Consumer Rights: MoneySavingExpert.com discussion

DUNDALKSPUR_2

A month ago I signed a contract with Zenith to supply a double garage door(ie convert 2 single to a double) for £3k .They insisted on a deposit of £450 which I paid.
They have now renaged on the deal as they said they had underestimated by £2k =3 weeks after the surveyer came round to look at it.Unfortuately they did have a clause re survey etc.

Have I any rights to make them stick to the price I initially agreed on ?
What I find so unfair is that I only had a week to cancell my initial contract -but these people can come back after a month and cancel the contract or demand in this case an extra £2k ?

Any advise please-

Art_2

DUNDALKSPUR wrote: »

A month ago I signed a contract with Zenith to supply a double garage door(ie convert 2 single to a double) for £3k .They insisted on a deposit of £450 which I paid.
They have now renaged on the deal as they said they had underestimated by £2k =3 weeks after the surveyer came round to look at it.Unfortuately they did have a clause re survey etc.

Have I any rights to make them stick to the price I initially agreed on ?
What I find so unfair is that I only had a week to cancell my initial contract -but these people can come back after a month and cancel the contract or demand in this case an extra £2k ?

Any advise please-

Do you have an official contract with them

Regards,
Art.

DUNDALKSPUR_2

Art wrote: »

Do you have an official contract with them

Regards,
Art.

Hi -yes I do !

Art_2

DUNDALKSPUR wrote: »

Hi -yes I do !

In that case write to their head office telling them you will sue in the Small Claims Court if they don't honour their agreement.

Regards,
Art

sashman

DUNDALKSPUR wrote: »

A month ago I signed a contract with Zenith to supply a double garage door(ie convert 2 single to a double) for £3k .They insisted on a deposit of £450 which I paid.
They have now renaged on the deal as they said they had underestimated by £2k =3 weeks after the surveyer came round to look at it.Unfortuately they did have a clause re survey etc.

Have I any rights to make them stick to the price I initially agreed on ?
What I find so unfair is that I only had a week to cancell my initial contract -but these people can come back after a month and cancel the contract or demand in this case an extra £2k ?

Any advise please-

Possibly. Most contracts are subject to survey, just incase the there are serious concerns not visible from the initial quotation, however new laws are coming in to outlaw mis selling, intentionally misleading at the point of sale.

I'd certainly challenge what it was that they now need to find an extra £2k for, besause you'll have a stronger case, if they're unsubstantiated additionaly costs.

sashman

Hallistic

It would appear that I am like many other shoppers who have bought goods from COMET Stores only to find them defective and refused the right to have the goods replaced. I bought a camera in June, battery had a small charge at the time and this was mentioned to the store assistant. After charging and using as directed we found that the battery life was not as described and after a few uses the charge was used up. I went back to the store after 6 weeks only to be told that the store policy was not to replace items after 28 days the only option they gave me for the item to be sent back to the manufacturer.

I contacted their Head office by phone only to be told by their Customer Services that the decision to reair or replace was down to the Branch Manager. This was unacceptable and I sent a recorded letter to their Head Office using one of Money Saving Expert's standard letters (goods less than 6 months) requestiung a reply in 7 days.

14 days later still no response, Consumer Direct advise contacting my Credit Card Company. My reluctance is why should COMET get away with their stance which by all accounts is contrary to the Sales of Goods Act but Trading Standards is not prepared to take any action stating that it is up to me to take the matter to court if I am unhappy! So much for our rights!

Art_2

Hallistic wrote: »

It would appear that I am like many other shoppers who have bought goods from COMET Stores only to find them defective and refused the right to have the goods replaced. I bought a camera in June, battery had a small charge at the time and this was mentioned to the store assistant. After charging and using as directed we found that the battery life was not as described and after a few uses the charge was used up. I went back to the store after 6 weeks only to be told that the store policy was not to replace items after 28 days the only option they gave me for the item to be sent back to the manufacturer.

I contacted their Head office by phone only to be told by their Customer Services that the decision to reair or replace was down to the Branch Manager. This was unacceptable and I sent a recorded letter to their Head Office using one of Money Saving Expert's standard letters (goods less than 6 months) requestiung a reply in 7 days.

14 days later still no response, Consumer Direct advise contacting my Credit Card Company. My reluctance is why should COMET get away with their stance which by all accounts is contrary to the Sales of Goods Act but Trading Standards is not prepared to take any action stating that it is up to me to take the matter to court if I am unhappy! So much for our rights!

Send a recorded delivery letter to the store and their head office. Tell them that they have failed to honour their responsibilities under the Sale of Good Act and you are going to the Small Claims Court if they haven't dealt with your complaint satisfactorily within 7 days. Copy your CC company.

If you haven't received satisfaction within 7 days go to court.

Regards,
Art.

derrick

Hallistic wrote: »

It would appear that I am like many other shoppers who have bought goods from COMET Stores only to find them defective and refused the right to have the goods replaced. I bought a camera in June, battery had a small charge at the time and this was mentioned to the store assistant. After charging and using as directed we found that the battery life was not as described and after a few uses the charge was used up. I went back to the store after 6 weeks only to be told that the store policy was not to replace items after 28 days the only option they gave me for the item to be sent back to the manufacturer.

I contacted their Head office by phone only to be told by their Customer Services that the decision to reair or replace was down to the Branch Manager. This was unacceptable and I sent a recorded letter to their Head Office using one of Money Saving Expert's standard letters (goods less than 6 months) requestiung a reply in 7 days.

14 days later still no response, Consumer Direct advise contacting my Credit Card Company. My reluctance is why should COMET get away with their stance which by all accounts is contrary to the Sales of Goods Act but Trading Standards is not prepared to take any action stating that it is up to me to take the matter to court if I am unhappy! So much for our rights!

TS will not do anything, waste of space, unless they are targeting car boot sales to stop a few dodgy CDs being sold.

You should contact you CC company, (as long as the camera cost in excess of £100.), as they are jointly liable with the retailer and they will contact Comet as they will not wish to be giving money away if they can help it.

Store policy is irrelevant as the 28 days means nothing in law,(maybe inform TS that Comet are attempting to obstruct your statutory rights, that is a criminal offence, they may want to get involved then), and it is up to the retailer to prove the goods conformed to standards at the time of purchase for the first 6 months, so you are well in there.
One problem is that batteries are described as consumables, and as such usually fall outside any warranties and rights.

They are entitled to send the battery to the manufacturers for testing under the SoGA I am afraid, so maybe worth letting them do so.

SausageCat_2

Hi

I've never posted here before, but I really need some advice please.

At the end of July I ordered online and received a pair of shoes, but I sent them back the day after they were delivered. Unfortunately, the package has gone missing since. I was also away in August so only recently got in touch with the company.

The parcel was sent by standard delivery and I got a proof of posting (which the company suggests you do). The company basically says it's my problem and will not refund the money, so I should go to Royal Mail to get compensation. If there is no other way, I will have to claim compensation but the maximum amount I could get is less than the purchase price.

I have also contacted my bank but they said they can't help me.

I think the only possible way left other than the Royal Mail route is to contact the Trading Standards, and would like to know whether my posting of the item would be enough to constitute the cancellation of the contract.

Any suggestions would be appreciated.

Thank you

Esqui

You are not required to send back the packaging so long as you take reasonable care of the goods.

See here: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.

This is part of the Distance Selling Regulations which apply to purchases over the internet, it is UK law.