Consumer Rights: MoneySavingExpert.com discussion

deanos

They dont have to refund, they usually put the balance on a gift card nowadays to spend another time

henrysb

Hi, my girlfriend bought me a camcorder on her debit card from Comet for Xmas. It does not work but as she bought it on 19th Nov, Comet say that it has to be sent off for investigation/repair as it was bought over 28 days ago. We wanted it for our holiday on 2nd Jan but the manager at Comet says that there is nothing he can do.

Do I have any options available to me in order to get a refund or exchange within the next couple of days?

Thanks

frase64

deanos wrote: »

They dont have to refund, they usually put the balance on a gift card nowadays to spend another time

They wouldn't even do that and insisted that if I didn't spend the balance of the vouchers I'd lose it!

derrick

henrysb wrote: »

Hi, my girlfriend bought me a camcorder on her debit card from Comet for Xmas. It does not work but as she bought it on 19th Nov, Comet say that it has to be sent off for investigation/repair as it was bought over 28 days ago. We wanted it for our holiday on 2nd Jan but the manager at Comet says that there is nothing he can do.

Do I have any options available to me in order to get a refund or exchange within the next couple of days?

Thanks

The 28 days is Comets policy and does not take precedence over the law, Sale of Goods Act,(SoGA), part of which says it "must be of merchantable quality and fit for purpose", as it does not work it falls foul of both of those terms so you are entitled to a refund.

However there is also the matter of "reasonable time", not defined in law, and they might have a point as it is now over a month ago,(did you inform them at time of purchase that it was a Christmas gift? as that could have some bearing on the time factor).

I would inform them that they have a duty under SoGA to refund, ( for the reasons I mentioned above), and if they don't you will take the matter to the small claims court.

It won't get you over your holiday date if they refuse, but at the moment that is the way it is!

SoGA , see Qs 2 & 4 in particular, also Q 6.your contract is with Comet, don't let them fob you off to take your complaint to the manufacturer.

If necessary contact Trading Standards, or Consumer Direct.

Phone numbers for Consumer Direct without using the rip off 0845; -

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.


Website address for above; - http://www.consumerdirect.gov.uk/about/how-we-help/

Becki-Boo_2

I have a consumer rights question regarding one year warranty. I have a washing machine that broke down just after one year and I had the bearing s replaced which cost me £80. It is now only 20 months old and the bearings have gone again and the concrete slab holding it down has completely disintegrated and crumbled (all over my floor). the machine is completely un useable.

I have used the washing in a normal fashion and feel the washing machine has broken and now ineffective in a very short time.

Does anybody know if my rights are protected by an Act, and if so, which Act and what should I do now?

Should the dealer repair the machine free of charge even if the warranty has expired?

derrick

Becki-Boo wrote: »

I have a consumer rights question regarding one year warranty. I have a washing machine that broke down just after one year and I had the bearing s replaced which cost me £80. It is now only 20 months old and the bearings have gone again and the concrete slab holding it down has completely disintegrated and crumbled (all over my floor). the machine is completely un useable.

I have used the washing in a normal fashion and feel the washing machine has broken and now ineffective in a very short time.

Does anybody know if my rights are protected by an Act, and if so, which Act and what should I do now?

Should the dealer repair the machine free of charge even if the warranty has expired?

Yes, you are protected by the Sale of Goods Act, (SoGA), ignore the warranty, it is in addition to, and cannot take away your statutory rights (SoGA), you should not have paid for the first repair,and even so that repair should be guaranteed, so your claim in the first instance would have been under SoGA as "not of merchantable quality" and "not fit for purpose".

See SoGA and contact the retailer, (not the manufacturer), for repair and refund of payment for first repair, you can also contact Trading Standards, ( you might get someone up to their job), and also Consumer Direct, see above post #1857 for CD telephone numbers.


.

Becki-Boo_2

derrick wrote: »

Yes, you are protected by the Sale of Goods Act, (SoGA), ignore the warranty, it is in addition to, and cannot take away your statutory rights (SoGA), you should not have paid for the first repair,and even so that repair should be guaranteed, so your claim in the first instance would have been under SoGA as "not of merchantable quality" and "not fit for purpose".

See SoGA and contact the retailer, (not the manufacturer), for repair and refund of payment for first repair, you can also contact Trading Standards, ( you might get someone up to their job), and also Consumer Direct, see above post #1857 for CD telephone numbers.


.

Fantastic response - thank you so much for your help, I shall get right onto it

Matty007

Hi Guys

Bought a PS3 for my boys for £269.99 from Zavvi !!

It is now playing up and would like your advice as the retailer has or is going into administartion.

What do you think guys ??

Matty007

Art_2

Matty007 wrote: »

Hi Guys

Bought a PS3 for my boys for £269.99 from Zavvi !!

It is now playing up and would like your advice as the retailer has or is going into administartion.

What do you think guys ??

Matty007

If you had a warranty which was from a separate company you can claim on this. If not contact the administrator and ask them that you should do. failing this you will have to talk to the manufacturer to see if they will help.

Regards,
Art.

bobalob

Information taken from Zavvi website, published by the Joint Administrators, re exchanges/refunds:

The Joint Administrators will accept exchanges in store of faulty goods or the exchange in store of unwanted goods within 28 days of date of purchase, on the following basis: ·

No cash refunds will be given for any returns, or for the difference between original purchase price and the replacement item.


Customers shall be allowed to exchange goods with an identical direct replacement, or for an alternative up to the same value based on current selling prices. An item returned may not be exchanged for more than one replacement

For all returns with a value per customer in excess of £50, proof of purchase must be provided. In such circumstances, customers shall be allowed to exchange these goods with an identical direct replacement, or for alternative goods to the same value based on current selling prices.

Proof of purchase may still be required for returns below £50 per person at the store manager’s discretion.


Where goods benefit from an original manufacturers warranty customers should contact the original supplier directly regarding the exchange / replacement of faulty goods.


Customers shall be required to pay the excess if the price of the replacement selected exceeds the item returned. Any customers unable to exchange items in accordance with the above policy or with an outstanding claim that has not been satisfied under the above policy should write to the Joint Administrators at the following address, enclosing details of their claim together with original proof of purchase and quoting their full name and address for return correspondence:

zavvi Returns
c/o The Joint Administrators zavvi Group
Ernst & Young LLP
100 Barbirolli Square
Manchester
M2 3EY
email: [EMAIL="zavvireturns@uk.ey.com"]zavvireturns@uk.ey.com[/EMAIL]