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Consumer Rights: MoneySavingExpert.com discussion

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  • Broadstone
    Broadstone Posts: 216 Forumite
    Home Insurance Hacker!
    Hi all,

    Currently at Edinburgh airport on my blackberry. Had a really good corporate day; chaffeur driven to a local North-West England airport; air travel to Edinburgh airport; helicopter ride to Carnoustie; 18 holes of golf on main course; 4-course meal; chaffeur-driven to Scotland-England match at Edinburgh Murrayfield stadium and now at Edinburgh airport awaiting for my return journey followed by a chaffeur taxi return journey to my village in North-west England. Had a really good day and am looking forward to tomorrow to see whether I can get 40% off a Sony flatscreen TV from one of the 2 stores that are merging. At the moment, they are offering 20% reduction but I know that if I wait, it will be reduced a lot more. Fingers crossed and I will keep you all posted.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    harmony13 wrote: »
    Re. my post #2975, PLEASE could someone give me some advice, or should I start a new thread/post somewhere else? Thanks
    Suggest you start a new thread. Things get lost in this mammoth thread. :beer:
  • Broadstone
    Broadstone Posts: 216 Forumite
    Home Insurance Hacker!
    OlliesDad wrote: »
    Wonderful?? I would rather pay top price for all products, more even, than have your terrible paranoia (although i do get many bargains on a regular basis). You never answered why you think these "companies" would come after you if you are providing positive marketing for them?

    Simple answer.....The companies have never 'come after me' and I have no 'paronia'...I am really comfortable with my arguments and position as referenced in previous posts on this thread. They are merging locally to me and, as a consequence, I am one of many people buying off them. In order to protect my identity, I am unable to divulge my exact location and either of the stores merging.

    My airline will shortly be calling for boarding and , as a consequence, I will not be able to contribute any additions to this thread until tomorrow at the earliest.
  • Broadstone
    Broadstone Posts: 216 Forumite
    Home Insurance Hacker!
    KeithP wrote: »
    Suggest you start a new thread. Things get lost in this mammoth thread. :beer:
    Totally agree !
  • This is my first post and the situation is rather complicated so please forgive me if this post is lengthy. A lot of background is needed here so I have tried to summaries the main points below...

    ----I bought a MacBook in 2007, with a three year warranty, which is due to run out 28th September 2010
    ----This model has a known fault (seemingly acknowledged by Apple) whereby the casing material is substandard and cracks along the hand-rest underneath the closure magnets. Apple have since corrected the material and design on all new MacBooks but the problem remains with models such as the one I have.
    ----The laptop, having cracked in three places, was repaired under warranty two months ago but has since cracked again.
    ----After complaining to Apple I was offered another repair but refused on the grounds that they were only offering a like-for-like replacement of the casing. As it is constructed from the same poor quality material the likelihood is that it will break again at a time outside my warranty.
    ----They refuted my assertions that, given the poor quality casing material, the repair was only a short term solution and said nothing further could be done.

    My question goes to whether there is anything I can do about this situation. I feel that I was originally sold a shoddy product and that the repairs they are offering to make are completely unsatisfactory. They will not agree to replace the casing with a better material or to give me any assurances that should this fault occur again, outwith my warranty, they will repair it free of charge.

    I would really appreciate your opinions as to what my rights are in this situation.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    ESO wrote: »
    This is my first post and the situation is rather complicated so please forgive me if this post is lengthy. A lot of background is needed here so I have tried to summaries the main points below...

    ----I bought a MacBook in 2007, with a three year warranty, which is due to run out 28th September 2010
    ----This model has a known fault (seemingly acknowledged by Apple) whereby the casing material is substandard and cracks along the hand-rest underneath the closure magnets. Apple have since corrected the material and design on all new MacBooks but the problem remains with models such as the one I have.
    ----The laptop, having cracked in three places, was repaired under warranty two months ago but has since cracked again.
    ----After complaining to Apple I was offered another repair but refused on the grounds that they were only offering a like-for-like replacement of the casing. As it is constructed from the same poor quality material the likelihood is that it will break again at a time outside my warranty.
    ----They refuted my assertions that, given the poor quality casing material, the repair was only a short term solution and said nothing further could be done.

    My question goes to whether there is anything I can do about this situation. I feel that I was originally sold a shoddy product and that the repairs they are offering to make are completely unsatisfactory. They will not agree to replace the casing with a better material or to give me any assurances that should this fault occur again, outwith my warranty, they will repair it free of charge.

    I would really appreciate your opinions as to what my rights are in this situation.

    Don't forget your contract is with the retailer. Have you complained to them?
  • Art_2
    Art_2 Posts: 1,602 Forumite
    ESO wrote: »
    This is my first post and the situation is rather complicated so please forgive me if this post is lengthy. A lot of background is needed here so I have tried to summaries the main points below...

    ----I bought a MacBook in 2007, with a three year warranty, which is due to run out 28th September 2010
    ----This model has a known fault (seemingly acknowledged by Apple) whereby the casing material is substandard and cracks along the hand-rest underneath the closure magnets. Apple have since corrected the material and design on all new MacBooks but the problem remains with models such as the one I have.
    ----The laptop, having cracked in three places, was repaired under warranty two months ago but has since cracked again.
    ----After complaining to Apple I was offered another repair but refused on the grounds that they were only offering a like-for-like replacement of the casing. As it is constructed from the same poor quality material the likelihood is that it will break again at a time outside my warranty.
    ----They refuted my assertions that, given the poor quality casing material, the repair was only a short term solution and said nothing further could be done.

    My question goes to whether there is anything I can do about this situation. I feel that I was originally sold a shoddy product and that the repairs they are offering to make are completely unsatisfactory. They will not agree to replace the casing with a better material or to give me any assurances that should this fault occur again, outwith my warranty, they will repair it free of charge.

    I would really appreciate your opinions as to what my rights are in this situation.

    Write to your retailer, recorded delivery, and state that the goods are not of merchantable quality and not fit for purpose. Tell them that if the problem isn't satisfactorily resolved within 10 days you will go to the Small Claims Court.

    Regards,
    Art.
  • Broadstone
    Broadstone Posts: 216 Forumite
    Home Insurance Hacker!
    ESO wrote: »
    This is my first post and the situation is rather complicated so please forgive me if this post is lengthy. A lot of background is needed here so I have tried to summaries the main points below...

    ----I bought a MacBook in 2007, with a three year warranty, which is due to run out 28th September 2010
    ----This model has a known fault (seemingly acknowledged by Apple) whereby the casing material is substandard and cracks along the hand-rest underneath the closure magnets. Apple have since corrected the material and design on all new MacBooks but the problem remains with models such as the one I have.
    ----The laptop, having cracked in three places, was repaired under warranty two months ago but has since cracked again.
    ----After complaining to Apple I was offered another repair but refused on the grounds that they were only offering a like-for-like replacement of the casing. As it is constructed from the same poor quality material the likelihood is that it will break again at a time outside my warranty.
    ----They refuted my assertions that, given the poor quality casing material, the repair was only a short term solution and said nothing further could be done.

    My question goes to whether there is anything I can do about this situation. I feel that I was originally sold a shoddy product and that the repairs they are offering to make are completely unsatisfactory. They will not agree to replace the casing with a better material or to give me any assurances that should this fault occur again, outwith my warranty, they will repair it free of charge.

    I would really appreciate your opinions as to what my rights are in this situation.

    Best option is to seek proper knowledgeable and renowned advise via contacting Consumer Direct on freephone number 0808-1561036. They will provide you with a reference number. This will then provide you with ammunition in the event that you need to escalate to a Small Claims Court; in that you have escalated your complaint accordingly to Consumer Direct and they have provided you with a reference number that you can quote. You may find that Consumers Direct then escalate your complaint to Trading Standards, which then gives you further ammunition if/when escalating to a Small Claims Court.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    Broadstone wrote: »
    Best option is to seek proper knowledgeable and renowned advise via contacting Consumer Direct on freephone number 0808-1561036. They will provide you with a reference number. This will then provide you with ammunition in the event that you need to escalate to a Small Claims Court; in that you have escalated your complaint accordingly to Consumer Direct and they have provided you with a reference number that you can quote. You may find that Consumers Direct then escalate your complaint to Trading Standards, which then gives you further ammunition if/when escalating to a Small Claims Court.

    You don't "escalate" to Small Claims Court. What "ammunition" will Consumer Direct give?

    District Judges won't give a stuff as to whether the OP has a reference number from Consumer Direct. And Trading Standards are unlikely to be interested.

    OP - the facts are simple. Contact your retailer. State that the item is not of satisfactory quality within the meaning of s.14(2) Sale of Goods Act 1979 as, in particular, it is not free from minor defects or durable.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    You don't "escalate" to Small Claims Court. What "ammunition" will Consumer Direct give?

    District Judges won't give a stuff as to whether the OP has a reference number from Consumer Direct. And Trading Standards are unlikely to be interested.

    OP - the facts are simple. Contact your retailer. State that the item is not of satisfactory quality within the meaning of s.14(2) Sale of Goods Act 1979 as, in particular, it is not free from minor defects or durable.

    Much as I said in #3054. I agree fully with your comments about CD and TS. Some TS departments are useful but many are not. This is the sort of issue that anyone should be able to handle for themselves.

    Regards,
    Art.
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