Consumer Rights: MoneySavingExpert.com discussion

Equaliser123

derrick wrote: »

Nothing wrong with what I posed, I went through it so I know it is correct, if you don't get agreement re an expert witness the court can refuse costs for said witness.

The rest of what you posted is more or less what I posted, but I linked to CAB Advice for my info,(plus personal experience).

I've been through it hundreds of times...

A court has the discretion to refuse all sorts of costs. If the OP had to obtain an expert report prior to issue, then providing he has told the other side of this necessity, the costs are proportionate and the OP is happy to disclose the report to the other side, if the other side continue to dispute the facts, then costs are very likely to follow the event.

The whole essence of court procedure is to avoid litigation so early expert disclosure is encouraged if there is a dispute.

Freepost

Equaliser123 wrote: »

For your own benefit and to weigh up the strength of the case, you should have expert opinion PRIOR to issuing proceedings.

But of course the costs to obtain expert opinion PRIOR to issuing proceedings would, I assume, not be recoverable?

I understand and appreciate your caution, were it a case of the laptop not working because of a software failure, perhaps caused by a virus, deletion of a file, poor setup or a hardware failure due to dropping the laptop of spilling my coffee inside it then I would protect my self by having it checked out if I couldn't cure the problem myself. But in this instance I'm fairly sure of the hardware fault due to component failure, it went with a little fizzle and a puff of smoke near where the power adapter plugs into to the Laptop. I have a knowledge of electronics and have been tempted, but resisted, to open the Laptop and have a look at the fault. I've decided to do nothing for the present until Misco get back to me.

Of course if it comes to a fight with Misco then I'm noting all the advice you guys are giving. Thanks once again
F.

Equaliser123

They would be recoverable if there is a dispute which needs to be proven (i.e if the retailer does not accept that the item is faulty).

farmboymark

hi

i have a 18 month old compaq cq60 114em laptop that has stopped working, it won't power up it has done this before when it was still under its one year warranty so currys fixed it with a new mother board and power adaptor, Now it has stopped again in the same way- not powering up just over a year since it was mended last time, i have had a repair man look at it and he says the mother board is shot and it may need a new processor just like last time and not far from the price of a new laptop.
Is this a common fault with this type of laptop?
what can i do to get it repaired by currys??
where do i stand ?

Thanks

Mark

farmboymark

just found receiptnad the laptop is only 15 months old, work carried out by currys was done in feb/march 09.

thanks mark

Freepost

farmboymark wrote: »

hi

i have a 18 month old compaq cq60 114em laptop that has stopped working, it won't power up it has done this before when it was still under its one year warranty so currys fixed it with a new mother board and power adaptor, Now it has stopped again in the same way- not powering up just over a year since it was mended last time, i have had a repair man look at it and he says the mother board is shot and it may need a new processor just like last time and not far from the price of a new laptop.
Is this a common fault with this type of laptop?
what can i do to get it repaired by currys??
where do i stand ?

Thanks

Mark

Seems similar to my situation. Suggest you read from my original post #2937 .. Just one page back:).

F.

archery

I recently ordered on line some goods from a stationery company, which i have used before the site did not confirm my order and no email confirmation was recd. i awaited a week and phoned the order through. i have now received two sets off goods. some of which i am happy to keep. but not two fire extingishers at present they are refusing to accept the goods back, even though they are boxed up not used and i did email them a week ago to query the order to which they have not replyed to.

on the site the following is quoted, is there anything i can do are they allowed to refuse the return of an item.

any help gratefully recd

SALE OF GOODS AND EXCHANGE

We do no sell any goods on a sale or return basis and we do not exchange goods as part of normal operation or supply to customers. Customers are expected to check details and functionality of products before purchase as we do not accept product returns on the basis of unsuitability. All customers should check any purchased product will do the job intended before purchase

derrick

archery wrote: »

I recently ordered on line some goods from a stationery company, which i have used before the site did not confirm my order and no email confirmation was recd. i awaited a week and phoned the order through. i have now received two sets off goods. some of which i am happy to keep. but not two fire extingishers at present they are refusing to accept the goods back, even though they are boxed up not used and i did email them a week ago to query the order to which they have not replyed to.

on the site the following is quoted, is there anything i can do are they allowed to refuse the return of an item.

any help gratefully recd

SALE OF GOODS AND EXCHANGE

We do no sell any goods on a sale or return basis and we do not exchange goods as part of normal operation or supply to customers. Customers are expected to check details and functionality of products before purchase as we do not accept product returns on the basis of unsuitability. All customers should check any purchased product will do the job intended before purchase

You are covered under DSR, unless you are conducting business to business, (LAW, not their tinpot T&Cs), have a read of THIS, (in particular pages 17, 18, 20), inform them that they are breaking the law and that you wish to return under DSR

Also read THIS, in particular Section 10 "Right to cancel".

If they persist, inform them you are reporting them to Trading Standards for denying you your statutory rights, (I would inform TS anyway), with their tinpot T&Cs.

If you, (as a consumer), are covered under DSR, then you have notified them by email within the 7 WORKING days required under DSR, following receipt of goods, as per your post.

Dave2y2k

Hi, my girlfriend has some GHD hair straightners - they are 10 months old and have not been not heavly used or mistreated in any way - but today they overheated while in use, burning her hair. They are now broken and won't even turn on (not that they would be worth risking if they did turn on after burning her hair).

Does anybody know her rights if she takes them back to the hairdressers where she bought them from and asks for a refund or replacement etc? & should they do anything about the injury thats been caused by the faulty straightners i.e. try sort out the burnt hair?

Thanks,

Dave.

Freepost

Just a quick update with regard to my Laptop.

Misco received my email and subsequent letter and responded with the following email:

Good afternoon Mr xxxxxxxxx,

Thank you for your response and subsequent letter that has been received.

Please be advised that as the exact fault of the item is not confirmed, we will arrange for the item to be collected from you and returned to technical support team in London, who will be able to trouble shoot the item and try to confirm exactley what is the fault with the unit.

Please be advised that you will be sent an email shortley confirming when the item will be collected, if you can ensure that the item is securely packaged and include the power adaptor and any discs for the unit and we will have a look at the item for you.

Kind regards

I've agreed to this and they collected the Laptop on Thursday. Hopefully I should hear back from them next week, say Tuesday or Wednesday re their diagnosis.

I'll keep you guys informed about whats happening.

Thanks for all your help.

F.