Consumer Rights: MoneySavingExpert.com discussion

fagun

Art wrote:

Under the sale of Good Act 1979 the retailer is responsible. Don't accept any excuses from them. Put your problem in writing and keep a copy. Give them 7 days to replace the product or tell them you will take them to the small claims court. You will win the case!

Regards,
Art.

If the retailer doesn't respond, you may find it quicker talking to your credit card company if you bought it by card. Small Claims Court may take a while, and you are charged a fee upfront.

Art_2

fagun wrote:

:question: Martin,

Your updated note on Consumer Rights doesn't cover auctions. I think this is particularly important for eBay, because I think you have rights to require a refund if you buy faulty new goods from a trader on eBay (eBay selers currently can refuse a refund and only offer an exchange). See the extracts below from the CAB adviceguide.org website.

I researched this as I had a dispute with an eBay seller. In the end it was easier to get a refund from Barclaycard [got a full refund even though goods were only £20] than to pursue this with the seller.

If you have a problem with ebay they have a very good service themselves for resolving disputes with sellers. They basically take up your case and sort it out with the seller. They obviously have a lot of weight behind them as sellers don't want to be banned from selling on ebay.
If your problem is with PayPal, which is an ebay company, they offer a similar service.

Also, if you have problems with a seller don't forget to leave negative feedback on the site. This helps other buyers from seeing potential problems and avoiding bad sellers. It's also another way of getting a response from a seller who refuses to deal with your problem.

Look at the disputes procedure on the ebay site. Just go to: www.ebay.co.uk
and click on the 'safety centre' link at the bottom of the page. A similar link is available on PayPal.

Regards,
Art.

fagun

I tried the eBay dispute mechanism. All I got was automated e-mails, and referrals to published policies on their website. In my case, the seller offered a replacement but refused a refund. As the item broke so easily, I wanted a refund.

In any case, the same rights would also apply to other online auction sites???

Art_2

fagun wrote:

If the retailer doesn't respond, you may find it quicker talking to your credit card company if you bought it by card. Small Claims Court may take a while, and you are charged a fee upfront.

Your credit card company can only be called on if the goods are over £100. If the phone was a free or discounted one the card company won't get involved.

You're right about having to pay an up-front fee to use the Small Claims Court. This isn't a large amount and this is returned to you when you win as part of the judgement.

Regards,
Art.

Art_2

fagun wrote:

I tried the eBay dispute mechanism. All I got was automated e-mails, and referrals to published policies on their website. In my case, the seller offered a replacement but refused a refund. As the item broke so easily, I wanted a refund.

In any case, the same rights would also apply to other online auction sites???

I have had one dispute with ebay and one with PayPal and both were satisfactorily resolved by them in my favour.

It's true they use a lot of automated emails but they do have humans in their office in Richmond who generate the replies and follow up the complaints.

Regards,
Art.

fagun

Art wrote:

Your credit card company can only be called on if the goods are over £100. If the phone was a free or discounted one the card company won't get involved.

Art, not trying to be contrary. Per Consumer Credit Act you're absolutely right. However, I've found that card companies are quite good even for small amounts. This may be because I used Barclaycard & First Direct who both have a brand to protect and goodwill to maintain. I've just moved to Conran/Amex [as per Martin's recommendation] and they may be tougher. In any case, it's only a phonecall, so worth a try before going to court.

Art_2

In addition to the disputes procedure on ebay and PayPal purchases are also covered under their 'Purchase Protection Plan'. There are 2 levels of cover, one up to £120 and one up to £500.

Details can be found on the right hand side of any page where goods are described. In order to claim under their PPP you have to go through their dispute procedure but I found this very easy to do.

Regards,
Art.

the*dark*one

I bought a laptop from PC World back in March 2005 (yes, I know, PC World :rolleyes: ) it was only due to MSE that I bought it because it was a special offer :T

So anyway, I tried to turn it on this morning and the LCD bulb/backlight on the screen appears to have blown as the image is very, very dark and is barely showing. I still have the receipt/box but what I want to know is what position am I in here? Am I entitled to an exchange of a brand new but same model or can PC World just repair it and I have to hope for the best?

What about if it or something worse happens again? Would I then be able to get a new/similar product or would it be a case of PC World trying to fix the problem everytime?

Any advice would be much appreciated!

Art_2

the*dark*one wrote:

I bought a laptop from PC World back in March 2005 (yes, I know, PC World :rolleyes: ) it was only due to MSE that I bought it because it was a special offer :T

So anyway, I tried to turn it on this morning and the LCD bulb/backlight on the screen appears to have blown as the image is very, very dark and is barely showing. I still have the receipt/box but what I want to know is what position am I in here? Am I entitled to an exchange of a brand new but same model or can PC World just repair it and I have to hope for the best?

What about if it or something worse happens again? Would I then be able to get a new/similar product or would it be a case of PC World trying to fix the problem everytime?

Any advice would be much appreciated!

This really comes under fit for purpose clauses in the Sale of Goods Act.

If you are happy to have them repair it then let them go ahead but put them on notice that if you are not satisfied you will demand a replacement or a full refund. They will try to 'explain' that they have a right to repair but it's up to you. Maybe it's best to put your complaint in writing so you have a copy and state that you will demand a replacement if the repair is not to your satisfaction. Do this before you let them near the machine.

PC World has a poor reputation when it comes to dealing with customer complaints. Don't let the matter drag on. In your letter give them a specified amount of time to sort the problem out. 14 days seems about right. tell them if things aren't resolved in this time you will contact Trading Standards or use the Small Claims Court. As I said in a previous message, you will win your case.

Regards,
Art.

the*dark*one

Art wrote:

This really comes under fit for purpose clauses in the Sale of Goods Act.

If you are happy to have them repair it then let them go ahead but put them on notice that if you are not satisfied you will demand a replacement or a full refund. They will try to 'explain' that they have a right to repair but it's up to you. Maybe it's best to put your complaint in writing so you have a copy and state that you will demand a replacement if the repair is not to your satisfaction. Do this before you let them near the machine.

PC World has a poor reputation when it comes to dealing with customer complaints. Don't let the matter drag on. In your letter give them a specified amount of time to sort the problem out. 14 days seems about right. tell them if things aren't resolved in this time you will contact Trading Standards or use the Small Claims Court. As I said in a previous message, you will win your case.

Regards,
Art.

Hi Art,

Who should I make the complaint out to? Sorry, I've never had to do anything like this before and I know how notorious PC World's customer service is and just want to be armed and ready.

To be honest with you the laptop had been crashing about 2 months ago and the screen kept on freezing. I gave the laptop the usual anti-virus and firewall once over and it is clean of any viruses/Trojans/spyware etc. I’m not happy with it and this faulty screen is the last straw for me. I didn’t take it in for repair two months ago because I just didn’t want the headache.

What do you think my odds are on getting a new/replacement model instead of just getting it repaired?

Thank you