Consumer Rights: MoneySavingExpert.com discussion

shaggy

I have drafted the following letter:

In 2005 I received a DeLonghi microwave as a present, bought from Argos in xxxxxx. In the last week of December 2006, the microwave without reason has started consistently failed to warm up any food for any amount of time.
As I received this as a present, I do not have the original receipt, but I do still have the product sticker from the box from which you should be able to track the sale. I enclose a photocopy of this sticker for your records.
I am aware that any warranty repair or replacement will not fall under the guarantee, as the microwave (current Argos price of which is £89.99) was bought over 12 months ago, but according to the Sales of Good Act I am entitled to a repair or replacement as the microwave should be expected to work longer than a year.
I would be very grateful if you could reply as soon as possible so that we can resolve this matter quickly. I have already sought advice from the local Trading Standards office who are in agreement that either the microwave should be repaired or it should be replaced if a repair is not feasible
I look forward to a positive response.


Does this sound OK? do I need to be stronger in the letter? ALso, anyone know the address and dept i write to in the Head office, i have already done a Google search and not had much luck.

Thanks in advance once again

ScottishSapper

As far as I know the address is:
Argos LTD,
489-499 Avebury Boulevard,
Central Milton Keynes,
MK9 2NW.
Tel: 01908 690333

I believe the Managing Director is Kate Swann
or just address it to Customer Services

Art_2

shaggy wrote:

I have drafted the following letter:

In 2005 I received a DeLonghi microwave as a present, bought from Argos in xxxxxx. In the last week of December 2006, the microwave without reason has started consistently failed to warm up any food for any amount of time.
As I received this as a present, I do not have the original receipt, but I do still have the product sticker from the box from which you should be able to track the sale. I enclose a photocopy of this sticker for your records.
I am aware that any warranty repair or replacement will not fall under the guarantee, as the microwave (current Argos price of which is £89.99) was bought over 12 months ago, but according to the Sales of Good Act I am entitled to a repair or replacement as the microwave should be expected to work longer than a year.
I would be very grateful if you could reply as soon as possible so that we can resolve this matter quickly. I have already sought advice from the local Trading Standards office who are in agreement that either the microwave should be repaired or it should be replaced if a repair is not feasible
I look forward to a positive response.


Does this sound OK? do I need to be stronger in the letter? ALso, anyone know the address and dept i write to in the Head office, i have already done a Google search and not had much luck.

Thanks in advance once again

Remove the part of your letter referring to it being a present. Technically you do not have rights as they belong to the purchaser not you.

Also change the part stating you hope it will be dealt with quickly and say that as the matter has been going on with the local store for some time, you want a reply within 7 days.

You have already got the address from scottishsapper but she has given you the wrong contact. Send your letter to Sara Weller and don't forget to send by recorded delivery.

regards,
Art.

therossmonster

Not specifically covered in article so I thought should I consult the experienced.

Via a website we ordered £2500 of furniture - 1st September 2006. The firm we ordered it from has suggested the supplier (who also supplies John Lewis etc) has insufficient stock to meet demand. We are still awaiting confirmation of when to expect delivery. We paid up front for the goods by withdrawing from a savings account. This meant we received no interest in that month and are £2500 lighter on the balance. The retailer suggested delivery would be 8 to 10 weeks.

Do we have any rights at all to claim for loss of interest etc that has resulted or is it just shoddy performance and one of those things?

Sleeping in our new home with no bedroom furniture for four months is seriously stressing us out. Delivery estimates are regularly deferred (hence not cancelling and ordering alternative product).

Art_2

therossmonster wrote:

Not specifically covered in article so I thought should I consult the experienced.

Via a website we ordered £2500 of furniture - 1st September 2006. The firm we ordered it from has suggested the supplier (who also supplies John Lewis etc) has insufficient stock to meet demand. We are still awaiting confirmation of when to expect delivery. We paid up front for the goods by withdrawing from a savings account. This meant we received no interest in that month and are £2500 lighter on the balance. The retailer suggested delivery would be 8 to 10 weeks.

Do we have any rights at all to claim for loss of interest etc that has resulted or is it just shoddy performance and one of those things?

Sleeping in our new home with no bedroom furniture for four months is seriously stressing us out. Delivery estimates are regularly deferred (hence not cancelling and ordering alternative product).

Firstly, I would say be very careful of your money. It sounds like you will have been waiting up to 6 months for your furniture and I can't believe any company is that inefficient. It the retailer a national name or a local firm?
Do you know they have placed your order with the manufacturer?

You have a right to cancel your order and ask for your money back. You could also sue for loss of interest and inconvenience. Personally I would be tempted to do this unless the furniture is so special and can't be obtained elsewhere.

If you decide to leave the order with the retailer I would write to them and outline the story so far. Tell them how long you have been waiting and the various promises you have been made. Give them a deadline by which time you expect delivery and tell them that 'time is of the essence' in respect of your demand. Also tell them you expect compensation for loss of interest and inconvenince. Inform them that once your deadline expires you will expect a full refund immediately.

I feel you may end up having to sort this out in the Small Claims Court but I hope I'm wrong.

Finally, two general points. Never pay for goods in advance. A deposit of maybe 20-25% should be all you should pay.

Secondly, when placing an order for goods that are not readily available insist that written clearly on the order is the delivery promise and the expression 'Time is of the essence delivery required by ....'.

Regards,
Art.

ScottishSapper

Hi RossMonster
As I read it under the Distance Selling regulations by now you should have received written (email counts) details of the contract including a delivery time (there is much more they need to tell you but this will do for now!).

There is a section in the regulations that deals with Performance of the contract, I have copied and pasted verbatim:

Unless the parties agree otherwise, the supplier must perform the contract within thirty days from the day after the consumer sent his order to the supplier.

If the supplier is unable to perform the contract within this period, he must inform the consumer and repay any sum paid as soon as possible (and in any event within 30 days), although it is open to the supplier and the consumer to agree a revised date for delivery.

A contract which is not performed within the 30 day period shall be treated as if the consumer never entered into it, but the consumer will still have remedies for non-performance.

If a longer period than 30 days is required then this must be clearly stated in the supplier's terms and conditions and the prior information. The supplier may perform the contract by substitute goods or services of equivalent quality and price if the contract provided for this possibility and the supplier gave the consumer the prior information in the appropriate way.
It would appear that you have every right to now cancel the order and although not covered by this regulation request some compensation for the loss of interest on your savings account.

They should have given you full postal address details, write to them there (maybe worth the £1 for Recorded mail) and send same letter by email.

Art_2

ScottishSapper wrote:

Hi RossMonster
As I read it under the Distance Selling regulations by now you should have received written (email counts) details of the contract including a delivery time (there is much more they need to tell you but this will do for now!).

There is a section in the regulations that deals with Performance of the contract, I have copied and pasted verbatim:

Unless the parties agree otherwise, the supplier must perform the contract within thirty days from the day after the consumer sent his order to the supplier.

If the supplier is unable to perform the contract within this period, he must inform the consumer and repay any sum paid as soon as possible (and in any event within 30 days), although it is open to the supplier and the consumer to agree a revised date for delivery.

A contract which is not performed within the 30 day period shall be treated as if the consumer never entered into it, but the consumer will still have remedies for non-performance.

If a longer period than 30 days is required then this must be clearly stated in the supplier's terms and conditions and the prior information. The supplier may perform the contract by substitute goods or services of equivalent quality and price if the contract provided for this possibility and the supplier gave the consumer the prior information in the appropriate way.

In therossmonster's case the 30 day rule has been waived firstly by the original delivery date agreed of 6-8 weeks and secondly by the order being left in place after the expiry of the 30 days.

One thing I forgot to ask therossmonster. How did you pay for the goods? You say you withdrew cash from your account but how did you get this to the supplier?

regards,
Art.

Bigmonty69

Hi, hopefully this will be an easy to answer question

I purchased a plasma TV from Currys Online over Xmas, it was paid for by credit card. I decided within a couple of days that I wanted to return the TV.

I phoned Currys Online and they said that I could return it to my local store for a refund as it was within 7 working days of purchase. I went into my local store with the TV only to be told that they couldn't refund me and I should have arranged a pickup with the online store as they were separate companies.

After much arguing by myself a member of the local stores management team phoned the online people and came to a compromise where I would leave my TV with the local store and the online people would pickup from there and then refund my money. I was told this would happen yesterday but apparently it didn't and the local store have no sign of my TV i.e they probably sold it!

I have a print out of my invoice which the member of the management team at my local store signed and wrote that the TV was left with them and noted the date. he also wrote down the name and position of the guy he spoke to at the online store.

They are due to phone me back about this today and I am wondering what my rights/procedure I should follow if they try and delay me or tell me that they have no record of my TV.

Thanks in advance!

therossmonster

Art wrote:

In therossmonster's case the 30 day rule has been waived firstly by the original delivery date agreed of 6-8 weeks and secondly by the order being left in place after the expiry of the 30 days.

One thing I forgot to ask therossmonster. How did you pay for the goods? You say you withdrew cash from your account but how did you get this to the supplier?

regards,
Art.

We have a high interest savings account - we withdrew the money and paid with our debit card when the funds had cleared (rather than the credit card we probably should have used).

In response to earlier comments - decent and reputable company as are supplier. Total underestimate of demand. Having contacted the manufacturer direct they suggest we will need to deal with the retailer with any complaints. As an aside, the company's website suggests they will agree in writing a delivery date or refund within 30 days. Neither has occurred. Therefore could argue they are not following their policy/customer charter.

I feel a letter coming on!:undecided

deanos

Bigmonty69 wrote:

I phoned Currys Online and they said that I could return it to my local store for a refund as it was within 7 working days of purchase. I went into my local store with the TV only to be told that they couldn't refund me and I should have arranged a pickup with the online store as they were separate companies.

You can take items back to a Currys store as i have done it many times and its refunded instantly , its clearly stated on there website that you can do this as well, clearly the store havent got a clue, if its local i would go there straight away and demand a refund



Cancellations for home delivery items only

You can cancel your purchase at any time either before or up to 7 working days* following the day the goods are delivered.

You can do this by:

- returning the product to one of our stores with your receipt and bringing the card you paid with so we can credit it, or

- emailing us at curryswebsales@currys.co.uk if you ordered online or currystelesales@currys.co.uk if you ordered by phone to request that we collect the product, or

- phoning us on 0870 333 1222 with your order reference number and delivery details to hand

* “working days” means all days other than Saturday, Sunday and Public Holidays