Consumer Rights: MoneySavingExpert.com discussion

Art_2

mshelsbels wrote:

Hi,
To cut a very very long story short, I placed an order for some integrated kitchen appliances with Boots Appliances online, on September 23rd, and paid for it immediately with a debit card (£1400 worth!). Almost instantly I got an email from them confirming my order, and stating ...."We have provisionally accepted your order and will contact you within 48 hours to confirm stock availability and a suitable delivery date. Payment for your order will only be taken once this has been advised...."
I then got a phonecall from them saying that a couple of my things were out of stock, and would be back in between 7-10 working days, then someone would call to advise delivery dates etc.
No-one ever called me back, so 10 days later I called them, and have been caling them every day since! What makes it worse is, they took the £1400 the second I ordered the goods online, so not only do I not have the items, I cant afford to buy them somewhere else! All they say is that someone from 'Out of Stock dept' will call me back. I've been very tolerant up to now, but I'm just about losing it. I've written to them asking them to deliver the goods which are in stock, but have had no reply. Apparently I get to speak to someone new each day, and I cant seem to get anywhere with them.

23 days later, I'm now moving into my new home next week complete with a appliance free kitchen!

Dixons were just as bad - I had massive problems in ordering a fridge freezer and cooker from them - they even told downright lies on the phone about some of their products. It really has taken the shine off a lovely new home.

What do I do now? I need the appliances (the kitchen fitters have had to go away to another job, as they couldnt wait any longer, so more money for them to come back), but cant get anywhere with Boots?

HELP!

Write to Richard Baker the Chief Executive of Boots at the head office in Nottingham. Send by recorded delivery. Tell him you want the matter resolved immediately and compensation for the extra costs you have incurred.

Regards,
Art.

Huge

Help!

I noticed that Carphonewarehouse October brochure includes an offer on page 24 of a "free bluetooth stereo headset worth 89.99 with all walkman phones".

The page does not show the new and cheapest w300i walkman phone that retails at £99 at CPW on Orange PAYG but it is listed in the same brochure on page 14.

I visited my local CPW store today and asked the salesman to show me the w300i and a compatible usb bluetooth headset. Both were in stock. I then pointed out the offer and asked to buy the phone with free headset.

Firstly he tried to tell me it was contract phones only. I pointed out the offer does not specify this and there is no small print about it not applying to the w300i. He rang head office and 20 minutes later came back and said he could not honour the offer and I should take it up with head office directly.

All of this was independently witnessed.

I came home and argued the case with CPW direct sales over the phone.
Again they refused to honour the offer. I insisted on speaking to the manager Andrew Hough and he tried to rely on a small disclaimer regarding all prices, offers and availability being subject to change appearing on the first page of the brochure.

I made it quite clear that I intended to lodge a complaint with trading standards and the ASA but he would not budge.

Does anyone know if a generic disclaimer like that could really help them to escape from all of their statory obligations so easily?

This deal is still being advertisied, the phone and free accessory are still available. Surely the law requires them to honour that, regardless of a pathetic disclaimer?

Art_2

Huge wrote:

Help!

I noticed that Carphonewarehouse October brochure includes an offer on page 24 of a "free bluetooth stereo headset worth 89.99 with all walkman phones".

The page does not show the new and cheapest w300i walkman phone that retails at £99 at CPW on Orange PAYG but it is listed in the same brochure on page 14.

I visited my local CPW store today and asked the salesman to show me the w300i and a compatible usb bluetooth headset. Both were in stock. I then pointed out the offer and asked to buy the phone with free headset.

Firstly he tried to tell me it was contract phones only. I pointed out the offer does not specify this and there is no small print about it not applying to the w300i. He rang head office and 20 minutes later came back and said he could not honour the offer and I should take it up with head office directly.

All of this was independently witnessed.

I came home and argued the case with CPW direct sales over the phone.
Again they refused to honour the offer. I insisted on speaking to the manager Andrew Hough and he tried to rely on a small disclaimer regarding all prices, offers and availability being subject to change appearing on the first page of the brochure.

I made it quite clear that I intended to lodge a complaint with trading standards and the ASA but he would not budge.

Does anyone know if a generic disclaimer like that could really help them to escape from all of their statory obligations so easily?

This deal is still being advertisied, the phone and free accessory are still available. Surely the law requires them to honour that, regardless of a pathetic disclaimer?

If the offer clearly states 'all walkman phones' then you are right. Write to Charles Dunstone the MD of Carphone. Tell him you expect him to honour the offer or you will send the details to the ASA. Send your letter recorded delivery and ask him to inform you of his decision within 7 days. Keep all the details you have in case you have to send them to ASA.

Regards,
Art.

Huge

As it's my daughters birthday in a day or two I have decided to buy the phone direct from an Orange shop where they offer free speakers rather than a bluetooth headset and it's ten pounds cheaper.

As for writing to Charles Dunstone I will give it a try.

However I was so incensed about this that I have already emailed a formal complaint to the ASA and Trading Standards explaining everything (I included scanned images of the brochure and names of CPW staff/stores involved).

I suppose I could offer to withdraw my complaint if they honour the offer within 7 days, although it's probably up to the ASA and TS if they persue it now as they wish.

I will have to wait and see I guess.

Joewrite

I bought a new computer from Mesh Computers six weeks ago. Since the beginning, it has a recurrent problem with freezing – it randomly freezes after about an hour. Their customer services have not answered faxes and phone calls and promises that the service manager will call back have not been kept. Mesh Technical support has been useless. After agreeing it was a hardware problem it took 3 more weeks to supply a new hard drive and memory – and it still freezes. I want to return the computer, get a refund, and start somewhere else. Do I have a right to do this? How do I get them to agree?
Many thanks.
Joewrite
(I'm a newbie and couldn't figure out how to post a new thread. Hope this is okay.)

Art_2

Joewrite wrote:

I bought a new computer from Mesh Computers six weeks ago. Since the beginning, it has a recurrent problem with freezing – it randomly freezes after about an hour. Their customer services have not answered faxes and phone calls and promises that the service manager will call back have not been kept. Mesh Technical support has been useless. After agreeing it was a hardware problem it took 3 more weeks to supply a new hard drive and memory – and it still freezes. I want to return the computer, get a refund, and start somewhere else. Do I have a right to do this? How do I get them to agree?
Many thanks.
Joewrite
(I'm a newbie and couldn't figure out how to post a new thread. Hope this is okay.)

Yes, you are within your rights to cancel your order with Mesh. Write to them, recorded delivery, telling them that you are rejecting the goods under the Sale of Goods Act as they are not fit for the purpose you purchased them. Tell them you want a full refund within 10 days or you will take them to the Small Claims Court. Send a copy of your letter to their MD.

Regards,
Art.

Joewrite

Art

Will do this and will post what happens.

Joe

welnik

Ive just realised that if I had ordered my Sky through QUIDCO, I would have got cashback. Ive just placed the order and I am wondering if there is a cooling off period. I ordered it online through their site. I was then going to reorder to get my quidco cashback.

cheers
Wel

gunternetzer

Hi All

Read the article with interest. However it does not cover the situation where the shop insists that the fault in the goods was caused by the customer.

My OH bought a hat, wore it for a week, then realised on closer inspection that it had a hole in it. She thought that this was a manufacturing defect and took it back to the shop to swop it. She was served by the manageress who told her that the hole was clearly caused by a cigarette burn and so she was not going to allow a swop or a refund. This is improbable because neither of us smoke! Since it was the managress's name on the receipt, she also insisted that the shop (Benetton) only sold perfect goods that were carefully inspected before sale. My OH was not happy but the manageress told her to call a 0870 number and to submit a formal complaint in writing.

I think this is outrageous, do we have any come back on this? It is basically the manageress's word against my OHs, who is very upset at being accused of being a liar. Very grateful for any advice.

Art_2

gunternetzer wrote:

Hi All

Read the article with interest. However it does not cover the situation where the shop insists that the fault in the goods was caused by the customer.

My OH bought a hat, wore it for a week, then realised on closer inspection that it had a hole in it. She thought that this was a manufacturing defect and took it back to the shop to swop it. She was served by the manageress who told her that the hole was clearly caused by a cigarette burn and so she was not going to allow a swop or a refund. This is improbable because neither of us smoke! Since it was the managress's name on the receipt, she also insisted that the shop (Benetton) only sold perfect goods that were carefully inspected before sale. My OH was not happy but the manageress told her to call a 0870 number and to submit a formal complaint in writing.

I think this is outrageous, do we have any come back on this? It is basically the manageress's word against my OHs, who is very upset at being accused of being a liar. Very grateful for any advice.

Put your complaint in writing to their head office.

Regards,
Art.