Consumer Rights: MoneySavingExpert.com discussion

ScottishSapper

maneesh wrote:

The problem is is that they had plenty in stock and they did accept my payment and then later refunded it.

I thought once a merchant accepts payment that they are legally binding a contract, and to say they hadn't taken any money takes the cheek.

It seems like it was a misprice as I did buy the monitor for £150 and now they're selling it for £250, but they haven't mentioned this in the letter, and they had already taken payment, then refunded it later.

Anything I can do fellow moneysaving stand for your right consumers!

The problem is in proving it! It is your word against theres that it was out of stock.

They could argue that at the time of ordering the item was out of stock but came in the next day and by that time they had informed you and cancelled.

You could challenge their credibility in that they have already mislead you - they state they did not take any payment and obviously you can prove they did and then refunded you. You have their email/letter stating no payment made but you have proof the payment was made then refunded!

The following is a copy and paste from the Consumer Direct website. If you do not get anywhere with the seller than you can contact them to complain (http://www.consumerdirect.gov.uk/)

However, a trader who mistakenly prices a product (for example, “28 inch widescreen television for £39.90” instead of £399) is not obliged to honour that price unless the transaction has already been completed. The trader must nevertheless take immediate steps to rectify the mistake.

Art_2

ScottishSapper wrote:

The problem is in proving it! It is your word against theres that it was out of stock.

They could argue that at the time of ordering the item was out of stock but came in the next day and by that time they had informed you and cancelled.

You could challenge their credibility in that they have already mislead you - they state they did not take any payment and obviously you can prove they did and then refunded you. You have their email/letter stating no payment made but you have proof the payment was made then refunded!

The following is a copy and paste from the Consumer Direct website. If you do not get anywhere with the seller than you can contact them to complain (http://www.consumerdirect.gov.uk/)

However, a trader who mistakenly prices a product (for example, “28 inch widescreen television for £39.90” instead of £399) is not obliged to honour that price unless the transaction has already been completed. The trader must nevertheless take immediate steps to rectify the mistake.

But the trader has taken immediate steps to rectify the mistake. In law a transaction is not complete until the goods pass to the buyer.

The best you can expect on this is to see if you can get the retailer to do a deal with you as a gesture of goodwill.

Regards,
Art.

maneesh_2

are you sure, do you recon i have any case in this at all?

Art_2

maneesh wrote:

are you sure, do you recon i have any case in this at all?

As I said earlier I think your best bet is to try and appeal to them to do something for you as a goodwill gesture. Who was the supplier?

My experience of Small Claims tells me that you will not get anywhere by threatening court action in this one.

Regards,
Art.

17lbp

Try to keep this brief. We bought 37" LCD TV from comet on 28/8, developed a fault on 20/11, we phoned comet and an engineer came out of 23/11. He said he thought it was a faulty power module and said as it was a relatively new tv to the market he was unsure how long it would take to get the parts. We have phoned comet on 3 occasions since then enquiring as to when the part would be in and each time have been told its not in and they don't know when it will be in. On last phone call she told me that they could not complain to manufacturer about the part until 15 working days after it was ordered and it hadn't been ordered until 27/11, 4 days after engineers visit.
I wrote a letter to head office last week and sent it recorded saying i would like either tv repaired, replaced or money refunded within 7 days of receipt of letter quoting various bits from sale of goods act.
My question now is if i don't hear anything from comet by the 7 days what is my next step of action?
We bought the tv on a comet store card, called the edge which i believe is GE Capital Bank??? Can i lodge a complaint with them ie does a store card have the same comsumer rights with faulty goods as a credit card for purchases? I have looked at small claims courts but as i am in scotland it only covers actions up to £750 and the tv cost £999.
Hopefully I will hear something from Comet this week but I want to be ready for the next step if not.
Thanks in advance

Art_2

17lbp wrote:

Try to keep this brief. We bought 37" LCD TV from comet on 28/8, developed a fault on 20/11, we phoned comet and an engineer came out of 23/11. He said he thought it was a faulty power module and said as it was a relatively new tv to the market he was unsure how long it would take to get the parts. We have phoned comet on 3 occasions since then enquiring as to when the part would be in and each time have been told its not in and they don't know when it will be in. On last phone call she told me that they could not complain to manufacturer about the part until 15 working days after it was ordered and it hadn't been ordered until 27/11, 4 days after engineers visit.
I wrote a letter to head office last week and sent it recorded saying i would like either tv repaired, replaced or money refunded within 7 days of receipt of letter quoting various bits from sale of goods act.
My question now is if i don't hear anything from comet by the 7 days what is my next step of action?
We bought the tv on a comet store card, called the edge which i believe is GE Capital Bank??? Can i lodge a complaint with them ie does a store card have the same comsumer rights with faulty goods as a credit card for purchases? I have looked at small claims courts but as i am in scotland it only covers actions up to £750 and the tv cost £999.
Hopefully I will hear something from Comet this week but I want to be ready for the next step if not.
Thanks in advance

You have done exactly the right thing in contacting Comet as you have and giving them 7 days to deal with your problem. Do not let it drag on. If you haven't got action within the 7 days write to them again telling them to uplift the goods and refund your money. Send recorded delivery. Send to the branch and their head office.

If the card your used is a credit card you are protected as you would be with a standard credit card issued by your bank. If it is effectively a card allowing you to buy now and pay over a period of time, as in a credit agreement then the issuer is still liable. If you don't get this sorted in the 7 days send the card company a recorded letter asking them for a refund.

You also ask about making your claim. Under the Small Claims(Scotland) Amendment Order 2000 the limit of claims in Small Claims Courts was doubled to £1500 so you can proceed with your claim in the Sherrif's Court.

Had your claim been above the limit you could still have made a claim but in a more formal setting to that experienced in the Small Claims Court. In England for example the Small Claims Court is a part of the County Court system and claims outside SCC jurisdiction would be referred to the full County Court. This just means it is heard in a more formal setting.

Finally, if Comet allow this to go to court remember that you can add your expenses to your claim.

Sorry this has been such a long reply.

Regards,
Art.

17lbp

art
thank you so much for your quick reply, very informative and appreciated.
I shall do as you suggested and if i've not heard from them this week I shall send another letter asking for goods to be removed and money refunded.
thanks again.

Ms_Sunshine_3

I bought a pay as you go mobile phone from Carphone Warehouse over the phone a couple of days ago. When I was placing the order, they said I have to buy £20 top up voucher with the phone, they can't sell the phone on it's own. So I paid £70 (£50 for the phone and £20 top up voucher).

Today I called Carphone Warehouse that I would like to return the phone under the 7 days distance selling regulation. They said I can take the phone back to their shops for a refund but they won't refund the top up voucher. I argued that this was sold as a package and no one has informed me the voucher is non-refundable, nor did it mention on any paperwork. But they claim that they don't need to inform you unless you ask for it, is this true? Do they have the right not to refund the £20 top up voucher? Eveything is still sealed in the original package, I never open them.

Thanks in advance for any kind advice.

ScottishSapper

Ms_Sunshine wrote:

I bought a pay as you go mobile phone from Carphone Warehouse over the phone a couple of days ago. When I was placing the order, they said I have to buy £20 top up voucher with the phone, they can't sell the phone on it's own. So I paid £70 (£50 for the phone and £20 top up voucher).

Today I called Carphone Warehouse that I would like to return the phone under the 7 days distance selling regulation. They said I can take the phone back to their shops for a refund but they won't refund the top up voucher. I argued that this was sold as a package and no one has informed me the voucher is non-refundable, nor did it mention on any paperwork. But they claim that they don't need to inform you unless you ask for it, is this true? Do they have the right not to refund the £20 top up voucher? Eveything is still sealed in the original package, I never open them.

Thanks in advance for any kind advice.

A condition of the order was the purchase of the top up card. Under the Distance Selling terms you have the right to return or cancel your order for any reason and as this order included the top up card than is should be included in the refund.

To cancel you must write to the retailer either by letter, fax or email. As you have already paid for the phone then they must refund your money within 30 days of you cancelling the agreement.

As everything is still sealed then there should be no problem

Art_2

ScottishSapper wrote:

A condition of the order was the purchase of the top up card. Under the Distance Selling terms you have the right to return or cancel your order for any reason and as this order included the top up card than is should be included in the refund.

To cancel you must write to the retailer either by letter, fax or email. As you have already paid for the phone then they must refund your money within 30 days of you cancelling the agreement.

As everything is still sealed then there should be no problem

To activate a claim under the Distance Selling Regulations you must inform the seller in writing within 7 days of receipt of the goods.

Within the time period customers have an unconditional right to cancel. The important word is 'unconditional' so this will include the top up card.

Regards,
Art.