Consumer Rights: MoneySavingExpert.com discussion

Tozer

Jesska wrote: »

Hi, I recently bought an item of clothing in a shop with my debit card.
It was too small, and as I bought it for an event the next day, an exchange now would be pointless.
The item still has the tags on and I have the receipt, however the card I used has expired. Is there anyway I can get the money back? Or will it have to be a credit note?

Many thanks.

Assuming there is nothing wrong with the item, it is down to the policy of the particular store as to whether they refund or issue a credit note.

Art_2

Jesska wrote: »

Hi, I recently bought an item of clothing in a shop with my debit card.
It was too small, and as I bought it for an event the next day, an exchange now would be pointless.
The item still has the tags on and I have the receipt, however the card I used has expired. Is there anyway I can get the money back? Or will it have to be a credit note?

Many thanks.

If there was nothing wrong with the item then the store is in their rights not to do anything at all. You say it is too small but that is down to you to check prior to purchase.

Regards,
Art.

xxhayley_hxx

Tozer wrote: »

Assuming there is nothing wrong with the item, it is down to the policy of the particular store as to whether they refund or issue a credit note.

Depends on company policy. I work at next retail and I'd be able to give you a full refund, even if you didn't like the item doesn't matter the reason aslong as it is in a condition to be resold. Though, I'd have to have your original card to be able to put the money back onto it because thats the means you have paid. So, our store could put it onto a gift card (which then can be given away as a present or for personal use) instead of a refund card as you have your receipt.

MRS_TO_BE_2

Art...I wanted to thank you for your advice about my servis washing machine that broken after 2 years. I wrote to Argos and the credit card company. Argos rang me the same day they received the letter and let me choose a replacement machine to the value of what I originally paid plus the cost of the report from the repair company...I am now awaiting delivery of a brand new machine and am extremely please with the service I have received from them.

Art_2

MRS_TO_BE wrote: »

Art...I wanted to thank you for your advice about my servis washing machine that broken after 2 years. I wrote to Argos and the credit card company. Argos rang me the same day they received the letter and let me choose a replacement machine to the value of what I originally paid plus the cost of the report from the repair company...I am now awaiting delivery of a brand new machine and am extremely please with the service I have received from them.

Good to hear you got a good result.

Regards,
Art.

rolopolo_2

Hi,

I bought a new mobile phone at the end of March this year from O2. Yesterday it developed a fault. Although it looked as though it was connected to O2 with five bars reception showing, it was not able to send or receive calls. This resulted in me missing several very important (one emergency) calls. I found out when I got home that my phone had not been working all day despite it looking like it should. I took the battery out, put it back in and it started working.

I contacteded who told me some dust had got in the back from being carried in a pocket or bag. I said that if that was the case my phone was not 'fit for purpose' as a mobile phone is designed to be carried around. I got put through to a supervisor who told me I had to take my phone back to the O2 shop to get it fixed.

I spoke to the shop who told me they would send my phone off to get fixed, probably involving a software upgrade and then they would test it.

My issue is that the phone would pass all tests at the moment as it is working completely. I no longer trust the phone as I keep it for emergency contacts. I simply want to replace my phone for a different one.

I contacted O2 several more times and was told that I needed to switch my phone on and off a few times a day to make sure it is working, freezing happens all the time with all phone manufacturers, and finally it is not a 'fault'. I pointed out that this had never happened to me with any of my other phones.

I asked what happens if I send the phone off and it comes back having been serviced but without having diagnosed and fixed the specific fault, and O2 just told me that would be down to the manager on the day.

I know that for the first six months, the onus is on the retailer to prove the phone is not faulty and I am worried if I accept a repair and wait for the fault to happen again, it could be outside of this six months.

I really just want to replace my phone with a different manufacturer's phone. Do I have to accept the repair? The phone only cost around £35 so I can't believe there is a big cost saving between repair/replacement for O2. I certainly do declare the phone is not 'fit for purpose' but where do I go from here?

Any advice at all most gratefully received.

Art_2

rolopolo wrote: »

Hi,

I bought a new mobile phone at the end of March this year from O2. Yesterday it developed a fault. Although it looked as though it was connected to O2 with five bars reception showing, it was not able to send or receive calls. This resulted in me missing several very important (one emergency) calls. I found out when I got home that my phone had not been working all day despite it looking like it should. I took the battery out, put it back in and it started working.

I contacteded who told me some dust had got in the back from being carried in a pocket or bag. I said that if that was the case my phone was not 'fit for purpose' as a mobile phone is designed to be carried around. I got put through to a supervisor who told me I had to take my phone back to the O2 shop to get it fixed.

I spoke to the shop who told me they would send my phone off to get fixed, probably involving a software upgrade and then they would test it.

My issue is that the phone would pass all tests at the moment as it is working completely. I no longer trust the phone as I keep it for emergency contacts. I simply want to replace my phone for a different one.

I contacted O2 several more times and was told that I needed to switch my phone on and off a few times a day to make sure it is working, freezing happens all the time with all phone manufacturers, and finally it is not a 'fault'. I pointed out that this had never happened to me with any of my other phones.

I asked what happens if I send the phone off and it comes back having been serviced but without having diagnosed and fixed the specific fault, and O2 just told me that would be down to the manager on the day.

I know that for the first six months, the onus is on the retailer to prove the phone is not faulty and I am worried if I accept a repair and wait for the fault to happen again, it could be outside of this six months.

I really just want to replace my phone with a different manufacturer's phone. Do I have to accept the repair? The phone only cost around £35 so I can't believe there is a big cost saving between repair/replacement for O2. I certainly do declare the phone is not 'fit for purpose' but where do I go from here?

Any advice at all most gratefully received.

If the phone is working normally when O2 test it then that is all they can do. How often does this happen? Maybe if they kept the phone and used it over a period then if the fault returned they would be able to see it. Alternatively the next time it happens take it into your O2 shop and show them.

This is a difficult one as in order to accept the phone as faulty the fault has to be evident.

Regards,
Art.

rolopolo_2

Thanks for your quick reply Art.

I know it is a rather tricky one. The fault has only happened once so far, but it did have rather serious complications for me as my daughter was trying to contact me to say she had been injured on a school trip and I didn't get the message. (picture heaps of parental guilt...)

The problem is the trust has now gone for me with the phone. It wouldn't be so bad if I could tell it had stopped working by looking at it, but the screen still shows it is connected fine to O2 so I have no idea it is faulty. Whenever I am out, I would have to keep trying to phone to make sure it is working which rather negates the convenience of having the phone.

I could give it to them for a while, but it took two months of continuous use for it to happen so the chances of them duplicating it seem slim.

Do I have to just bite the bullet and buy a new phone? Very annoying as it has a year's guarantee, but I have to be able to trust my phone.

Thanks

Art_2

rolopolo wrote: »

Thanks for your quick reply Art.

I know it is a rather tricky one. The fault has only happened once so far, but it did have rather serious complications for me as my daughter was trying to contact me to say she had been injured on a school trip and I didn't get the message. (picture heaps of parental guilt...)

The problem is the trust has now gone for me with the phone. It wouldn't be so bad if I could tell it had stopped working by looking at it, but the screen still shows it is connected fine to O2 so I have no idea it is faulty. Whenever I am out, I would have to keep trying to phone to make sure it is working which rather negates the convenience of having the phone.

I could give it to them for a while, but it took two months of continuous use for it to happen so the chances of them duplicating it seem slim.

Do I have to just bite the bullet and buy a new phone? Very annoying as it has a year's guarantee, but I have to be able to trust my phone.

Thanks

I'm afraid to say that if the phone is working you can't do much about it. Have you looked at the manufacturers site on the web. Some have good forums where others may have reported the same problem. If this is the case then you are in a much stronger position to argue with O2.

Regards,
Art.

rolopolo_2

That's a good idea Art. I did contact Sony-Ericsson and they said they had had no record of the fault before. However, I did a search of reviews of the phone on various review sites, and lots of people have reported that fault.

I'll go back to the Sony-Ericsson website to see if they have a Forum and if anyone else has reported it.

Thanks