Consumer Rights: MoneySavingExpert.com discussion

BoC163

I recently signed up for a 12 month contract through e2save and unfortunately they sent a pink phone as the deal 'couldn't specify' colour. As it was for my son I contacted e2save and we decided the best option was to cancel and return the phone. I returned the phone next morning and used 'signed for'. Today I have received the phone back as it 'wasn't returned within 7 days'. In fact the phone was received by them within 3 days and they have acknowledged their mistake.
Question is..what do I do with the phone they have sent me today? Customer service have asked me to post it back and then fax the receipt for postage to them to claim my money back. Is this right...I'm sure I've read somewhere on here what to do if a company send you goods you haven't asked for...are they supposed to arrange to collect it?
Advice appreciated!

ScottishSapper

BoC163 wrote:

I recently signed up for a 12 month contract through e2save and unfortunately they sent a pink phone as the deal 'couldn't specify' colour. As it was for my son I contacted e2save and we decided the best option was to cancel and return the phone. I returned the phone next morning and used 'signed for'. Today I have received the phone back as it 'wasn't returned within 7 days'. In fact the phone was received by them within 3 days and they have acknowledged their mistake.
Question is..what do I do with the phone they have sent me today? Customer service have asked me to post it back and then fax the receipt for postage to them to claim my money back. Is this right...I'm sure I've read somewhere on here what to do if a company send you goods you haven't asked for...are they supposed to arrange to collect it?
Advice appreciated!

Hi - Firstly before addressing your question! - You say you returned the phone using 'signed for'. Was that at your expense or theirs? Reason - when you contracted with them you should have received written confirmation of the order etc which should have included details of : whether the consumer or the supplier is responsible for the cost of returning the goods to the supplier if the consumer cancels? If not then they should reimburse you the return postage costs.

To your question - So far the cancellation has gone very well. The problem now is the unsolicited goods.
I would think that as they made the mistake (which they have admitted) of returning the phone to you then it appears to be unsolicited goods and the regulations for this state:

A person who, having sent in the course of business unsolicited goods to a person with a view to the recipient acquiring them but who has neither agreed to acquire or return the goods, makes a demand for payment or threatens legal proceedings to get payment will be guilty of an offence. The recipient of such unsolicited goods may use, deal with or dispose as if they were an unconditional gift.
That is the legal side. They seem to have acted fairly with you so far and have stated that they will refund your postage costs, so I suppose it depends on how you wish to proceed

Art_2

BoC163 wrote:

I recently signed up for a 12 month contract through e2save and unfortunately they sent a pink phone as the deal 'couldn't specify' colour. As it was for my son I contacted e2save and we decided the best option was to cancel and return the phone. I returned the phone next morning and used 'signed for'. Today I have received the phone back as it 'wasn't returned within 7 days'. In fact the phone was received by them within 3 days and they have acknowledged their mistake.
Question is..what do I do with the phone they have sent me today? Customer service have asked me to post it back and then fax the receipt for postage to them to claim my money back. Is this right...I'm sure I've read somewhere on here what to do if a company send you goods you haven't asked for...are they supposed to arrange to collect it?
Advice appreciated!

It seems like a genuine mistake on behalf of the company and they seem willing to help. Just inform them that you are returning the phone and ask them to deal with it as they have promised.

Legally you can retain the goods but in this case let common sense prevail and send the phone back.

On a small legal point, the goods are not unsolicited as technically you ordered them. It´s just that they have failed to deliver as ordered.

It´s nice to see acompany that aknowleges a mistake and attempts to rectify it.

Regards,
Art.

simmo116

hi my mum brought a discount internet ready pc a few weeks ago and has had nothing but trouble with it it has been iback to the shop on 3 ocasions now and its still not right .i took pc back this morning for a refund as she dont want it due to the faults etc and the salesman said that if it was a software fault then she cant have her money back. there is a virus on there that came with the computer but he is denying this.im no bill gates so dont know how i could prove this. am i still elligeble for a full refund as it was a secondhand pc.whats my best cause for action without resorting to (FALLING DOWN) (micheal douglas) behaviour....can some one help plzzzzzz ???

Art_2

simmo116 wrote:

hi my mum brought a discount internet ready pc a few weeks ago and has had nothing but trouble with it it has been iback to the shop on 3 ocasions now and its still not right .i took pc back this morning for a refund as she dont want it due to the faults etc and the salesman said that if it was a software fault then she cant have her money back. there is a virus on there that came with the computer but he is denying this.im no bill gates so dont know how i could prove this. am i still elligeble for a full refund as it was a secondhand pc.whats my best cause for action without resorting to (FALLING DOWN) (micheal douglas) behaviour....can some one help plzzzzzz ???

Yes, you are entitled to a full refund-Go back to the supplier and tell him that you are rejecting the goods under the Sales of Goods Act. Tell them that if they don.t refund your money you will take out a Small Claims Court action against them.

If they refuse a refund comfirm your actions in writing giving them 7 days to comply or you will go to the Small Claims Court. In reality you will not be able to do this until after Christmas.

Regards,
Art.

simmo116

did tell him that today and he welcomed it!!! smug git. how do i go about small claims court now?

ScottishSapper

simmo116 wrote:

did tell him that today and he welcomed it!!! smug git. how do i go about small claims court now?

Well looks like you have no choice here.
First thing you need to do now is write to the shop (send registered mail) and tell him he has 5 working days to refund your money as you are rejecting the goods under the Sale of Goods Act 1979 (as amended). Failure to do this will result in you taking action via the Small Claims Court.

When he fails to reply or refund within the time then instigate a claim. You can do this easily and online at : https://www.moneyclaim.gov.uk/csmco2/index.jsp

Make shure you keep copies of letters and the stamped recoded delivery slip from the post office.

Happy hunting

Art_2

ScottishSapper wrote:

Well looks like you have no choice here.
First thing you need to do now is write to the shop (send registered mail) and tell him he has 5 working days to refund your money as you are rejecting the goods under the Sale of Goods Act 1979 (as amended). Failure to do this will result in you taking action via the Small Claims Court.

When he fails to reply or refund within the time then instigate a claim. You can do this easily and online at : https://www.moneyclaim.gov.uk/csmco2/index.jsp

Make shure you keep copies of letters and the stamped recoded delivery slip from the post office.

Happy hunting

If you are near to your local County Court it may be useful to call in and complete the paperwork there. They will be able to advise you of any queries you might have and also give you advice on your claim. They are normally very helpful.

Once the paperwork is complete a copy of your claim is sent to the retailer asking him to comment. Once this is done and it is decided you have a legitatate claim you will be advised of a date for your hearing. The hearing is held in a very informal setting so you don´t have anything to worry about.

Also don´t forget that you can add to your claim for any expenses you have incurred such as phone calls etc. and if you win your case you will also get your court costs back. Court costs are not high and start at 30 pounds dependant on the size of claim.

Regards,
Art.

skintio

A.s.o.s , my rights?

---

Hi, im not sure where i should be posting this, i looked on the forums and couldnt see anywhere to ask advice about something ive bought on the net and ask all of you my rights.. so please feel free to move it to a more suitable place and my apologies for putting it here.

I ordered a pair off boots from asos, they arrived no problems, however on my second time off wearing them the heel snapped (making me look a right wally walking round town with a broken heel, thank god i wasnt on my own!) Also on the same boot the buckle came unattached (3 buckles going up the side of them just for show), i only paid £35 for them so wasnt expecting them to last forever but on the 2nd time ive ever worn them i was really dissapointed. Anyway, to save hassle and time i thought id try and superglue them, it worked fine on the strap but the heel still felt unstable, so i contacted asos last nite and explained what had happened and was it possble to replace the boots and i got this reply

'Dear Kate



Thanks for your email



I am very sorry to hear that your heel snapped.


I am sorry to say that due to the fact you have made an inconsistent alteration to these shoes you have accepted the fault.



I am once again very sorry that I am unable to help you further in this matter.



Yours sincerely



James Milton

Customer Care

https://www.asos.com



Fax: 01442 835 850

Address: ASOS Customer Care, Maylands Avenue, Hemel Hempstead, HP2 7DE

---

Here is what i sent to them last night.......

---

Original Message
Sent: 20 December 2006 02:55
To: ASOS Customer Care
Subject: Faulty Item


Hi, i recently ordered some brown buckle boots from you, the item was fine on arrival but on the 2nd time off wearing them the heel broke and the middle strap broke off the boot (right foot) , as i stated this was on the 2nd time off wearing them and i wasnt doing anything vigourous or anything that would off caused this except for walking. I have tried to superglue the heel but it doesnt feel secure and i dont want to wear the boots out again and then be stuck with a broken boot again.. the strap has stayed glued on but to be honest im just not happy that came apart so easily, and dont see why i should have to try and superglue them when ive only wore them twice. If possible i would like to return the boots and exchange them for some more. I really like the style of the boots and am hoping it is just a one off with what has happened.
Many thanks'

---

Can anybody help me, im really peed off as i havent got alot off money and wish id bought them in town now as i wouldve just taken them straight back, the only reason i tried to fix them myself was to save the hassle of sending them back etc and having to wait for them over xmas and n.y. to be returned, you cant even see where i tried to fix it, i wish id kept my mouth shut and not been honest!

Can anyone help me please!!!

(ps im still within the 30 day period to return them if that makes any diff)

Thankyou x

---

Last edited by skintio : Today at 2:05 PM.

Art_2

skintio wrote:

A.s.o.s , my rights?

---

Hi, im not sure where i should be posting this, i looked on the forums and couldnt see anywhere to ask advice about something ive bought on the net and ask all of you my rights.. so please feel free to move it to a more suitable place and my apologies for putting it here.

I ordered a pair off boots from asos, they arrived no problems, however on my second time off wearing them the heel snapped (making me look a right wally walking round town with a broken heel, thank god i wasnt on my own!) Also on the same boot the buckle came unattached (3 buckles going up the side of them just for show), i only paid £35 for them so wasnt expecting them to last forever but on the 2nd time ive ever worn them i was really dissapointed. Anyway, to save hassle and time i thought id try and superglue them, it worked fine on the strap but the heel still felt unstable, so i contacted asos last nite and explained what had happened and was it possble to replace the boots and i got this reply

'Dear Kate



Thanks for your email



I am very sorry to hear that your heel snapped.


I am sorry to say that due to the fact you have made an inconsistent alteration to these shoes you have accepted the fault.



I am once again very sorry that I am unable to help you further in this matter.



Yours sincerely



James Milton

Customer Care

www.asos.com



Fax: 01442 835 850

Address: ASOS Customer Care, Maylands Avenue, Hemel Hempstead, HP2 7DE

---

Here is what i sent to them last night.......

---

Original Message
Sent: 20 December 2006 02:55
To: ASOS Customer Care
Subject: Faulty Item


Hi, i recently ordered some brown buckle boots from you, the item was fine on arrival but on the 2nd time off wearing them the heel broke and the middle strap broke off the boot (right foot) , as i stated this was on the 2nd time off wearing them and i wasnt doing anything vigourous or anything that would off caused this except for walking. I have tried to superglue the heel but it doesnt feel secure and i dont want to wear the boots out again and then be stuck with a broken boot again.. the strap has stayed glued on but to be honest im just not happy that came apart so easily, and dont see why i should have to try and superglue them when ive only wore them twice. If possible i would like to return the boots and exchange them for some more. I really like the style of the boots and am hoping it is just a one off with what has happened.
Many thanks'

---

Can anybody help me, im really peed off as i havent got alot off money and wish id bought them in town now as i wouldve just taken them straight back, the only reason i tried to fix them myself was to save the hassle of sending them back etc and having to wait for them over xmas and n.y. to be returned, you cant even see where i tried to fix it, i wish id kept my mouth shut and not been honest!

Can anyone help me please!!!

(ps im still within the 30 day period to return them if that makes any diff)

Thankyou x

---

Last edited by skintio : Today at 2:05 PM.

You should not have attempted the repair as you have technically invalidated your claim.

However, write to them and tell them that there was obviously a fault in the boots and they were not fit for purpose, and not withstanding your repair, you reject the boots as not being fit for purpose under the Sale of Goods Act. You may be lucky in getting them to replace them for you.

Regards,
Art.