Consumer Rights: MoneySavingExpert.com discussion

Art_2

dizzybet wrote: »

My husband and i received gift vouchers for both John Lewis and Debenhams as wedding gifts 3 years ago, ready for when we'd have a place of our own. We have recently bought and now will need to start using these vouchers. However, I just noticed that although the John Lewis vouchers have now time limit on them, the Debenhams ones do, and we are well beyond it. We know how much was on them as we made a note when we received the gifts. Do we have any rights to still be able to use them? or is the fact that a time limit is quoted mean that they are covered and we, essentially, are shafted?! We also feel awful that people spent this money on us that now is worthless!
Please help!
Thank you

Speak to Debenhams to see if they will allow you to use the vouchers but they do not have to. It's your mistake if you haven't followed the rules.

Regards,
Art.

Art_2

MSE_Alana wrote: »

Hi folks,

The new discussion thread for the Consumer Rights guide is here

MSE Alana

Why is this? It will just confuse people.

Regards,
Art.

rutherfordpaul

I know that the question "Is there a minimum 2 year guarantee on everything" crops up from time-to-time.

I've done my best to research the answer and here's where I come out.

Google for the EU publication "Your rights as a consumer" and read page 7.

This clearly says there is a minimum 2 year guarantee.

"Your Rights As A Consumer" is in turn based on "DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 May 1999
on certain aspects of the sale of consumer goods and associated guarantees" which says in

Article 3
Rights of the consumer
1. The seller shall be liable to the consumer for any lack of
conformity which exists at the time the goods were delivered.

and in
Article 5
Time limits
1. The seller shall be held liable under Article 3 where the
lack of conformity becomes apparent within two years as from
delivery of the goods. If, under national legislation, the rights
laid down in Article 3(2) are subject to a limitation period, that
period shall not expire within a period of two years from the
time of delivery.

Now Google for the UK DTI publication "The Sale and Supply of Goods to Consumers Regulations 2002" (which, incidentally, would seem to supplant the Sale Of Goods Act(s)).

This clearly says there is no such guarantee but (the summary) goes on to maintain that the UK consumer has more rights (presumably because of the 6 year Statute of Limitations).

Now, I know that UK Law overarches an EU Directive.

But how is this contradiction impossible?

So I suggest MoneySavingExpert.com asks the DTI for an explanation of this apparent difference.

After all, as a long suffering consumer I want 2 year guarantees (having tried once to use the Statute)!

Art_2

You have better protection under UK law. read the Sale of Goods Act to start with.

fletch1981

hi

dont know if i am am in the right bit but hope someone can give me advice.

a month ago i bought clothes from Zucci.com. i returned two items a day later as they were too big. the money has still not been refunded to my credit card. they are not replying to any emails or phone calls. every time i phone the answer message says they are busy and lets me leave a message. this even happens when i phone first thing in the morning when the phone lines open. i have left countless messages with my problem and sent countless emails but still no one has been in contact with me in any way.

assuming i will not be able to make contact with them, what are my options to get my money back??

thanks

Art_2

If the value of the clothes was more than £100 and you paid with a credit card then talk to your card company.

Regards,
Art.

cd36uk

Art wrote: »

Write to Kays, recorded delivery, pointing out the faults and tell them that you are rejecting the netbook as being not fit for purpose and not of merchantable quality. Tell them you will give them 10 days to replace or refund your money or you will go to the Small Claims Court.
In your letter tell them that they are responsible for the problem and not the manufacturer under the Sale of Goods Act.

Regards,
Art.

Hi, I have done this and yet they are still refusing to accept the netbook to replace or refund. They are insisting on a repair, which I am not happy with. They claim they are within their rights (and compliant with the sale of goods act) to do this.
What shall I do next ?

Art_2

I would write to them and tell them you will see them in the Small Claims Court. It's a simple procedure.

Regards,
Art.

cd36uk

Art wrote: »

I would write to them and tell them you will see them in the Small Claims Court. It's a simple procedure.

Regards,
Art.

This is something I have never done before, can this be done on my behalf by a family member? How much does it cost, and where do I start.

Kays claimed that I didn't report the fault within 28 days and so they are 'within their rights' to reject my request.
Since coming off the phone to them, I noticed; item rec 28/07, and complaint made 24/08, which is within 28 days after all. Pity I didn't realise that during the call.

Art_2

It's simple to do and can be done on your behalf.

Have a look at:

http://www.hmcourts-service.gov.uk/
http://www.uknetguide.co.uk/News_and_Weather/Article/Making_Claims_at_a_Small_Claims_Court-100307.html

You can do the paperwork online.

Regards,
Art.