Consumer Rights: MoneySavingExpert.com discussion

cp1_2

somebody help me please!!!

My mum bought me a gold necklace for xmas and now less than 3 months later it has just fallen apart in 2 separate places although I did not catch it on anything. I did not even wear it for much of those 3 months.

Anyway, we returned to the small, independent jewellers where it was bought and they're denying that they ever sold a necklace like that!!! We no longer have the receipt as we have bought loads of jewellery from them over the years and never had any problems. We do have the bank statement showing that we paid £100 with them shortly before xmas but they are saying that we could have bought anything with them, not specifically that necklace. They say that they don't sell chains like that and that the hallmark is from a supplier that they do not use. Their receipt system is to handwrite receipts with a duplicate underneath that they keep but they tell us that they would not still have this duplicate. Surely they should??? They told us that it may have been a second hand necklace as they do sell second hand stock but if this was the case, my mum was not informed of this at the time of purchase. Also they've said that even if it was second hand it would have been worth more than the £100 that she paid for it and seemingly they never do sales so that would not explain why we got it at that price.

I'm totally baffled as of course it was bought there, but how do we prove otherwise? We both regularly buy jewellery in there as gifts so I'm disgusted with their customer service as the staff do say that they recognise us as regular customers so we'd hardly be trying to pull a fast one after all these years. Finally as a gesture of goodwill they have offered to try to repair it but as it has quite complicated links they do not know if they will be able to. Also I'm wary of having it repaired as I think if it already fell apart so easily then it is very likely to happen again. Can anyone give me any advice on what to do next? Do we have any consumer rights or is there anyone else we can approach on this?

Art_2

cp1 wrote: »

somebody help me please!!!

My mum bought me a gold necklace for xmas and now less than 3 months later it has just fallen apart in 2 separate places although I did not catch it on anything. I did not even wear it for much of those 3 months.

Anyway, we returned to the small, independent jewellers where it was bought and they're denying that they ever sold a necklace like that!!! We no longer have the receipt as we have bought loads of jewellery from them over the years and never had any problems. We do have the bank statement showing that we paid £100 with them shortly before xmas but they are saying that we could have bought anything with them, not specifically that necklace. They say that they don't sell chains like that and that the hallmark is from a supplier that they do not use. Their receipt system is to handwrite receipts with a duplicate underneath that they keep but they tell us that they would not still have this duplicate. Surely they should??? They told us that it may have been a second hand necklace as they do sell second hand stock but if this was the case, my mum was not informed of this at the time of purchase. Also they've said that even if it was second hand it would have been worth more than the £100 that she paid for it and seemingly they never do sales so that would not explain why we got it at that price.

I'm totally baffled as of course it was bought there, but how do we prove otherwise? We both regularly buy jewellery in there as gifts so I'm disgusted with their customer service as the staff do say that they recognise us as regular customers so we'd hardly be trying to pull a fast one after all these years. Finally as a gesture of goodwill they have offered to try to repair it but as it has quite complicated links they do not know if they will be able to. Also I'm wary of having it repaired as I think if it already fell apart so easily then it is very likely to happen again. Can anyone give me any advice on what to do next? Do we have any consumer rights or is there anyone else we can approach on this?

A bank statement is sufficient proof of purchase but I guess you are going to find it difficult to show what item you bought.

I would ask to see the manager and explain the circumstances. tell him that if he doesn't sort out the problem for you then you will go to the Small Claims Court.

Regards,
Art.

cp1_2

Art wrote: »

A bank statement is sufficient proof of purchase but I guess you are going to find it difficult to show what item you bought.

I would ask to see the manager and explain the circumstances. tell him that if he doesn't sort out the problem for you then you will go to the Small Claims Court.

Regards,
Art.

Thanks for the prompt reply. Any idea if the bank statement would hold up in a small claims court as a proof of purchase? I really would rather not have the hassle but to sell us something so bad and then accuse us of lying really winds me up!!

Art_2

cp1 wrote: »

Thanks for the prompt reply. Any idea if the bank statement would hold up in a small claims court as a proof of purchase? I really would rather not have the hassle but to sell us something so bad and then accuse us of lying really winds me up!!

yes, a bank statement is evidence in a SCC.
If the shop dispute the item you bought it is for him to prove differently.

I think if you make it clear to the shop what you are going to do they will eventually sort the problem for you.

Regards,
Art.

Ash888

Art wrote: »

It sounds as if Game are making you a refund less an allowance for the 2 years use you have had. Technically they could ask for the unit to be returned.

If I were you I would check with them the details of their offer.

Regards,
Art.

thanks for the response Art. game offered £141.66 based on the console expecting to last 3 years and me paying £425 back in 2007. it should be £283.33 as they only lasted me a year each but i will pick that with them when i call tomorrow.

i was going to ask if i have to return the console, but i thought id try and find out before incase i put my foot in it. they havent mentioned it in the letter.

Art_2

Ash888 wrote: »

thanks for the response Art. game offered £141.66 based on the console expecting to last 3 years and me paying £425 back in 2007. it should be £283.33 as they only lasted me a year each but i will pick that with them when i call tomorrow.

i was going to ask if i have to return the console, but i thought id try and find out before incase i put my foot in it. they havent mentioned it in the letter.

Game are right in offering the lower amount. You paid for one item and have had 2 years of use not 1. Replacements do not start afresh with new warranties.

Regards,
Art.

1978carter

I purchased a few items from an internet martial arts site but returned all of them. Upon refunding me I have been charged a "restocking fee" of 10% of the total order and postage. I have checked their terms and conditions and it does stat that they we charge a fee.

Are companies allowed to charge such fees?

Cheers

shallwehaveacoffee

Can anyone help and advise me what my rights are? I found a large dead spider inside one of my grapes! The grapes came from a punnet from a well known store so must have passed through quality control checks. I am aware of natural occurrances in food products like this, however believe that due to the size of this spider you would have to be blind not to see it!
Any advise on what to do would be greatly appreciated....I still have said spider!:eek:

Art_2

1978carter wrote: »

I purchased a few items from an internet martial arts site but returned all of them. Upon refunding me I have been charged a "restocking fee" of 10% of the total order and postage. I have checked their terms and conditions and it does stat that they we charge a fee.

Are companies allowed to charge such fees?

Cheers

If it's clearly stated in the T&Cs then they are allowed to charge a restocking fee.

Regards,
Art.

Art_2

shallwehaveacoffee wrote: »

Can anyone help and advise me what my rights are? I found a large dead spider inside one of my grapes! The grapes came from a punnet from a well known store so must have passed through quality control checks. I am aware of natural occurrances in food products like this, however believe that due to the size of this spider you would have to be blind not to see it!
Any advise on what to do would be greatly appreciated....I still have said spider!:eek:

If it was in a punnet then the grapes were possibly pre-packed before they entered the country.

Take them back to the store and tell them what you found. I'm sure they will give you a replacement and a shopping voucher.

Regards,
Art.