Consumer Rights: MoneySavingExpert.com discussion

jennywtchy

Sorry it was £1,200 - was told had no rights and couldn't do anything about it

OlliesDad

Well if you have already disposed of the car there is very little that can be done now. If they were told by court to give a refund, it would be necessary for you to give the car back.

LillieFlower

Hi everyone

I bought a Ferguson DAB digital radio/CD player for £60-£70 from Currys around Easter 2008 (I do still have the receipt and can dig it out).

It's been working fine but over the last few days the radio has been stuck on Radio 4 (could be worse! :rotfl:), and won't change station.

Is there any way I can ask Currys to replace this as it's been over a year since I bought it? I don't think that under Martin's SAD FART rules it's lasted a 'reasonable length of time' for the money I paid.

Any thoughts would be appreciated!!!

LF

Antispam

The new EU Directive 1999/44 (see the PDF page 7) is at best misleading it applies its a guarantee, it is not a guarantee as such like normal 12 months it just as a guarantee that the product should be free from problems for up to 2 years but you may have to show prove of a fault after the first 6 months. The SOGA is the same but you normally have 12 months warranty

The fact is that a two-year guarantee applies for the sale of all consumer goods everywhere in the EU (Directive 1999/44/EC). In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period. (see email I got from EU below in purple)




This is not the case. The sale of goods act as informed by consumer direct and ECC: Trading Standards Institute have conformed to me that the best protection is the sale of goods act,, the EU directive only gives minimum protection across all member states something the SOGA has better protection





No you can get a fix if its not possible you may get some of your money back or perhaps a comparable replacement but you need some proof

After the first 6 months but usually 12 months due to guarantee it is up to you to prove the tv is defective that is not got a inherent fault in this case, you need to get evidence to support this

The sale of goods act applies here, dont go down the new EU directive

Also bare in mind if you paid a low price for a tv a court will take that into account if it goes that far

"After six months and until the end of the six years, it is for the consumer to prove the lack of conformity."

http://www.berr.gov.uk/whatwedo/cons...page38311.html

The new EU directive is at best misleading



Exact email I got from the EU http://ec.europa.eu/europedirect/


==========================================================
Dear xxxxx,

Thank you for your enquiry.
Directive 1999/44 applies to all sales and which requires manufacturers to provide repairs or replacement of goods that fail to conform to the sales contract for up to 2 years after the goods are sold.

This is the link to the Directive:
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&n umdoc=31999L0044&model=guichett


The Directive lays down a presumption that goods which show a lack of conformity within 6 months of purchase were defective at the time of purchase. After 6 months you have to demonstrate that the goods were defective when you purchased them.

As a result, it appears that the UK rules correctly implement the Directive on this point.

You can find out more on Directive 1999/44 on this official EU website:
http://ec.europa.eu/consumers/cons_i...s/index_en.htm


We hope this answers your query.

Yours sincerely,

Citizens Signpost Service

derrick

LillieFlower wrote: »

Hi everyone

I bought a Ferguson DAB digital radio/CD player for £60-£70 from Currys around Easter 2008 (I do still have the receipt and can dig it out).

It's been working fine but over the last few days the radio has been stuck on Radio 4 (could be worse! :rotfl:), and won't change station.

Is there any way I can ask Currys to replace this as it's been over a year since I bought it? I don't think that under Martin's SAD FART rules it's lasted a 'reasonable length of time' for the money I paid.

Any thoughts would be appreciated!!!

LF

I agree that it should last longer than what it has, I suggest you contact Currys , reminding them of the Sale of Goods Act, (SoGA), and informing them you expect them to repair it FOC.

They will try to fob you off, you will then have to print some of the SoGA info and send it to their head office,(might be as well to take it to the shop in the first instance), informing them if they do not repair you will take the matter to the small claims court.

SoGA info 1

SoGA info 2

SoGA info 3

SoGA 4 Part II Section14 (2.........). Part 5A, Section 48A,B,C,D,E.

Art_2

It cost £60-70 so won't be covered by SCC procedures.

Regards,
Art.

derrick

Art wrote: »

It cost £60-70 so won't be covered by SCC procedures.

Regards,
Art.

As far as I know there is no lower limit on SCC claims,(stand to be corrected)!

2 years ago I made a SCC claim from a retailer for £70. (inc £30. court costs), the £40. I had claimed was settled by my CC company, but they would not pay the court costs, I amended the claim to £30. and won, the retailer therefore paying me £30.

i.e "claims up to £300. fee £30."


From compactlaw
How much is a Small Claim ?

If the amount of money claimed is £5,000 or less then it is likely to be heard in the Small Claims Court.


From Citizens Advice; -

Financial value of the case
If the value of a case is £5,000 or less, it will generally be allocated to the small claims track.

mckearney2004

can anyone tell me if i am entitled to ask for a receipt for a payment made using my debit card?

does it make any difference living in scotland?

(paid my insurance factor using my debit card but receptionist said that they can,t send out receipt for payment made)

is this correct?

derrick

mckearney2004 wrote: »

can anyone tell me if i am entitled to ask for a receipt for a payment made using my debit card?

does it make any difference living in scotland?

(paid my insurance factor using my debit card but receptionist said that they can,t send out receipt for payment made)

is this correct?

No law to say a receipt has to be given, proof of money paid will be your debit card statement.

Art_2

Sorry derrick I was getting mixed up with the CC limit of £100.

Regards,
Art.