Consumer Rights: MoneySavingExpert.com discussion

derrick

arjang wrote: »

hi
i bought a tv monitor last december. due to the product faulty i sent it back to get it repaired. unfortunately, after one month i was informed that was not repairable therefore i was entitled to a replacemnet of the same or equivalent product. the retailer rejects to provide me with a replacement as it does not have the same product and the other products with the equivalent specifications cost about £100 more.

i would appriciate any legal advice.

Ask them for a refund, it is within 6 months so it is up to them to put it right, if they are not willing to refund then inform them you will take them to the small claims court under the Sale of Goods Act, (SoGA), and that it will cost them more as they will incur court costs as they,(?) have accepted it is faulty.

Is it the retailer who has informed you that it is irreparable? If so I cannot see their problem!

arjang_2

thank you derrick, i sent it back to manufacturer because i had three year guarantee. i dont want to be refuned because i wont get this tvmointor for this price as it was on clearance. the price is £230 on the market but i bought it for £130. even if the retailer had the same product it wouldnt have offered me a replacement as the product would cost more.

derrick

arjang wrote: »

thank you derrick, i sent it back to manufacturer because i had three year guarantee. i dont want to be refuned because i wont get this tvmointor for this price as it was on clearance. the price is £230 on the market but i bought it for £130. even if the retailer had the same product it wouldnt have offered me a replacement as the product would cost more.

Your contract under SoGA is with the retailer not the manufacturer, so in practice it is the retailer you should be corresponding with and taking the court action against, if that becomes necessary.

You might not get what you want, even at court, as if the repair/replacement is "disproportionately costly" they may just refund you.

From BERR; -


Q11. The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead.

arjang_2

derrick wrote: »

Your contract under SoGA is with the retailer not the manufacturer, so in practice it is the retailer you should be corresponding with and taking the court action against, if that becomes necessary.

You might not get what you want, even at court, as if the repair/replacement is "disproportionately costly" they may just refund you.

From BERR; -


Q11. The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead.

thank you for the advice. i have to accept the refund.

echo

echo wrote: »

37'' samsung LCD telly bought from freemans ( buy now pay next year) four months ago.has developed a fault where the screen goes black but switching on/off gets picture back again.phone call made to freemans last Friday who said they would pass on contact details to engineers and should receive a fone call Monday at the latest.it didn't happen so a call was made directly ( was given engineers number from freemans when call was made last week) this morning to find out that the wrong details had been given and the engineers tried ringing yesterday but gave up ( one would expect them to contact freemans).tv is gonna be picked up a week today but not sure how long they will keep it for.fone call to samsung ( by myself) tell me that when freemans buy in bulk it's on the understanding that samsung wash their hands of the goods and freemans take over once goods have been purchased.i asked samsung if it was possible for a replacement and was told that if the goods have a problem within two weeks then a replacement can be given-once bought, any queries have to be taken up with freemans

the person who bought the tv wasn't in a position to buy online or the high street ( hence the catalogue) and for the fact that it's pretty new and could quite possibly go wrong again once repaired can one go down the road of asking freemans for a new tv? i understand that if the engineer's keep the telly for longer than two weeks then it's deemed acceptable to ask for a replacement.hope somebody can help me a bit

sue

that quote was on November 4th.i don't want to go into detail cos it's TOO long but the tv was eventually collected 2 weeks ago!

ST3000

Hello,

Just over 2 Years ago I bought a brand new Sony PS3 (£300.00) from a private seller on Ebay. Last week it failed to start and the power light is flashing. I now know this (Google'd it) to be an irrepairable fault that seems to be an all too common manufacturing flaw with the PS3 system.

I cannot find the seller, so I think that Sony is responsible for a replacement because the failure of the unit is within the serviceable lifespan.

They say they can sell me a reconditioned unit for £145.00 and that's all they can do because the warranty of 2 years has expired.

Should I accept this offer?

Art_2

ST3000 wrote: »

Hello,

Just over 2 Years ago I bought a brand new Sony PS3 (£300.00) from a private seller on Ebay. Last week it failed to start and the power light is flashing. I now know this (Google'd it) to be an irrepairable fault that seems to be an all too common manufacturing flaw with the PS3 system.

I cannot find the seller, so I think that Sony is responsible for a replacement because the failure of the unit is within the serviceable lifespan.

They say they can sell me a reconditioned unit for £145.00 and that's all they can do because the warranty of 2 years has expired.

Should I accept this offer?

You have no rights against the seller in a private sale. Also you do not have a contract with Sony, the original buyer did.

Sony seem to have made you a very fair offer. Accept it.

Regards,
Art.

samrich1

We've just signed paperwork for PCP finance. I originally asked if we could pay our deposit in instalments, the dealer said we could. He arranged to have the papers signed a couple of days after our first instalment, which we thought nothing of.
I must explain that we are complete novices in all this and have never bought a car on finance, therefore I am now in a bit of a tizz having just realised we will now be paying our first finance payment the same time as we will be paying our balance for the deposit.
I feel a bit annoyed that this was not explained fully before we signed anything, no time was taken to go through things properly with us, and I feel we were rushed. Is there anything I can do to put off the first finance payment for another month? Or are we now legally bound?
Please HELP!

drussii

On 16th September 2008 my wife bought, online from Miller Bros, a Sharp R-959M Microwave Oven with Grill and Convection for £164.98. The unit has developed a problem of severe vibration and very loud banging and rattling when using the unit in an oven mode. Miller Bros have since gone out of business and so we contacted Sharp as the unit is still within its 12 month warranty. They gave me an address of a company in Exeter, we live in North Cornwall 60 miles away, who say they will charge me £40 to collect and deliver after repairing the unit or I can deliver it myself to Torrington which is 40 miles away. Am I bound to pay this charge?, we have found on reading the guarantee that Sharp state they will not be responsible for the charge.

Art_2

drussii wrote: »

On 16th September 2008 my wife bought, online from Miller Bros, a Sharp R-959M Microwave Oven with Grill and Convection for £164.98. The unit has developed a problem of severe vibration and very loud banging and rattling when using the unit in an oven mode. Miller Bros have since gone out of business and so we contacted Sharp as the unit is still within its 12 month warranty. They gave me an address of a company in Exeter, we live in North Cornwall 60 miles away, who say they will charge me £40 to collect and deliver after repairing the unit or I can deliver it myself to Torrington which is 40 miles away. Am I bound to pay this charge?, we have found on reading the guarantee that Sharp state they will not be responsible for the charge.

Yes, you are responsible for paying the charge.

Regards,
Art.