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Consumer Rights: MoneySavingExpert.com discussion

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  • What rights do you have to a refund/replacement with new cars?

    I bought a brand new car in november, 4 days later i discovered a puddle (about a couple of centimeters deep over the carpet!!!) in the passenger footwell which was caused by faulty door-seals.

    The car manufacturer (the finance department) claims that we have no right to a refund or replacement and it is their right to fix the vehicle. Is this true? Why would a car be any different to any other product that you can buy?

    Any help or advise would be helpful.

    We do now have a solicitor involved but it seems like getting through to the car manufacturer is like talking to a brickwall!!
  • Art_2
    Art_2 Posts: 1,602 Forumite
    What rights do you have to a refund/replacement with new cars?

    I bought a brand new car in november, 4 days later i discovered a puddle (about a couple of centimeters deep over the carpet!!!) in the passenger footwell which was caused by faulty door-seals.

    The car manufacturer (the finance department) claims that we have no right to a refund or replacement and it is their right to fix the vehicle. Is this true? Why would a car be any different to any other product that you can buy?

    Any help or advise would be helpful.

    We do now have a solicitor involved but it seems like getting through to the car manufacturer is like talking to a brickwall!!

    If you have involved a solicitor I suggest you let him deal with it for you. best not to take advice from a number of different sources.

    Regards,
    Art.
  • Sandrine_2
    Sandrine_2 Posts: 27 Forumite
    Sandrine wrote: »
    Hi all,

    Following my letter to Littlewoods, this is the reply I received:

    Dear Customer
    Thanks for the email about the washer/dryer, PE609.
    Unfortunately, as advised by our After Sales department, we have to wait for an engineer to call before we can authorise return of this item.
    I am sorry for any inconvenience caused.
    I have passed your query about Extra Care Advantage to the relevant department and someone will contact you shortly.
    Kind Regards

    Now I was wondering, if the engineer who comes to look at it does not have the required part to fix the machine (and thus the possible of having to wait for another visit to actually fix it) mean I am within my right to demand a return rather than having the inconvenience of waiting again (and asking my very nice neighbour to stand by so she can open the door to the engineer again)?

    I am just so disappointed with the reliability of the machine and myself for buying it as I have since read this type of model is known for breaking down...

    Well well, two people came to repair it as arranged. It turns out the fans had unscrewed itself and was causing the banging noise.

    The machine worked well for a while and then, surprise surprise!... the dryer is now not drying at all!!! :mad:

    You just cannot imagine how annoyed I am now! I think I will try to get advice from my Citizens Advice Bureau as to how I can get this heap replaced or refunded. Then I will contact Littlewoods.

    BTW, they do not stock this machine any longer as Servis has gone bust.
  • Sandrine_2
    Sandrine_2 Posts: 27 Forumite
    Sandrine wrote: »
    Well well, two people came to repair it as arranged. It turns out the fans had unscrewed itself and was causing the banging noise.

    The machine worked well for a while and then, surprise surprise!... the dryer is now not drying at all!!! :mad:

    You just cannot imagine how annoyed I am now! I think I will try to get advice from my Citizens Advice Bureau as to how I can get this heap replaced or refunded. Then I will contact Littlewoods.

    BTW, they do not stock this machine any longer as Servis has gone bust.

    ... And I am still waiting for a reply for the extra care advantage thingy they charged me even though I never asked for it & I don't even know what it is for...
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Sandrine wrote: »
    Well well, two people came to repair it as arranged. It turns out the fans had unscrewed itself and was causing the banging noise.

    The machine worked well for a while and then, surprise surprise!... the dryer is now not drying at all!!! :mad:

    You just cannot imagine how annoyed I am now! I think I will try to get advice from my Citizens Advice Bureau as to how I can get this heap replaced or refunded. Then I will contact Littlewoods.

    BTW, they do not stock this machine any longer as Servis has gone bust.

    You have been very patient with them over this one. Write to them, recorded delivery with a copy to head office, telling them the machine is 'not fit for purpose' and you demand a replacement or a refund. Tell them if they have not dealt with your problem to your satisfaction within 10 days you will go to the Small Claims Court.

    regards,
    Art.
  • I don't know how useful this will be but a few years ago WHICH? issued a credit card size card to members entitled Which Shoppers Rights Card, Your rights under the Sale of Goods ACT 1979 (as follows)

    Goods must: Fit the description given; Be of satisfactory quality; Be fit for their purpose. If not, the retailer is legally obliged to remedy the problem.

    The Sale & Supply of Goods to Consumers Regulation 2002

    You have the legal right to:
    Choose repair, replacement, partial or full refund, or compensation if a fault appears within 6 years (5 years in Scotland) and it is reasonable for goods to last that long.

    Remember if you have a complaint

    Goods must be faulty at time of purchase

    If you complain within 6 months, the onus is on the retailer to prove the goods were not faulty.

    If you complain after 6 months, the onus is on you to prove goods were faulty.

    This amendment to the law means that everyone has the right to a repair or replacement where goods are faulty. Now the onus is on the retailer to prove that a fault was not present at the time of purchase.

    As this came from Which I would have thought it was fairly spot on. Apologies if I have in any way muddied the waters.
  • davel_2
    davel_2 Posts: 22 Forumite
    davel wrote: »
    I bought a TV from Comet last June which has now developed a fault and won't switch on. I reported the fault and I had to wait a week for someone to come out to repair it, he couldn't make the repair as he needed to order parts. He returned a week later with parts, but still couldn't fix it. They returned 3 days later to take the TV away to the workshop. It has now been over 3 weeks since I first reported the fault and I have no idea when I will be getting it back.

    I think I have given them plenty of time and opportunity to repair my TV, and I now just want a refund. Can anybody tell me what my rights are with regard to a refund?

    To keep all updated that helped me with information; Yesterday I received a full refund for my TV. It took many phone calls and several hours at the customer services of my local Comet, but I managed it. I also got the manager to agree a decent discount on a new vacuum as compensation. He's also promised a good discount on a new TV should I buy it there, but I think I'll pass on that one!
  • 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.

    I'm having a similar problem with currys.

    I bought an acer aspire laptop 7 months ago and the sd card reader is faulty,i mentioned the problem at the shop of thursday and was told it could be repaired within 28 days.

    I then took the laptop back yesterday (friday) and demanded a replacement laptop under the sales of goods act.

    The arrogant manager said that i would under no circumstances recieve a replacement laptop and that the repair MAY take up to 28 days.

    The laptop is booked in on tuesday for REPAIR that May take UP TO 28 days i am still NOT happy at all.

    Surely i can claim a replacement under the sales of goods act?

    any help would be very much appreciated.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    smith586 wrote: »
    I'm having a similar problem with currys.

    I bought an acer aspire laptop 7 months ago and the sd card reader is faulty,i mentioned the problem at the shop of thursday and was told it could be repaired within 28 days.

    I then took the laptop back yesterday (friday) and demanded a replacement laptop under the sales of goods act.

    The arrogant manager said that i would under no circumstances recieve a replacement laptop and that the repair MAY take up to 28 days.

    The laptop is booked in on tuesday for REPAIR that May take UP TO 28 days i am still NOT happy at all.

    Surely i can claim a replacement under the sales of goods act?

    any help would be very much appreciated.

    Initially they have a right to attempt a repair. If the repair fails then you may be able to demand a replacement.

    Regards,
    Art.
  • njb286
    njb286 Posts: 39 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi all,

    I purchased some computer components from Scan about 3 weeks ago. Since then the motherboard has developed a fault. After carrying out the tests recommended by Scan they authorised an RMA. They then said that no fault could be found on testing. Now they are saying that the board was not compatible with the CPU I bought at the same time from them, and after a BIOS update the board should work and I am to contact them to arrange delivery.

    Well, I have since been and bought a new mainboard and would like a refund on the board from Scan. Am I within my rights to claim this?

    Thanks
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