Consumer Rights: MoneySavingExpert.com discussion

stressed_out_wifemum

this is my 1st post so please forgive any mistakes and iwill try to keep it as short as poss.I bought a Bush tv from tescos in N Ireland in july05.Last wednesday 29/11/06 the tv developed a fault so i contacted tescos electrical helpline who stated that my guarantee was no longer valid. I pointed out that I had only had it for 16 months, surely there was something they could do to help.They told me to contact Bush direct as it was no longer their responsibility!!! Wasnt very happy about this but didnt know what else to do. The only no I had for Bush turned out to be useless cos it was a fax no. I then decided to contact the Tesco store in N. Ireland were id bought the tv from, to see what they could do. they said to get in contact with my local tesco store,cos they would be able to sort it out for me. This i did immediately only to be told by the head of customer care that she couldnt help me cos my guarantee had run out!!! so i am back where i started, no wiser just more stressed, This problem is just one of MANY i have had since moving back home and i really cant take much more, so please if anyone has any advise for me on how to sort this out i would be very grateful.

Art_2

stressed_out_wife/mum wrote:

this is my 1st post so please forgive any mistakes and iwill try to keep it as short as poss.I bought a Bush tv from tescos in N Ireland in july05.Last wednesday 29/11/06 the tv developed a fault so i contacted tescos electrical helpline who stated that my guarantee was no longer valid. I pointed out that I had only had it for 16 months, surely there was something they could do to help.They told me to contact Bush direct as it was no longer their responsibility!!! Wasnt very happy about this but didnt know what else to do. The only no I had for Bush turned out to be useless cos it was a fax no. I then decided to contact the Tesco store in N. Ireland were id bought the tv from, to see what they could do. they said to get in contact with my local tesco store,cos they would be able to sort it out for me. This i did immediately only to be told by the head of customer care that she couldnt help me cos my guarantee had run out!!! so i am back where i started, no wiser just more stressed, This problem is just one of MANY i have had since moving back home and i really cant take much more, so please if anyone has any advise for me on how to sort this out i would be very grateful.

Firstly, I must say that I have to assume the laws in NI are the same as in the rest of the UK.

Write to Tesco at their head office in Ware, Herts and tell them your story. Point out that it is unreasonable to expect the TV to break down within 16 months and under the Sale of Goods Act you expect them to deal with it for you. Send the letter, recorded delivery, to Mr.T Leary, Managing director. Tesco are normally very good at dealing with problems.

Regards,
Art.

ScottishSapper

stressed_out_wife/mum wrote:

this is my 1st post so please forgive any mistakes and iwill try to keep it as short as poss.I bought a Bush tv from tescos in N Ireland in july05.Last wednesday 29/11/06 the tv developed a fault so i contacted tescos electrical helpline who stated that my guarantee was no longer valid. I pointed out that I had only had it for 16 months, surely there was something they could do to help.They told me to contact Bush direct as it was no longer their responsibility!!! Wasnt very happy about this but didnt know what else to do. The only no I had for Bush turned out to be useless cos it was a fax no. I then decided to contact the Tesco store in N. Ireland were id bought the tv from, to see what they could do. they said to get in contact with my local tesco store,cos they would be able to sort it out for me. This i did immediately only to be told by the head of customer care that she couldnt help me cos my guarantee had run out!!! so i am back where i started, no wiser just more stressed, This problem is just one of MANY i have had since moving back home and i really cant take much more, so please if anyone has any advise for me on how to sort this out i would be very grateful.

Sorry to hear you are having so many problems, lets hope we can help you have one less. The Sale of Goods Act DOES apply to NI.
As Art says it is reasonable to expect a TV to last more than 16 months.
As far as I can see Bush is part of the Alba group and the Alba group lists Bush HO as Bush house, The Waterfront, Elstree Rd, Elstree, Herts, WD6 3BS Tel No 020 82387650 Fax 020 89537117. It may help to send them a recoded letter as well.
The following is a copy and paste from the Trading Standards leaflet - 'Is the Trader Right'
Q - "I purchased goods over a year ago and the guarantee has now expired. The trader has advised me that he does not have any responsibility for the goods. Is he right?"
A - No! Guarantees are extra to your legal rights. If you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation.


Good Luck - Frank

Art_2

ScottishSapper wrote:

Sorry to hear you are having so many problems, lets hope we can help you have one less. The Sale of Goods Act DOES apply to NI.
As Art says it is reasonable to expect a TV to last more than 16 months.
As far as I can see Bush is part of the Alba group and the Alba group lists Bush HO as Bush house, The Waterfront, Elstree Rd, Elstree, Herts, WD6 3BS Tel No 020 82387650 Fax 020 89537117. It may help to send them a recoded letter as well.
The following is a copy and paste from the Trading Standards leaflet - 'Is the Trader Right'
Q - "I purchased goods over a year ago and the guarantee has now expired. The trader has advised me that he does not have any responsibility for the goods. Is he right?"
A - No! Guarantees are extra to your legal rights. If you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation.


Good Luck - Frank

You will only confuse things by involving the manufacturer, the responsibility in law lies with the retailer. A case was thrown out by the SCC about a year ago because the plaintiff had tried to sue the manufacturer and not the dealer. SCC judgements don't set legal precedence but they can be quoted in later cases.

Having said this, there is no harm in copying the manufacturer into any correspondence. They may want to keep a retailer sweet - particularly one as big as Tesco.

In a case like this, the onus is on the buyer to prove the goods were at fault from purchase and they have not be abused or misused since. This isn't always easy and often you rely on the goodwill of a retailer to help out. If all else fails the Small Claims Court is your last resort.

Regards,
Art.

stressed_out_wifemum

thanks Art and Scottish Sapper for your advise. i will be sending letters on monday,recorded delivery as you suggested and hopefully it wont be too long before they reply..thank you again for taking the time to help me i will let u know the outcome asap
take care
stressed out Wife/mum

animalmagic_2

Hi.I purchased an archos MP4 PDA direct from Archos web site & it arrived faulty.After contacting Archos I was told to post item for repair. It cost me appx £7.40 to post. Can I charge Archos for this posting as they sent me a faulty product.Could I have taken it to a retailer of Archos for them to return.What are my rights. Thanks

ScottishSapper

animalmagic wrote:

Hi.I purchased an archos MP4 PDA direct from Archos web site & it arrived faulty.After contacting Archos I was told to post item for repair. It cost me appx £7.40 to post. Can I charge Archos for this posting as they sent me a faulty product.Could I have taken it to a retailer of Archos for them to return.What are my rights. Thanks

You should NOT be liable for postage charges and they should refund those.
I was not able to find their website so could not see their terms and conditions. However, it is covered under the Sale of Goods Act and as such your right under this is a full refund.
In addition to this; as you bought online then you should have a 7 day cooling off period - did you contact them withing this period?
the following is a copy and paste from the Consumer Direct fact sheet:
Buying from a manufacturer or supplier direct
Buying from a manufacturer or supplier direct (by telephone, internet or mail order) is a good option if you know about the system you want. It can be cheaper because the sellers' overheads are low. Buying in this way will also entitle you to a seven day cooling off period after the goods are delivered so you get a chance to check them over and cancel if it is not what you want. You should get an order confirmation via email immediately when you buy online.
Good Luck
Frank

animalmagic_2

ScottishSapper wrote:

You should NOT be liable for postage charges and they should refund those.
I was not able to find their website so could not see their terms and conditions. However, it is covered under the Sale of Goods Act and as such your right under this is a full refund.
In addition to this; as you bought online then you should have a 7 day cooling off period - did you contact them withing this period?
the following is a copy and paste from the Consumer Direct fact sheet:
Buying from a manufacturer or supplier direct
Buying from a manufacturer or supplier direct (by telephone, internet or mail order) is a good option if you know about the system you want. It can be cheaper because the sellers' overheads are low. Buying in this way will also entitle you to a seven day cooling off period after the goods are delivered so you get a chance to check them over and cancel if it is not what you want. You should get an order confirmation via email immediately when you buy online.
Good Luck
Frank

Thanks.The web is archos.com. I sent it back for repair & they did replace it though it took about 10 days to receive this . I had sent them an email stating I wanted my post refunded but as usual havnt heard since.

ScottishSapper

animalmagic wrote:

Thanks.The web is archos.com. I sent it back for repair & they did replace it though it took about 10 days to receive this . I had sent them an email stating I wanted my post refunded but as usual havnt heard since.

OMG - what a lot of 'twaddle' :eek: More disclaimers there than Arfur Daley ever had!.

They say a lot without actually saying anything. However, as you were successful in obtaining a replacement you must have followed their instructions and obtained an RMA number

I think you should write to their HO requesting a refund of postage and packing (quoting the RMA No) you no doubt have this address. Personally I would fax them 02 380 83 92 59 (you should be able to do this from your PC)

animalmagic_2

Many Thanks.I will ty that route.