Consumer Rights: MoneySavingExpert.com discussion

Art_2

crazypotato wrote: »

Just to note that Dell Financial services is part of CIT group not Dell itself, therefore does this give me 'section 75' cover?
Thanks

tell them the laptop is not of merchantable quality and not fit for purpose and you will go to the Small Claims Court if they don't deal with your problem for you. Once you hear from them on Monday put this in writing if they still refuse to help you.

As you paid part of the cost with your credit card then your card company is also liable so copy them in on any letter to Dell and ask them to sort it out for you.

Regards,
Art.

crazypotato

Thanks very much, that's what I thought, just wanted to check I wasn't barking up the wrong tree :beer:

caroline1973lefty

hi i wonder if anyone can advise me. i took a train journey about 4 months ago and have been meaning to complain and ask for a refund / compensation - is it too late? basically the train broke down and we were left sitting on the train at the platform, not told anything for an hour, then kicked off, it was a sunday so the next train was a 2 hour wait. i had to make a connecting train at exeter to finish my journey at a reasonable hour, so i got a cab to exeter which cost me £30. the actual train ticket only cost about £15. can i claim a) refund of train fare and b) refund of cab fare?

many thanks!

Art_2

caroline1973lefty wrote: »

hi i wonder if anyone can advise me. i took a train journey about 4 months ago and have been meaning to complain and ask for a refund / compensation - is it too late? basically the train broke down and we were left sitting on the train at the platform, not told anything for an hour, then kicked off, it was a sunday so the next train was a 2 hour wait. i had to make a connecting train at exeter to finish my journey at a reasonable hour, so i got a cab to exeter which cost me £30. the actual train ticket only cost about £15. can i claim a) refund of train fare and b) refund of cab fare?

many thanks!

My advice is to forget it. You haven't left yourself much chance by not dealing with it at the time.

Regards,
Art.

joe.s_2

Hello,

I wonder if anyone can help me.

I bought 2 pairs of underwear from Calvin Klein store yesterday, both boxed. On the photo on the box, one of them was a black pair and one of them was a white pair, each had a small round sticker with 'S' on, for small. I purchased them, the cashier confirmed that I wanted to buy small, as exchanges weren't applicable to underwear for hygiene, which I agreed.

However when I got home, both pairs were white. So first thing this morning I went back to the store and asked if I could swap the one which should be black as they are the wrong colour - and that I was aware there is a policy for not exchanging underwear, but that I hadn't changed my mind, the product was wrong.

The supervisor said that the product wasn't wrong, and that as the small sticker with and 'S' on was white, this clearly indicated the product was white. I claimed that this was rather unobvious and there was nowhere that indicated this was the case, nowhere on the box that indicated that the contents may differ from those pictured and nowhere on the box or sticker that had the word 'white'. She said there was absolutely nothing she could do as it would have to go through the till.

I asked if the sticker had been black and the product was white, would she do an exchange, and she replied "Um, yeah, probably". She kept on telling me that as it was their policy, she can't exchange them, but I argued that their policy can't take away my statutory rights and that I believed this to be misrepresentation. She was adamant, so I said I would return (tomorrow) when their manager was in.

Do I have a case here for exchange? She said that I could have checked inside the box before I purchased, but as there was a photo on the front, I didn't think I would need to check. If I bought a box of cornflakes from Sainsbury's, but it turned out be a box of carrots, could Sainsbury's use the same argument?

Many Thanks,

Joe

crazypotato

Art wrote: »

tell them the laptop is not of merchantable quality and not fit for purpose and you will go to the Small Claims Court if they don't deal with your problem for you. Once you hear from them on Monday put this in writing if they still refuse to help you.

As you paid part of the cost with your credit card then your card company is also liable so copy them in on any letter to Dell and ask them to sort it out for you.

Regards,
Art.

Hi Art,
Just to let you know, I have just had a call from Dell, they were flatly refusing to budge saying that my statatory rights only covered me for 1 year and that I signed an agreement and agreed to their T&Cs and therefore it can't be repared. At this point I got rather irrate said that under sale of goods act 1973 the product has to be of saleable quality and durable, that there was no limit of a year and that if I asked 100 people if they would expect a laptop to last for more than 13 months with only mininal use the majority would say it should i.e. a reasonable person would expect it to. At this point and after threatening section 75 dispute and small claims court he finally said, 'you have a point and I agree that it should last more than 12 months therefore we will repair it for you at our cost and I will arrange for someone to come out to your house and repair it'!
Victory:T

Nice to know that with persistance and knowing the things to quote you can beat the biggies!

Thanks again!

Dan

Art_2

That's great news and as you say perseverance does pay off. Congratulations:j

donz23

Hi I was wondering if anyone could advise me?

I have a problem with O2.

Dec 2008 I phoned to cancel (I was on a Sim only contract at the time where you cancel with 30 days notice.) I was cancelling as I was going abroad for 6 months and did not want to be charged for using it abroad. When I phoned and tried to cancel they said as I have been with them for so long (since at least 2006 and still have my first and only phone they have ever given me) and a good customer they would do something to encourage me to stay. The guy on the phone went away and came back to tell me they could offer me a £25 a month contract at a reduced rate and they would also give me £150 towards paying my bill which he encouraged me by pointing out this will cover my bills whilst I was travelling. I took it up as it seemed they were giving me such a good deal.

It is a 24 month contract so I'm only halfway through, and now my phone which is the same one since 2006 is faulty and I can't use it. I phoned them to see if they could help me as I've had my phone for so long, They said they won't give me a new phone and theres nothing they will do as the £150 they gave me was instead of a new phone! Well I was not told this at the time by the man on the phone as if he had I probably would not have taken it as my phone is so old I am in need of a new one anyway.

I said I will write and complain. Do you think I have a leg to stand on as I believe I was sold wrong information as it was never stated that the money was instead of a new phone and that I would not be entitled to a new one at any point.

O2 have told me my only option is to go and buy myself a new phone. They did not even offer to repair my current phone.

Thanks

Anihilator

Sorry but the phone is over three years old. You have no rights. The contract you entered did not involve a phone.

You need to either repair or replace the phone yourself. You will be liable for the contract either way.

Art_2

O2 have offered you an extremely good deal and you are being unreasonable to expect more from them. You have also been lucky to get 4 years+ out of your existing phone.

Regards,
Art.