Consumer Rights: MoneySavingExpert.com discussion

ScottishSapper

Art wrote:

Halifax is part of HBoS and their Visa debit cards carry the same protection for you as a credit card. Phone your card company on Monday and tell them you want them to assist in this matter as they are jointly responsible.
Regards,
Art.

Sorry Art, but what are you basing that statement on? My understanding is this applies of the cash value of the goods is more than £100.
If this has now changed or I have got it wrong could you point me in the right direction.

Thanks

Frank

Art_2

ScottishSapper wrote:

Sorry Art, but what are you basing that statement on? My understanding is this applies of the cash value of the goods is more than £100.
If this has now changed or I have got it wrong could you point me in the right direction.

Thanks

Frank

I'm sorry, I forgot the value of the goods. You are right about the £100 limit.

kate, my apologies for my mistake please ignore my suggestion to contact HBoS on this problem. Just go with my earlier advice.

Regards,
Art.

skintio

Will do, still handy to know though for in future if i buy something over £100.. thanks.

SuperNashwan

Matty007 wrote:

Although I am confident that I will win this case if it goes to small claims court, is there any truth in a new European Directive that says that electrical appliances should all have a minimum of a 2 year guarantee ?

This is a surprisingly persistent myth, but no, there is no EU 2 year guarantee. The EU directive people are referring to when they say that was brought in as minimum protection for consumers throughout the EU, so it specified it had to be enacted in Member States to apply for a minimum of two years (in the UK it wasn't limited in this way). Also, it only covers faults that were present at the time of sale, so it's not an ongoing warranty in the way most people would expect. For us in the UK, we already had much stronger provisions in place before the Directive and the two schemes now exist slightly confusingly in parallel, and which you choose to pursue your rights can have important consequences that people often won't realise until it's too late.

Art_2

SuperNashwan wrote:

This is a surprisingly persistent myth, but no, there is no EU 2 year guarantee. The EU directive people are referring to when they say that was brought in as minimum protection for consumers throughout the EU, so it specified it had to be enacted in Member States to apply for a minimum of two years (in the UK it wasn't limited in this way). Also, it only covers faults that were present at the time of sale, so it's not an ongoing warranty in the way most people would expect. For us in the UK, we already had much stronger provisions in place before the Directive and the two schemes now exist slightly confusingly in parallel, and which you choose to pursue your rights can have important consequences that people often won't realise until it's too late.

There should never be any doubt that if action is being taken it should be under the Sale of Goods Act so long as the goods were purchased within the UK. The act gives all the necessary protection.

If you are purchasing from another EU country then you might have to rely on the EU directive but that could be hard to enforce from here. Even this might become easier later in the year with new EU regulations dealing with 'cross border' trading, but don't hold your breath.

Regards,
Art.

stevej34

hi friend
i have noted about your post regarding ebay and i would like to let you know that ebay are quick to take money from you when you buy or win auctions on their site yet when items are not as described or do not ever turn up they are not interested and one instance i bought 2 mobile and all accessories from seller on ebay and paid money etc was given spec delivery ref no etc and waited 10 days and items never showed up and lodged complaint with ebay as del ref no was not valid confirmed byn royal mail demanded all monies inc spec del charge refunded in full and took them 3 and a half months to get off their backsides and sort it out i then demanded compensation and all they gave me a compo was £10 damn cheek so all i do is buy items on ebay with buy it now with c card

Art_2

stevej34 wrote:

hi friend
i have noted about your post regarding ebay and i would like to let you know that ebay are quick to take money from you when you buy or win auctions on their site yet when items are not as described or do not ever turn up they are not interested and one instance i bought 2 mobile and all accessories from seller on ebay and paid money etc was given spec delivery ref no etc and waited 10 days and items never showed up and lodged complaint with ebay as del ref no was not valid confirmed byn royal mail demanded all monies inc spec del charge refunded in full and took them 3 and a half months to get off their backsides and sort it out i then demanded compensation and all they gave me a compo was £10 damn cheek so all i do is buy items on ebay with buy it now with c card

I have looked back on recent posts and can't seem to find any reference to Ebay. It would have been useful to have quoted the post that you are referring to.

FWIW I have only had to ask Ebay to get involved once in a dispute and they acted very efficiently.

Regards,
Art.

Matty007

I am still waiting for the retailer to get back to me.......and I am giving the manufacturer a wee bit of a hard time too...in reference to my Range Cooker and its faulty timing switches. the manufacturer has offered a repair at £40.00...derisory I think!! I am aware of the legal responsibility being that of the retailers ...but feel that they too have some morale responsibility...I have also mentioned this website and review sites...so we will see.

I am still a little confused as to what I really should be claiming for if it does go to court......it is easy to define the actual costs in terms of postage and any phone calls however, should I claim for the total cost of the cooker although only the timers are not working and some icons have peeled off ?? or do i just ask for a full repair........??

If I claim for the full amount....should I be successful do they then collect the cooker...? leaving me with trying to buy another cooker with all the fuss of the delivery and installing..??

Can i claim for any of my personal time...??

I am determined but reasonable...what would you advise ?



Regards
Matty

Art_2

Matty007 wrote:

I am still waiting for the retailer to get back to me.......and I am giving the manufacturer a wee bit of a hard time too...in reference to my Range Cooker and its faulty timing switches. the manufacturer has offered a repair at £40.00...derisory I think!! I am aware of the legal responsibility being that of the retailers ...but feel that they too have some morale responsibility...I have also mentioned this website and review sites...so we will see.

I am still a little confused as to what I really should be claiming for if it does go to court......it is easy to define the actual costs in terms of postage and any phone calls however, should I claim for the total cost of the cooker although only the timers are not working and some icons have peeled off ?? or do i just ask for a full repair........??

If I claim for the full amount....should I be successful do they then collect the cooker...? leaving me with trying to buy another cooker with all the fuss of the delivery and installing..??

Can i claim for any of my personal time...??

I am determined but reasonable...what would you advise ?



Regards
Matty

I would suggest that you should now be going to the Small Claims Court on this one. The retailer does not seem to want to honour his legal obligations.

Claim for the full cost of the cooker as the one you have is not working in accordance to the manufacturer's specification. Unfortunately, you will have the inconvenience of getting the faulty one removed and then a new one installed. Add a charge for inconvenience to your claim. I would suggest £100. Then add your other costs for postage, phone calls etc.

If you feel this is going to be too much hassle sue for a full repair but bear in mind the attitude you have experienced so far with the retailer.

Don't worry that you may be going a little over the top with your claim. When judgement is found for you at the court the judge will decide what is fair and reasonable and may reduce your claim to some extent. This often happens so make the claim as high as reasonably possible.

Regards,
Art.

shaggy

Hi all

As posted earlier in this thread, I wrote to Argos (both the branch and head office) about my microwave packing up. This was about two weeks ago. I still have not had a response. What do people suggest as the next course of action? Should I contact Citizen Rights Bureau?