Consumer Rights: MoneySavingExpert.com discussion

dontdoittodaydoitnow

abbd962 wrote: »

Hi there, I'm just looking for some advice with regards to the Sales of Goods Act.

I basically bought a toshiba laptop from Comet about 18 months ago and for some reason, through no fault of my own, the LED backlight on the back of my screen is broken. I contacted Comet who said I should have taken out their policy to cover myself against repairs like this. As a result they have refused to repair it under the Sales of Goods Act, which I think is completely wrong.

They have told me to send my laptop to an official toshiba repair centre which I have done but now they have said it's £100 to pay for the repair for a £500 laptop! I think it's appauling, when I buy a laptop I expect it to last a decent amount of time (other laptops I've had in the past have had no such problem) and I was therefore wondering if I'm covered under the SOGA and what steps I should now take to get the repair done for free.

Any help would be much appreciated. Thanks

I am also having a similar problem with an on-line retailer and they have so far ignored my SOGA requests. My laptop broke down with a motherboard problem after about 17month.
Where can I go from here?

Esqui

^ You should both go to the retailer requesting remedy under the Sale of Goods Act. If they refuse, obtain proof of an inherent fault (i.e. through an independent engineer report). If they still refuse after that, it's small claims court time.

rootie_2

HELP! i bought an oven with a 1 year warantee and did not extend it roughly 1 year and 1 week ago.:mad: last fri the oven went bang when i opened it and will not go back on. it looks like some steam got into the electrics but i would need an expert to confirm this. where do i stand? consumer direct says comet are notoriously difficult and to put it in writing, but its christmas how can i cope without an oven!!! can anyone give me a good link or some phrases to use. also what about the EU directive about 2years being a reasonable amount of time, i can't buy an oven every year!
many thanks

Art_2

rootie wrote: »

HELP! i bought an oven with a 1 year warantee and did not extend it roughly 1 year and 1 week ago.:mad: last fri the oven went bang when i opened it and will not go back on. it looks like some steam got into the electrics but i would need an expert to confirm this. where do i stand? consumer direct says comet are notoriously difficult and to put it in writing, but its christmas how can i cope without an oven!!! can anyone give me a good link or some phrases to use. also what about the EU directive about 2years being a reasonable amount of time, i can't buy an oven every year!
many thanks

In order for you to get a replacement or repair you will have to prove an inherent fault in the oven which will require you getting an independent report indicating the problem.

Regards,
Art.

Matty007

I bought a trestle table on ebay, for £45.00, when it arrived it wasnt suitable and I asked whether I might return the table and receive a refund.

I acknowledge that they are not obliged to offer a refund in normal retailing terms, however I wondered how the DSR might cover me to be entitled to a refund.

Now the next problem is that my wife was exceptionally efficient ( SILLY !! ) and took the original packaging to the tip.

Now the packaging was basic cardboard.

I did contact the company 4 days after receiving the table and they said without the original packaging they will not offer a refund.

Up to now I have not mentioned their legal obligation in ref: to Distance Selling Regulations.

However having thrown out the cardboard packaging, can you offer any advice please.

Thank you in advance.

Matty007

derrick

Matty007 wrote: »

I bought a trestle table on ebay, for £45.00, when it arrived it wasnt suitable and I asked whether I might return the table and receive a refund.

I acknowledge that they are not obliged to offer a refund in normal retailing terms, however I wondered how the DSR might cover me to be entitled to a refund.

Now the next problem is that my wife was exceptionally efficient ( SILLY !! ) and took the original packaging to the tip.

Now the packaging was basic cardboard.



I did contact the company 4 days after receiving the table and they said without the original packaging they will not offer a refund.

Up to now I have not mentioned their legal obligation in ref: to Distance Selling Regulations.

However having thrown out the cardboard packaging, can you offer any advice please.

Thank you in advance.

Matty007

Assuming it was a business you are dealing with, then DSR will apply, and you do not have to return the item in the original packaging, ( although for the life of me I cannot understand why people throw away the packaging so quickly when they may want to return before deciding the item is suitable. Surely 7 days is not unreasonable to hold on to it?). you have 7 WORKING days, beginning with the day after receipt of goods to inform them you wish to return, (this does not mean you have to return the item within those 7 WORKING days).

See [FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]; -

" From page 28; - 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.

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new."


How long have you had the table?
How did you contact the company to inform them you wanted to return the table?
A phone call is not sufficient,but an e-mail is, if you made a phone call,and you now have had the table for more than 7 WORKING days, then you will have missed out on the DSR and will have to rely on the companies goodwill.



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t_r

Hi I bought a generator from Aldi's just under two months ago and it has now developed a fault - wont start and run. Can Aldi insist that I return it to the manufacturer or is it reasonable to request a refund.
I would originally been happy for them to organise repair but since speaking to the manufacturers call centre all repairs have to be carried out at their premises which will obviously cost me a fortune as this is not a light item.

Thanks Chris

savemoney

I would say you are entitled to a repair if not practical then full or part refund

If it is repaired you are entitled to have it repaired in a reasonable time frame

derrick

t_r wrote: »

Hi I bought a generator from Aldi's just under two months ago and it has now developed a fault - wont start and run. Can Aldi insist that I return it to the manufacturer or is it reasonable to request a refund.
I would originally been happy for them to organise repair but since speaking to the manufacturers call centre all repairs have to be carried out at their premises which will obviously cost me a fortune as this is not a light item.

Thanks Chris

Your contract is with Aldi, it is up to them to arrange the repair at no cost to you, note the quotes below relate to the seller NOT the manufacturer!

SoGA
48A Introductory
(2) If this section applies, the buyer has the right—

(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b) under and in accordance with section 48C below—

(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii) to rescind the contract with regard to the goods in question.


48B Repair or replacement of the goods

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or

(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).



Aldis's phone numbers;-

Head office 01245 215000
Key Service Line, ( I think this is their tech line), 01422 263270


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babyj3

Hello I hope that I am on the right forum as I need advice and don't know who to ask
I bought several pieces of Aynsley Potttery in 2002 from a local china shop which has since closed down - I bought all in that particaular pattern as i loved it and collected it one or two pieces at a time and they were all bought as perfect The pattern was limited edition and no longer available to buy
I am the only person who touches it and am very careful with it and do not use the vaeses to put flowers in, they are just on show
I now find one of the vases has a crack all of the way round - it has not been damaged by anyone it has just cracked
I realise I have had it for several years but surely pottery should not just crack for no reason, it cost me £29.50 at the time. No one has touched it, moved it or could have damaged it but I cannot prove that and i do not know what my rights are after this amount of time although I do still have the receipts for all items.
I can only think it was substandard when made otherwise it would not have cracked like this but again cannot prove that, but you see pottery on the Antiques roadshow etc that is years old and still perfect so i caanot see why I should accept that mine should crack for no reason whatsoever
Can anyone advise if they think i have any rights . I would have taken it back to the shop and know that the owner would have exchanged as he knew me well enough to take my word on the matter - I am very upset and very cross that this has happened
Any advice would be gratefully received- thanking any of you who can help