.

Yes so long as the repairs were carried out with the authority of the retailer. If it has been repaired in the past you have a good case for stating the goods are not of merchantable quality. Put this in writing and tell them that if it is not resolved to your satisfaction you will go to the Small Claims Court. In view of the time of year give them a date say in mid January to resolve the matter or you will go to SCC.

Regards,
Art.

asmith013

Hello,
wonder if you could help?

I've been having a nightmare of a time with Fitness First. I signed up for a 3-month membership back in June and was told from the word go I would only need to make 3 monthly payments. Towards the end of my stint there I repeatedly came in to make sure I was handing my notice in at a correct date and that September 1st would be my last payment date. A month later they started sending me text messages saying I have an outstanding balance on my account and after a lot of discussion it was established I've been misinformed but still had to pay the balance which I did over the phone to avoid more hassle. I was then told my membership has been cancelled and they would make no further contact.

A few weeks later I received a phone call from my club saying there's been a break-in and all members' personal data has been stolen.

Another few weeks later (today to be exact) I received a phone call from a debt collecting agency saying Fitness First want me to pay my outstanding balance.


I'm fuming.
What do I do, is there any way I can reclaim some sort of damages? Not only was I forced to pay for a month's worth of gym membership I never used but my bank details have been stolen and my credit history is now under threat due to their fault in information exchange.

Any help would be highly appreciated.

Art_2

asmith013 wrote: »

Hello,
wonder if you could help?

I've been having a nightmare of a time with Fitness First. I signed up for a 3-month membership back in June and was told from the word go I would only need to make 3 monthly payments. Towards the end of my stint there I repeatedly came in to make sure I was handing my notice in at a correct date and that September 1st would be my last payment date. A month later they started sending me text messages saying I have an outstanding balance on my account and after a lot of discussion it was established I've been misinformed but still had to pay the balance which I did over the phone to avoid more hassle. I was then told my membership has been cancelled and they would make no further contact.

A few weeks later I received a phone call from my club saying there's been a break-in and all members' personal data has been stolen.

Another few weeks later (today to be exact) I received a phone call from a debt collecting agency saying Fitness First want me to pay my outstanding balance.


I'm fuming.
What do I do, is there any way I can reclaim some sort of damages? Not only was I forced to pay for a month's worth of gym membership I never used but my bank details have been stolen and my credit history is now under threat due to their fault in information exchange.

Any help would be highly appreciated.

You will have signed a contract and this will be what you will have to follow unless you can find other people who have the same claim for mis-selling. You can then challenge them for deliberate mis-selling.

Some months ago Watchdog dealt with this issue with a number of health clubs. It may be worth looking at their website.

As for your problem with data protection I really am not up to speed on this issue so maybe someone else can help you. I think I would also be speaking to the data protection ombudsman to get his opinion.

Regards,
Art.