Consumer Rights: MoneySavingExpert.com discussion

frugaIrishman

Pre-emptive post. I just ordered a new tv on amazon 32 inch LCD through a company on amazon marketplace. The issue is it is an amazing bargain 59 pounds that borders on the "just to good to be true " side of things.
lets say it was a pricing error on their part/ or they get in contact with extra payable fees etc, am I entitled to the good at that price or can they just refund me?

edit: in their tandcs
Receipt of an order by Us does not constitute acceptance of an order. We reserve the right to refuse your offer for any reason.

Art_2

frugaIrishman wrote: »

Pre-emptive post. I just ordered a new tv on amazon 32 inch LCD through a company on amazon marketplace. The issue is it is an amazing bargain 59 pounds that borders on the "just to good to be true " side of things.
lets say it was a pricing error on their part/ or they get in contact with extra payable fees etc, am I entitled to the good at that price or can they just refund me?

edit: in their tandcs
Receipt of an order by Us does not constitute acceptance of an order. We reserve the right to refuse your offer for any reason.

You've answered your own question.

Regards,
Art.

Broadstone

Hi all,

I bought a Tescos own-brand hoover form their store 18 months ago for £40. It has recently started to develop faults as some of the settings are not functioning correctly.

I wrote to Tescos requesting them, under the 1979 Sales of Goods Act, to either fix the hoover at no cost to me or to give me refund based on my 18 month usage. Tescos responded by stating that it wasn't economical for them to repair it as it is a 'cheap model' (their words; not mine !) and they offered me a refund of £15. They argued that the 'cheap' hoover would not have a lifetime of 6 years (as specified by Sales of goods Act) and so the £15 refund was a fair offer.

I then contacted consumer direct, who were really helpful. I advised Tescos that I wouldn't accept their offer and for them to reconsider and provide me with a final response. I advised them that I expected a refund of £30 based on my 18 month usage and a 6 year lifetime under the Sales of Goods Act.

Tesco provided me with a final response but have not increased their offer above £15. Via consumer direct, my complaint is now with Trading Standards.

In the event that Trading Standards aren't successful with tescos, I intend to take my complaint to the Small Claims Court. However, I would be grateful if someone could re-assure me that my claim will be successful in a Small Claims Court. Consumer direct are positive that I would win but, if that is true, why haven't tescos given up ? For info, I reckon my hoover has been used less than 70 times due to my work/life balance and domestic set up. I have also sent a 'without prejudice' letter to tescos to advise them that I will be taking my complaint to a Small Claims Court if Trading Standards are unable to get me a successful outcome.

Could someone please advise me.

Thanks

custardy

you have had 18 months use and they are offering £15 back
so that leaves £25
sorry but i dont think your 6 year life expectancy is realistic in this case
of course you can go for it and hopefully you win but the old buy cheap buy often line comes to mind

Art_2

Broadstone wrote: »

Hi all,

I bought a Tescos own-brand hoover form their store 18 months ago for £40. It has recently started to develop faults as some of the settings are not functioning correctly.

I wrote to Tescos requesting them, under the 1979 Sales of Goods Act, to either fix the hoover at no cost to me or to give me refund based on my 18 month usage. Tescos responded by stating that it wasn't economical for them to repair it as it is a 'cheap model' (their words; not mine !) and they offered me a refund of £15. They argued that the 'cheap' hoover would not have a lifetime of 6 years (as specified by Sales of goods Act) and so the £15 refund was a fair offer.

I then contacted consumer direct, who were really helpful. I advised Tescos that I wouldn't accept their offer and for them to reconsider and provide me with a final response. I advised them that I expected a refund of £30 based on my 18 month usage and a 6 year lifetime under the Sales of Goods Act.

Tesco provided me with a final response but have not increased their offer above £15. Via consumer direct, my complaint is now with Trading Standards.

In the event that Trading Standards aren't successful with tescos, I intend to take my complaint to the Small Claims Court. However, I would be grateful if someone could re-assure me that my claim will be successful in a Small Claims Court. Consumer direct are positive that I would win but, if that is true, why haven't tescos given up ? For info, I reckon my hoover has been used less than 70 times due to my work/life balance and domestic set up. I have also sent a 'without prejudice' letter to tescos to advise them that I will be taking my complaint to a Small Claims Court if Trading Standards are unable to get me a successful outcome.

Could someone please advise me.

Thanks

Tesco seem to have treated you very fairly on this.

The '6 year' condition you refer to is often not understood by some people. It is 'up to 6 years' and you have to take in to account usage, cost etc.

Accept the offer it's fair. There is every likelihood that you would lose in SCC and then get costs as well that you must pay.

Regards,
Art.

Broadstone

Freepost wrote: »

Dear Sir/Madam

I purchased a laptop from yourselves in December 2008, the laptop has now developed a fault. After previous correspondence you indicate that the item is out of warranty and you are not responsible. It is my understanding that a warranty is in addition to my statutory rights, and not a replacement of them; therefore you the retailer are still liable for any faults with the product.

When goods are purchased in the UK they must be made of a satisfactory quality, which requires them to last a reasonable amount of time, for which a reasonable person could expect under reasonable use. 14 months is certainly not a reasonable lifetime for a laptop, for which many people can expect to last for at least 3 years, the product is therefore not of a satisfactory quality outlined in the Sales of Goods act 1979 (As amended) s.14.

Due to this and as part of my statutory rights I require a replacement or repair within a reasonable time, without significant inconvenience. This is part of the resolution the Sales of Goods act S48B outlays. Should neither of these be possible then I would require a refund of the product as outlined in S48C.

I expect a positive response within 7 days, otherwise I will have no alternative but to consider legal action and reporting you to trading standards for a failure to uphold my legal statutory rights.

Yours Faithfully

F.

Thanks for your letter template. I can use some of the words if and when I need to escalate to the Small Claims Court.:)

Equaliser123

To be frank, if you issue proceedings, Tesco will settle immediately as it is not worth their while defending such a small claim.

robins66

I purchased a shocking pink Samsung camera at the end of August last year. The night before we went away in February I picked up the camera off the shelf. I tried to turn it on to check if it needed recharging but it wouldn't turn on. I plugged in the charger and left it on charge but it still wouldn't turn on. I left the camera at home when I went away. On my return I rang Samsung. No problem, it sounds like the battery, they sent out a new battery. Still wouldn't turn on. Rang again. I was told it would need to be returned for repair. If the problem was down to me I would have to pay for the repair. It wasn't, so I returned the camera. They were superfast in dealing with the repair and sending it back BUT they replaced the silver barrel with a BLUE barrel.
I rang Samsung and was told they would ring me on my mobile within 4 hours. Six hours later they left a message on my home phone saying, they (Samsung) are not responsible for the colour of the replacement parts used by THEIR repairer and as the camera now works it meets its specifications and Samsung are not responsible for cosmetic issues.
Surely as it is under a 12 month warranty, they should restore the camera to the condition prior to the fault developing otherwise this would enable them on any of their products, TV's, Laptops, phones etc to leave you with hideous looking goods when their goods prove faulty.
Can they do this or do I have the right to insist it is repaired so as to return it to the original colour purchased. After all you would not expect a garage to replace a faulty boot with one of a different colour on the grounds that the car still meets the model specifications.

The goods were purchased in Singapore with a 12 month International warranty.

Art_2

robins66 wrote: »

I purchased a shocking pink Samsung camera at the end of August last year. The night before we went away in February I picked up the camera off the shelf. I tried to turn it on to check if it needed recharging but it wouldn't turn on. I plugged in the charger and left it on charge but it still wouldn't turn on. I left the camera at home when I went away. On my return I rang Samsung. No problem, it sounds like the battery, they sent out a new battery. Still wouldn't turn on. Rang again. I was told it would need to be returned for repair. If the problem was down to me I would have to pay for the repair. It wasn't, so I returned the camera. They were superfast in dealing with the repair and sending it back BUT they replaced the silver barrel with a BLUE barrel.
I rang Samsung and was told they would ring me on my mobile within 4 hours. Six hours later they left a message on my home phone saying, they (Samsung) are not responsible for the colour of the replacement parts used by THEIR repairer and as the camera now works it meets its specifications and Samsung are not responsible for cosmetic issues.
Surely as it is under a 12 month warranty, they should restore the camera to the condition prior to the fault developing otherwise this would enable them on any of their products, TV's, Laptops, phones etc to leave you with hideous looking goods when their goods prove faulty.
Can they do this or do I have the right to insist it is repaired so as to return it to the original colour purchased. After all you would not expect a garage to replace a faulty boot with one of a different colour on the grounds that the car still meets the model specifications.

The goods were purchased in Singapore with a 12 month International warranty.

Firstly you need to check if the pink model is available in the UK. If it is then you can demand that the camera is returned to you in the same condition as it was prior to being repaired. Write to Samsung and tell them what you expect them to do to resolve your problem.

Regards,
Art.

harmony13

I have a problem with Carphone warehouse. I bought a phone from them, on 28/02/10, during the conversation I said that, as the phone was for my 14 year old son, I needed a contract that could be capped so that he couldn't over spend and was advised to go with Vodaphone, just to phone and let them know. When I phoned to cap the contract they said they no longer offer this service as it had proved unreliable. On Wednesday I tried to return the phone to Carphone warehouse and they said that they couldn't take back the phone as Vodaphone wouldn't allow them to cancell the contract. I contacted Vodaphone again on Thursday and they said they had a 7 day returns policy and no problem with my returning the phone as it had been missold. I went back to Carphone warehouse on Saturday, told them I had spoken to Vodaphone, and they basically called me a liar, said I hadn't mentioned the contract being capped and refused to take back the phone. So, as they wouldn't give me a receipt, I had my friend video me returning the phone with the contract, (after I had written 'cancelled 06/03/10' and taken a copy of it,) to the shop. At 12.51 that day I had someone from the shop phoning me up and harranging me about taking a video without permition, even though without it I would have no proof of returning the phone and saying that I had broken the law ( I have no intention of using the video, unless asked by a magistrate for proof that I returned the phone ). I phoned Vodaphone and told them I had returned the phone and was cancelling the contract and was supposed to be put through to their cancellation dept., but I was cut off, after they said they would phone me back. The person I spoke to said that she had put a note on the file so, as the phone call was costing me £1.50 minimum, I decided to email their customer services just to make sure. I tried 3 times to email and each time I got an 'error on page' message when I tried to send it, so I emailed their 'Corporate responsibility dept' and finally got a 'thank you for your email' response from them, so I know they were notified before the 7 days was up. Today I received a letter, telling me that as I hadn't set up a direct debit, I was going to be charged £3 extra per month!!!
Could anyone give me some advice, PLEASE!!!