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Consumer Rights: MoneySavingExpert.com discussion

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  • shaggy wrote:
    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?
    I would skip the CAB, assuming you followed Art's earlier advice and wrote to them using recorded mail and listed the problems and gave them a time frame to resolve the matter, you should now proceed to make a claim through the Small Claims Procedure.

    Get copies of your letters ready, go on line to the Royal Mail website ( http://www.royalmail.com/portal/rm) and enter the 13 digit reference number and track the delivery. You will be able to download the electronic POD with the date/time it was signed for, also the name and signature of who signed for it.

    It may be worth having a look at he Trading Standards advice leaflet Thinking of Suing in a County Court? (http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV1012-1011.txt)

    Then submitting a claim.
  • Matty007
    Matty007 Posts: 199 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Who gets custody of the faulty cooker !!??

    Can I sue for the full amount.......then if I am successful can I get that repaired and keep the difference ?

    In many ways I am quite looking forward to the small claims court....if successful and not too nerve racking...i feel it will empower me for any further major purchases I may make.

    I will of course probably need some more advice as this progresses.

    Once again thank you for your support.

    Regards
    Matty007
  • chubbina
    chubbina Posts: 47 Forumite
    If a company has gone into administration should I give up trying to get a refund for a faulty item they sold me?
    Can someone advise me if I have any rights?
  • Art_2
    Art_2 Posts: 1,602 Forumite
    shaggy wrote:
    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?


    You've given them every opportunity to sort the problem out. Sue them in the Small Claims Court. Go for a new microwave plus any out of pocket expenses you have incurred.

    Regards,
    Art.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    chubbina wrote:
    If a company has gone into administration should I give up trying to get a refund for a faulty item they sold me?
    Can someone advise me if I have any rights?

    You are entitled to lodge a claim with the administrators. However, the chances of you getting anything are very, very remote. Any money left in the company will go first to the secured creditors such as Inland Revenue, VAT etc. This process could drag on for a few years and then you might end up getting 1p in the £ for your claim. Sorry, but best to write it off.

    Regards,
    Art.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Matty007 wrote:
    Who gets custody of the faulty cooker !!??

    Can I sue for the full amount.......then if I am successful can I get that repaired and keep the difference ?

    In many ways I am quite looking forward to the small claims court....if successful and not too nerve racking...i feel it will empower me for any further major purchases I may make.

    I will of course probably need some more advice as this progresses.

    Once again thank you for your support.

    Regards
    Matty007


    Yes, you can sue for the full amount. The faulty cooker will be the property of the retailer. If he doesn't want to collect it you can 'make him an offer' for it then it is yours to do what you want with. Make sure you have his written agreement to any arrangement.

    You won't find the Small Claims court any problem. They are informal and the Judge will help you in any way he can to present your case if you get stuck. You should quite enjoy it, especially if you win - which you will.

    Regards,
    Art.
  • shaggy
    shaggy Posts: 1,035 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I would skip the CAB, assuming you followed Art's earlier advice and wrote to them using recorded mail and listed the problems and gave them a time frame to resolve the matter, you should now proceed to make a claim through the Small Claims Procedure.

    Get copies of your letters ready, go on line to the Royal Mail website ( http://www.royalmail.com/portal/rm) and enter the 13 digit reference number and track the delivery. You will be able to download the electronic POD with the date/time it was signed for, also the name and signature of who signed for it.

    It may be worth having a look at he Trading Standards advice leaflet Thinking of Suing in a County Court? (http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV1012-1011.txt)

    Then submitting a claim.

    thanks to Art and ScottishSapper. I will certainly look at using the small claims procedure, but I think I might give the customer services a call on Monday to see if they are even thinking of replying to me???
  • Thanks Art,

    Intelligent Finance (part of Halifax) issue my debit card.

    I have written to them recorded delivery last week and still no reponse!

    The 0800 011 2828 number is impossible to connect to, hence why I smell a rat! The website looks as if they are still trading though???
  • Hello there all! This is my first post ever! I have a couple of posts but thought it best to put them in separate posts.

    The first: I bought a guitar 2 years and 10 months ago from a shop in Hitchin (I am in Norwich). It is a quality instrument from the manufacturer Ibanez. During the time I have had it I have had a couple of problems. The first was paint coming off from the bridge, where my hand rests when I play it. This should not happen. Secondly, the nut of the guitar has bolts - the thread has worn from these so it is not possible to tighten them and the guitar goes out of tune s a result. The first happened well over a year ago, the second between 6 months and a year. I have been peeved but always put it down to one of those things...but now I'm wondering what my rights actually are.

    The thing is, I have another Ibanez of similar spec which I have had 14 years and neither of these things have happened to this one. I have searched reviews on the net and spoken to guitar techs who say that the company now use different type of paint and materials and this is why it has happened to the new guitar and not the old. The fact that the old guitar is fine also confirms to me that it is not a fault of mine that these things have happened and is not natural wear and tear.

    So where do I stand? From the Consumer article I guess I should go to the retailer, but I would like to go fully armed with knowledge so any help would be gratefully received.

    Many thanks

    Max
  • Ok so here is my second post.

    I bought a pair of studio monitor speakers on mail order in August 2006. These are a high quality item (£1200 retail, I got hem for a bargain £650). I have had a couple of "problems", but because I have never had monitors before was not exactly sure if they were actually problems or not. I therefore posted on some forums and the consensus was they were faults and I should look into repair/replacement. Other suggested I should mend them myself, but I do not want to void my waranty.

    I have spoken to the retailer and they said that the best I could do was send them back, they would then send them back to the manufacturer who would test them for the faults. This would presumably take quite some time, and in the meantime I would be without any monitors. What I wondered was whether this is my only cause of action? Am I entitled to a replacement while they are being repaired? Or can I actually ask for a direct replacement? The items were bought on a credit card.

    Many thanks for your time.

    Max.
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