Consumer Rights: MoneySavingExpert.com discussion

shami

I purchased a laptop online with a CC in Sept. 07. I have had intermittent problems since purchase but I managed to resolve them by searching online for known issues/problems.

However, for the last few days all I get is a blank screen on start-up. I got no Windows discs (recovery/reinstallation stuff is on a partition) with the laptop so am unable to use any external media to get the laptop working.

I contacted Consumer Direct by email and to quote, as it is now about 18 months:

"Beyond six months, it becomes the consumer’s obligation to prove that defects are not a result of wear and tear or misuse. It appears that at this point, the burden of proof lies with you to show that the defects are not due to wear and tear. This means that you may need to ask the trader to agree for you to go ahead with an independent inspection on the basis that if the inspection supports your side of the case, you will be reimbursed by the trader for the cost of having this done."

Is this correct? As far as I am aware I have been as careful with my laptop as with our home pc etc. I can't see how a laptop can stop working after 18 months due to wear and tear. Any advice on how I should proceed with this would be greatly appreciated.
Thanks.

Art_2

shami wrote: »

I purchased a laptop online with a CC in Sept. 07. I have had intermittent problems since purchase but I managed to resolve them by searching online for known issues/problems.

However, for the last few days all I get is a blank screen on start-up. I got no Windows discs (recovery/reinstallation stuff is on a partition) with the laptop so am unable to use any external media to get the laptop working.

I contacted Consumer Direct by email and to quote, as it is now about 18 months:

"Beyond six months, it becomes the consumer’s obligation to prove that defects are not a result of wear and tear or misuse. It appears that at this point, the burden of proof lies with you to show that the defects are not due to wear and tear. This means that you may need to ask the trader to agree for you to go ahead with an independent inspection on the basis that if the inspection supports your side of the case, you will be reimbursed by the trader for the cost of having this done."

Is this correct? As far as I am aware I have been as careful with my laptop as with our home pc etc. I can't see how a laptop can stop working after 18 months due to wear and tear. Any advice on how I should proceed with this would be greatly appreciated.
Thanks.

Consumer Direct are correct. You are going to have to get an independent report to show the fault is a defect in the laptop and not down to you.

Regards,
Art.

George249

I bought a Microwave end last April. it has now ceased working. I took it back to Tesco who said as i did not have the original packing and the receipt for it they would do nothing. I have a bank statement showing a payment to Tesco for the said item. what can I do as the Microwave is 10 months old.

Many thanks.

Geo.

Ps I hope this is the right way to start a new thread, and it's my first post

Art_2

George249 wrote: »

I bought a Microwave end last April. it has now ceased working. I took it back to Tesco who said as i did not have the original packing and the receipt for it they would do nothing. I have a bank statement showing a payment to Tesco for the said item. what can I do as the Microwave is 10 months old.

Many thanks.

Geo.

Ps I hope this is the right way to start a new thread, and it's my first post

The bank statement is sufficient proof and Tesco should know this. If you are asking for a repair then they don't need the packaging. If they are replacing they can use the packaging from the one they give you. I wonder why they need packaging anyway on an item that doesn't work. If the local store won't help you then write to Sir Terry Leahy at their head office in Cheshunt, Herts.

Regards,
Art.

George249

Art wrote: »

Many thanks Art, just as I thought, I will go back again and retry and push harder.
Regards,
George

jjpb

I am after some advice, in June 2008 i purchased a mobile phone on a 18 month contract with (t Mobile) but purchased it through carphone wharehouse.

After about 2-3 months it keep's coming up "Emergency Calls Only" even though it is showing a full signal.

We spoke to T-mobile who said to take the phone into a t-mobile branch and upgrade the software, we did and still the same problem.

T-mobile then said they would change the Sim Card and that would sort it out, again the same problem.

T-mobile then said they have done everything they can and take it up with Carphone Wharehouse and the Manufacturer.

So a trip to Carphone Wharehouse who said it soulnds like a faulty antenna and they would repair it under the warranty. 10 days later phone back and guess what same problem.

i am unsure where i stand with this as nobody wants to take responsiblity for the phone.

Please help!

Art_2

jjpb wrote: »

I am after some advice, in June 2008 i purchased a mobile phone on a 18 month contract with (t Mobile) but purchased it through carphone wharehouse.

After about 2-3 months it keep's coming up "Emergency Calls Only" even though it is showing a full signal.

We spoke to T-mobile who said to take the phone into a t-mobile branch and upgrade the software, we did and still the same problem.

T-mobile then said they would change the Sim Card and that would sort it out, again the same problem.

T-mobile then said they have done everything they can and take it up with Carphone Wharehouse and the Manufacturer.

So a trip to Carphone Wharehouse who said it soulnds like a faulty antenna and they would repair it under the warranty. 10 days later phone back and guess what same problem.

i am unsure where i stand with this as nobody wants to take responsiblity for the phone.

Please help!

You have been very patient in this situation. Send a recorded delivery letter to Carphone Warehouse listing the full details. Tell them the phone is not fit for purpose and under the Sale of Goods Act you are rejecting it and demand a replacement.

Regards,
Art.

ruthiejb

Hello, I am new to MSE forums so I hope I don't break any rules! :A

I bought my boyfriend a wallet on sale from a website (reputable company) and the transaction went through and money was taken.

Over two weeks passed from the time the item was supposedly 'shipped' and I just received the money back and a message saying that they had made a mistake and the wallet was sold out (!).

I don't want the money back, I want a wallet at the price I paid. I have asked them to provide a substitute wallet (there is an almost identical one from this season) and was told (a bit rudely I thought!) "you are welcome to purchase any wallet you want"...

Do I have any rights to require them to provide a similar wallet at the same price? The consumer rights article doesn't really touch on it and I'm not hopeful but maybe someone knows something?

I'm not a fashionista and neither is my bf but I just wanted to get a nice present for him! Any help would be wonderful :T

Art_2

ruthiejb wrote: »

Hello, I am new to MSE forums so I hope I don't break any rules! :A

I bought my boyfriend a wallet on sale from a website (reputable company) and the transaction went through and money was taken.

Over two weeks passed from the time the item was supposedly 'shipped' and I just received the money back and a message saying that they had made a mistake and the wallet was sold out (!).

I don't want the money back, I want a wallet at the price I paid. I have asked them to provide a substitute wallet (there is an almost identical one from this season) and was told (a bit rudely I thought!) "you are welcome to purchase any wallet you want"...

Do I have any rights to require them to provide a similar wallet at the same price? The consumer rights article doesn't really touch on it and I'm not hopeful but maybe someone knows something?

I'm not a fashionista and neither is my bf but I just wanted to get a nice present for him! Any help would be wonderful :T

A lot of websites have it in their T&Cs that no contract exists until the goods are dispatched. I would imagine this company has this clause in which case you are unable to do anything to get them to supply a replacement.

Regards,
Art.

karen1976_2

i bought my son a psp for christmas from toyrus and he has done something and the screen is cracked will it be covered by any guarntee and if so will it be with toyrus or sony Please help as i have no money to replace it thanks