Consumer Rights: MoneySavingExpert.com discussion

Art_2

say187 wrote: »

I was just wondering about the incorrect amount on the receipt as well, I just sent an email to Amazon and see what happens.

Thanks for your reply.

If the receipt is wrong point it out to them and I'm sure they will amend it. I've never had any problems when dealing with Amazon - a good company.

Regards,
Art.

simonfmduncan

is the company allowed to keep £5 if i chose to cancel using distance selling rights?

I entered into a discussion about getting a loan and on the phone they offered me the exact thing i wanted, and i paid a fee (foolish i know)
Later i went to the website as instructed and in order to read the comments i had to accept T&C's i did so without fully reading them (like who doesn't)

I found that there was not a loan available to me and it was a sham, i made a comment to them stating i had decided that i didn't want them to proceed and i wished to cancel, the reply was blunt stating i accepted t&c's and that was it, i read the T&C's and found clause 13 right to cancel and get refund. good i though i did so, waited and waited, phone them after the time limit and they stated i didn't request in time, i managed to prove that they did receive the letter well within the time allowed, and that they should give me a refund or i would raise a small claims in court.

after a couple of calls later i managed to get them to agree that a refund was my entitlement, but they stated they were to keep £5, i feel this is theft, i would understand if i did use some service and chose not to take their offers but i din't nor did they do any other service, to me the right to cancel and get refund should be a full refund.

reading the T&C's 11 nd 12 do not apply and in 13 there is no mention of them keeping £5




11. We charge a fee for providing our services. We specify the fee as part of our communications with You. If We provide You with no services other than acting as a loan or finance broker and You do not effect a loan or debt related solution offered by a lender or finance related company within the 10 weeks We act for You, We will refund the fee less the £5 brokerage fee provided for by the Consumer Credit Act 1974. Refunds must be requested in writing to avoid refunds being sent to a wrong or previous address. To facilitate Us processing payments and post dated payments You authorise Us to retain your charge, credit or debit card details.
12. If we provide services other than acting as a loan or finance broker we shall be entitled to charge a fee for those services. If we introduce you to a lender or financial company that provides you with a loan or finance related product in addition to the fee you pay us we may also receive a variable commission form the lender or finance company (more detail is available on request) and You agree We may retain it. If after we enter into this agreement you commission us to perform another service for you for which we usually charge a fee for such as our Credit Research service then you agree to be bound by the terms and conditions of that additional service. You also agree that in some cases the initial fee you paid less the £5 brokerage fee may be transferred over to cover the costs of this additional service. This may affect your rights to a refund.
13. Under Financial Services (Distance Marketing) Regulations 2004 you have a right to cancel your application within 14 days of receiving these terms and conditions and receive a refund. If You wish to cancel your application, You must write to UnsecuredLoanCompany.net notifying us. In this event We will refund your fee within 14 days of the date on which You write to Us to cancel your application. Any such requests should be made to

payless

Ok what would be a reasonable time for a Bosch washing machine to last -( £400 , so not the cheapest around)
purchased 28 months ago, repaired after about 5 months ( new circuiit board) now not completing a cycle so likely a sensor or circuit board again.

Do people think this might be a valid claim under SOGA against the retailer given the timescales / cost of item for them to repair ( assuming they don't offer in first place)

payless

so after initially telling me they (dixons) had no libiality , I finally got a through to a dept- to consider the case they are saying I need to get an independent report to prove a manufacturing fault before they will consider it further

Art_2

payless wrote: »

so after initially telling me they (dixons) had no libiality , I finally got a through to a dept- to consider the case they are saying I need to get an independent report to prove a manufacturing fault before they will consider it further

They are right. in order to get them to repair the machine free of charge you will have to prove there is an inherent fault. You need to balance the cost of repair against the cost of obtaining a report. If the report shows an inherent fault you can claim the report cost back.

Regards,
Art.

Dragonrat

We had our double glazing replaced just under five years ago, including the back door. A few weeks ago, something snapped within the door, rendering it useless. We are unable to contact the double glazing firm, as they disappeared into the sunset not long after doing our replacements (we didn't even get a proper receipt from them). However, I've identified the manuafacturer of the locking part of the door (Avocet) and contacted them instead. They say that the lock should have lasted longer, and they would have given the company a 5 year guarantee on it, minimum. But they say that doesn't apply to us, as they don't deal with retail customers. I've had to buy a new lock device for the door; does consumer law cover me for this? Surely if the part was faulty, it's up to them to sort something out?

derrick

Dragonrat wrote: »

We had our double glazing replaced just under five years ago, including the back door. A few weeks ago, something snapped within the door, rendering it useless. We are unable to contact the double glazing firm, as they disappeared into the sunset not long after doing our replacements (we didn't even get a proper receipt from them). However, I've identified the manuafacturer of the locking part of the door (Avocet) and contacted them instead. They say that the lock should have lasted longer, and they would have given the company a 5 year guarantee on it, minimum. But they say that doesn't apply to us, as they don't deal with retail customers. I've had to buy a new lock device for the door; does consumer law cover me for this? Surely if the part was faulty, it's up to them to sort something out?

Your contract was with the company that "disappeared into the sunset " not the manufacturer, if you paid on finance, then you could try claiming from them, i.e. finance company or CC company, you will need proof of purchase/installation.

Bacardi_queen

I bought a dress a couple of months back from Motelrocks.com that was in their sale line. When I received it and tried it on, i discovered it didn't fit me. I called for a refund however the assistant told me I wasn't allowed a refund, only an exchange or credit note. Then I saw this site and realised that under Distance Selling Regulations, i am allowed a refund within 7 days as I bought it over the internet. The assistant refused to accept this, however eventually she agreed to let me have a refund on this one occassion, even though I told her it was against EU regulations and she needed to update the website.

The reason I'm writing this now is because there are some lovely dresses on there that I want again (I buy quite a lot from Motel) however they still say on their sale items that they are non-returnable. I don't know whether to risk it and buy it anyway, hoping that I will be able to get refund if they don't fit, or if there is anything I can do to make them update their policy (which is illegal anyway!). Can I advise Trading Standards or some other body that they're contravening EU regulations? It's such a shame as I really like their clothes and they only have one store in Bristol so I can't even go to the store to try them on before I buy!

deanos

Report the website to trading standards.

derrick

They seem to have it right according to their returns policy.