Consumer Rights: MoneySavingExpert.com discussion

darbooka

An elderly neighbour purchased a small antique whilst on holiday, and it was broken on the return flight. She is very upset. Is there any legal recourse that she can take?

Art_2

darbooka wrote:

An elderly neighbour purchased a small antique whilst on holiday, and it was broken on the return flight. She is very upset. Is there any legal recourse that she can take?

A lot depends on her insurer but I think they may only pay out on the value she paid for it. This isn't much help to her if she really liked the item. The other possibility is to see if the insurer will repair the item. They have experts who specialise in this, but again it depends on the cost.

Regards,
Art.

Mouschka

Thanks Art:D
Virgin arranged for collection and the wine is gone. Now to check the Credit Card....

Art_2

Mouschka wrote:

Thanks Art:D
Virgin arranged for collection and the wine is gone. Now to check the Credit Card....

Glad it worked - although it might have been nice if they hadn't arranged pick-up then you could have enjoyed some free wine!

Regards,
Art.

amberz

Hi any advise on this please?. I bought a suite(paid cash) complained soon after that a spring on a cushion had gone, took them two mths to arrive to see it, the man lifted it dropped it on it's back and ripped the bottom open ignoring me telling him it was not the under but the cushion.He told me there was nothing wrong underneath lol and said it was illegal to sell cushions with spring's in nowaday's. Much to his embarrassment he was wrong:).Opened the cushion, glued a piece of foam to it and closed it back over. Was so angry I did'nt notice he had left the underneath hanging on the floor until I saw my G/child chewing what turned out to be a large staple from the bottom half.After months of word from them now and then they told me they had ordered a new suite for me. I told them they should have asked me firstly, as I dont want the same suite again. I am to choose another suite in store or their web catalogue. I have looked every week and still cannot see one I like even a little.I have told the manager of the store this and he said I would need to keep looking till I do!. Meanwhile I am still sitting with this suite another two spring's up on cushions now and still the gaping bottom. I asked him what happens if there was no replacement I could see, and he told he had no clue, I wouldnt be able to have my money back. That has my back up now as I payed cash waited 12 wks for delivery, complained within a month of it's arrival and now 12month's later I am still sitting with the same. I am so angry I feel like taking them the full way and claim them for my g/child chewing a staple, which if swollowed could have been serious for her, they have never ever even said sorry for that mistake.Also for the repairer telling me more or less I was a dizzy blonde and they didnt make cushions sprung anymore lol.All he said was "you can work for someone for 20yrs and still learn something new every day".I know this will read too long in explanation, but I really can't get over how much they think they can get away with. I would like to know my rights if any regarding the issue "No money alternative" if I can't see another suitable. I have my reciiept, this suite cost me £2,500.
thanks for your time in advance

amber.

Art_2

amberz wrote:

Hi any advise on this please?. I bought a suite(paid cash) complained soon after that a spring on a cushion had gone, took them two mths to arrive to see it, the man lifted it dropped it on it's back and ripped the bottom open ignoring me telling him it was not the under but the cushion.He told me there was nothing wrong underneath lol and said it was illegal to sell cushions with spring's in nowaday's. Much to his embarrassment he was wrong:).Opened the cushion, glued a piece of foam to it and closed it back over. Was so angry I did'nt notice he had left the underneath hanging on the floor until I saw my G/child chewing what turned out to be a large staple from the bottom half.After months of word from them now and then they told me they had ordered a new suite for me. I told them they should have asked me firstly, as I dont want the same suite again. I am to choose another suite in store or their web catalogue. I have looked every week and still cannot see one I like even a little.I have told the manager of the store this and he said I would need to keep looking till I do!. Meanwhile I am still sitting with this suite another two spring's up on cushions now and still the gaping bottom. I asked him what happens if there was no replacement I could see, and he told he had no clue, I wouldnt be able to have my money back. That has my back up now as I payed cash waited 12 wks for delivery, complained within a month of it's arrival and now 12month's later I am still sitting with the same. I am so angry I feel like taking them the full way and claim them for my g/child chewing a staple, which if swollowed could have been serious for her, they have never ever even said sorry for that mistake.Also for the repairer telling me more or less I was a dizzy blonde and they didnt make cushions sprung anymore lol.All he said was "you can work for someone for 20yrs and still learn something new every day".I know this will read too long in explanation, but I really can't get over how much they think they can get away with. I would like to know my rights if any regarding the issue "No money alternative" if I can't see another suitable. I have my reciiept, this suite cost me £2,500.
thanks for your time in advance

amber.

Put the full story in writing to them and if they are part of a chain send a copy to the head office as well. Send by recorded delivery. Tell them the suite is not of merchandable quality and under the Sale of Goods Act you demand a refund of all monies paid. Tell therm if they do not comply within 21 days you will instigate proceedings through the Small Claims Court. Hopefully, that will do the trick for you.

Regards,
Art.

adagio_2

Can you force a shop to sell you goods if you see them mistakenly under-priced?

No, sorry. If they’re mis-priced the shop can refuse to sell you them. There is no contract until it has accepted the cash. Before that point they can refuse (and if it is on the internet even if they have accepted that case, it can argue using the Law of Mistake that the transaction isn’t finalised). However, you can report them for misleading prices to the trading standards office. See extra briefing on Misleading Prices.

Are you sure about the 'accepted the cash' bit? My understanding is that the contract is made when an offer is made and accepted.

David

Scarlett

Hiya

I bought an ALBA LCD 15 in TV from Tesco on 30/7/05. It gave up the ghost on 1/8/06, one day after the guarantee ran out (typical!). It took me a while to locate the receipt, but I've got it now, and I paid £189.97 for the telly.

I've just rung Tesco to see what they say, but they said it's out of the 12 month guarantee so I will have to pay £30-£40 for a call-out fee for an engineer, and from the way the CSA was speaking, I will be paying for the repair.

Is that right? Is 14 months for an LCD telly a "reasonable amount of time"?

I want to call Tesco back, but I don't really know what to say...

Any advice?

Thanks

Art_2

adagio wrote:

Are you sure about the 'accepted the cash' bit? My understanding is that the contract is made when an offer is made and accepted.

David

Yes, this is correct. When a retailer prices his goods he is technically inviting you to trade with him. If he has mispriced the goods he can change his mind before you finalise a deal. As previously stated, if it is common you should report him to Trading Standards.

Regards,
Art.

Art_2

Scarlett wrote:

Hiya

I bought an ALBA LCD 15 in TV from Tesco on 30/7/05. It gave up the ghost on 1/8/06, one day after the guarantee ran out (typical!). It took me a while to locate the receipt, but I've got it now, and I paid £189.97 for the telly.

I've just rung Tesco to see what they say, but they said it's out of the 12 month guarantee so I will have to pay £30-£40 for a call-out fee for an engineer, and from the way the CSA was speaking, I will be paying for the repair.

Is that right? Is 14 months for an LCD telly a "reasonable amount of time"?

I want to call Tesco back, but I don't really know what to say...

Any advice?

Thanks

Go back to Tesco and tell them that it is unreasonable for a TV to stop working after a year and they are responsible for sorting it out. Write, recorded delivery, to their head office in Cheshunt, Herts.

The reasonability clause is something retailers are fully aware of but they try and hide behind the 12 month guarantee.

Regards,
Art.