Consumer Rights: MoneySavingExpert.com discussion

Becki-Boo_2

I have reecieved a letter from ASDA re my washing machine. In summary;my they are concerned that I have not contacted them before now

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.


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I have received a letter in response to my letter of complaint to ASDA. In summary;
1. As my bearings needed replacing after the 1 year guarantee had expired, they claim the manufacturer can repair BUT at my cost
2. Asda are unable to pay for the cost of repair as their Terms of Sale, which form part of the contract between us 'clearly' state ; should any product supplied by Us develop a fault at anytime, We cannot accept any liability for losses incurred, either business or personal, including loss of data occurring as a direct or indirect result of any fault.

I also mentioned in my letter that I felt it was an inherent fault and unfit for purpose and that I feel i am entitled to a replacement or refund. Their response ; until the item is proven to have an inherent fault, under the terms of the Sales of Goods Act, as the item is over 6 months old, the burden of proof would li with you as the end user of the product to provide evidence of an inherent fault.

Basically they are offering a big fat nothing. Any advice much appreciated

jorange5

Hi, this is my first post, I hope I do it right!

I ordered a case of wine from Virgin at the start of December. It said on the website that it was guaranteed to be with me before christmas. The box of wine was to be taken to my family on christmas day as a gift for having us and I'd told my family not to buy in any wine.

A few days before Christmas it hadn't arrived so I checked its status on the website and it said 'Dispatch Label Printed' so I assumed it was on its way.

It wasn't with us on Christmas eve so we had to go to Tesco and buy a load of rush-purchased plonk.

I spoke to Virgin when they opened in January and they offered a refund or re-send. They say it was up to me to get in touch when it hadn't arrived and that the guarantee did not extend to its delivery. I was pretty shocked and cancelled my subscription with them. We then got an email from the boss of VW asking if there was a problem he could help with. I replied and have not received anything back.

Does anyone know what a company should do if they say something is guaranteed and it doesn't happen?

Thanks in advance for any replies.

davilown

Art wrote: »

I'm assuming you bought this as a full working model in which case you are protected under the Sale of Goods Act. Send a recorded delivery letter rejecting the item as being 'unfit for purpose' under the SoGA and demand a replacement. If you paid by credit cardand the item was over 100 Pounds copy them and tell them you hold them equally liable. tell them you will go to the Small Claims Court if they don't deal with your problem satisfactorily.

Regards,
Art.

Hi Art

Thanks, I spoke to them again earlier and told them I would sen the recorded letter and possibly seek my money back via the small claims court. Once the supervisor understood this and that SoGA overrides their returns policy, he initiate a return and refund.

Hard work but thanks very much for your help

Art_2

jorange5 wrote: »

Hi, this is my first post, I hope I do it right!

I ordered a case of wine from Virgin at the start of December. It said on the website that it was guaranteed to be with me before christmas. The box of wine was to be taken to my family on christmas day as a gift for having us and I'd told my family not to buy in any wine.

A few days before Christmas it hadn't arrived so I checked its status on the website and it said 'Dispatch Label Printed' so I assumed it was on its way.

It wasn't with us on Christmas eve so we had to go to Tesco and buy a load of rush-purchased plonk.

I spoke to Virgin when they opened in January and they offered a refund or re-send. They say it was up to me to get in touch when it hadn't arrived and that the guarantee did not extend to its delivery. I was pretty shocked and cancelled my subscription with them. We then got an email from the boss of VW asking if there was a problem he could help with. I replied and have not received anything back.

Does anyone know what a company should do if they say something is guaranteed and it doesn't happen?

Thanks in advance for any replies.

it appears you have a breach of contract issue. write to Virgin pointing this out and ask for compensation.

Regards,
Art.

def_toned

Hi there, just wanted to pick your collected wisdom about what my best course of action should be in this case...

I bought a new PAYG phone in June 2007 from an O2 shop near my uni. The camera on the phone has since broken - I think an internal connection is loose as there is no outward damage, just fails to load the camera screen. As the phone still worked perfectly for its original function I was lazy and didn't do anything about it, until...

During a clearout the other day I discovered the mobile's original box and warranty card, and also the original receipt. The warranty card is valid for 24 months, technically meaning that I am entitled to a refund or replacement. HOWEVER the warranty card was not stamped by the dealer at the time of purchase (they didn't offer this, nor was I made aware that this was necessary for the warranty to be valid), the warranty card simply states that it "may be affected" if this is not present.

What rights, if any, do I have if I take the phone, warranty card and receipt to any O2 shop? (I can't get back to the original one that I bought it from, as this is now 150 miles from where I live!) I do have some consumer leverage because I top-up by between £10-£15 on a monthly basis.

Would be grateful for any help you can give, many thanks.

Damage

Hello everyone

Just a quick question here regarding my rights under the Sale of Goods Act where it states that goods must be fit for purpose and last for a reasonable period.

I have a Breville JK71 kettle here that has just conked out after 14 months. It was bought from Currys.

Having checked the internet I have found this is a common occurrence with this kettle, some people reporting that theirs only lasted a few months and others having problems with more than one of these kettles.

The damned thing was the most expensive one in the shop and I bought it (£49.99) because it was supposedly high quality and had 'Cafe Series' and 'Professional Grade Tools' on the box. Due to the price and description I expected it to last a considerable number of years.

So, as far as I'm concerned 14 months falls far short of the 'reasonable period' that a 'Professional Grade' kettle costing £49.99 should last, but I would welcome a more learned opinion on this before I contact Currys.

Any advice on how to proceed would be welcome too.

Thanks very much,

Art_2

Damage wrote: »

Hello everyone

Just a quick question here regarding my rights under the Sale of Goods Act where it states that goods must be fit for purpose and last for a reasonable period.

I have a Breville JK71 kettle here that has just conked out after 14 months. It was bought from Currys.

Having checked the internet I have found this is a common occurrence with this kettle, some people reporting that theirs only lasted a few months and others having problems with more than one of these kettles.

The damned thing was the most expensive one in the shop and I bought it (£49.99) because it was supposedly high quality and had 'Cafe Series' and 'Professional Grade Tools' on the box. Due to the price and description I expected it to last a considerable number of years.

So, as far as I'm concerned 14 months falls far short of the 'reasonable period' that a 'Professional Grade' kettle costing £49.99 should last, but I would welcome a more learned opinion on this before I contact Currys.

Any advice on how to proceed would be welcome too.

Thanks very much,

Mike

Tell Curry's you are rejecting the kettle as it has an inherent fault and produce the evidence you have from the internet. If they refuse you can go to the Small Claims Court. Send a copy of your complaint to their head office for the attention of their CEO.

Regards,
Art.

Art_2

def_toned wrote: »

Hi there, just wanted to pick your collected wisdom about what my best course of action should be in this case...

I bought a new PAYG phone in June 2007 from an O2 shop near my uni. The camera on the phone has since broken - I think an internal connection is loose as there is no outward damage, just fails to load the camera screen. As the phone still worked perfectly for its original function I was lazy and didn't do anything about it, until...

During a clearout the other day I discovered the mobile's original box and warranty card, and also the original receipt. The warranty card is valid for 24 months, technically meaning that I am entitled to a refund or replacement. HOWEVER the warranty card was not stamped by the dealer at the time of purchase (they didn't offer this, nor was I made aware that this was necessary for the warranty to be valid), the warranty card simply states that it "may be affected" if this is not present.

What rights, if any, do I have if I take the phone, warranty card and receipt to any O2 shop? (I can't get back to the original one that I bought it from, as this is now 150 miles from where I live!) I do have some consumer leverage because I top-up by between £10-£15 on a monthly basis.

Would be grateful for any help you can give, many thanks.

If you take all your paperwork with the phone to O2 they should deal with this for you although the phone may have to be sent back to the manufacturer for repair. If you have a problem with the local shop write to the head office stating the facts you have given here.

It's possibly best not to say you have had this fault for some time and not dealt with it before now.

Regards,
Art.

December_2

Quick question, on a Section 75 claim - can you claim for the interest paid on the purchase? I'm not too clued up on credit cards as I'm helping my dear old mum claim, but there is 2 interest payments on her card following the initial payment. I would think this is quite unfair that they should stand should we get our claim answered successfully.