Consumer Rights: MoneySavingExpert.com discussion

Art_2

Max_Dread wrote:

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

As this is a quality product it is reasonable to expect for it to give you better service than it has. You really should have notified the retailer as soon as the problems occurred.

Contact the retailer and point out the problems and tell them that you want something done about it. You are covered by the Sale of Goods Act. Up to 6 years you are entitled to damages or a replacement. Point this out to the retailer and if he refuses to deal with the problem send a recorded delivery letter and tell him you will go to the Small Claims Court.

Regards,
Art.

Art_2

Max_Dread wrote:

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.

Wow! they must be some speakers!

Firstly, why did you get such a reduction in the price? Was it to do with the quality of the speakers?

If they were bought as perfect speakers you have a very good case. Write to the retailer and inform him that the speakers are not fit for purpose and under the Sale of Goods Act you want them replaced. If you get nowhere with this approach send a recorded delivery letter informing them that you will sue in the Small Claims Court.

If you got a genuine bargain for £650 remember this is the total you will get by way of a refund. If the speakers are really worth £1200 it may be better to insist on a replacement or you will not be able to replace them yourself for £650.

Regards,
Art.

Tunstallstoven

Yes, cheers for the advice. Wih regard your question, the speakers were heavily reduced because at the time the manufacturer were without a UK distributor and so the company were selling off the last few they had from the old distributor (or that's what they told me!).

Was the retailers advice accurate and legitimate (ie that they will return the speakers to the manufacturer for them to look at, and that even if this all takes a long time I would just have to be without speakers while I wait?).

Does the same apply for the guitar? If the retailer asks to look at the guitar I guess I have to send it to them and have them look at it befire they even make a decision. I'm a bit worried that I wil pay for the guitar to be sent (recorded delivery) back to the retailer (or drive there and pay the petrol) just to be told they won't do anything?

I suppose only I can make the decision, but if I am totally confident that I will get the guitar fixed (I don't know how they could fix the paint issue, but they could give me a replacement nut and I would be pleased) - or the speakers replaced - I will be much more likely to send them for nspection - knowing what my rights are.

Thanks again.

Max

Art_2

LIAMTHOMAS wrote:

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???

The Halifax visa card is issued by Bank of Scotland and their card is covered by Visa's chargeback rules. Now, whether the Intelligent Finance card is as well I am not sure. Contact HBoS and ask them. You might be lucky.

Regards,
Art.

Art_2

Max_Dread wrote:

Yes, cheers for the advice. Wih regard your question, the speakers were heavily reduced because at the time the manufacturer were without a UK distributor and so the company were selling off the last few they had from the old distributor (or that's what they told me!).

Was the retailers advice accurate and legitimate (ie that they will return the speakers to the manufacturer for them to look at, and that even if this all takes a long time I would just have to be without speakers while I wait?).

Does the same apply for the guitar? If the retailer asks to look at the guitar I guess I have to send it to them and have them look at it befire they even make a decision. I'm a bit worried that I wil pay for the guitar to be sent (recorded delivery) back to the retailer (or drive there and pay the petrol) just to be told they won't do anything?

I suppose only I can make the decision, but if I am totally confident that I will get the guitar fixed (I don't know how they could fix the paint issue, but they could give me a replacement nut and I would be pleased) - or the speakers replaced - I will be much more likely to send them for nspection - knowing what my rights are.

Thanks again.

Max

Your contract is with the retailer not the manufacturer so you should not be forced to allow the goods to be returned unless you want to.

If you feel you want to allow the retailer to involve the manufacturer make sure you confirm that there will be a time limit on this and also that if you are not satisfied with the outcome you still reserve the right to a replacement. Don't allow the retailer to drag his heels if you decide to let him have an opportunity to talk to the manufacturer.

I think I would be tempted to let the retailer see the goods and gauge his response. If he appears to be unhelpful go straight to court.

Regards,
Art.

SuperNashwan

And as a side note to what Art's said about the guitar, DO NOT tell them the problems have been there for a while because they can make a good argument that you've impliedly accepted the faults by doing nothing about it for months, which would defeat your claim. This could be tricky with the paint if it's obvious it's damage that's built up over some time.

Max_Dread wrote:

If the retailer asks to look at the guitar I guess I have to send it to them and have them look at it befire they even make a decision. I'm a bit worried that I wil pay for the guitar to be sent (recorded delivery) back to the retailer (or drive there and pay the petrol) just to be told they won't do anything?
I suppose only I can make the decision

That's it really, you have to make a judgement call on which path is ultimately less hassle, because until you see the inside of a court room your rights only get you what the retailer will concede. Legally, you're under no obligation to return faulty goods at all, but from experience, retailers really hate to hear that (btw that doesn't mean you get to keep it, it still belongs to them).
As a guitarist I know the nut lock thread shouldn't wear like that and the shop must know that too so there's no real reason for them to need to inspect that; maybe you could email them some photos of the paint damage at least to get their first impressions?

Tunstallstoven

Thanks guys for the advice.

I will start with an email to them and gauge their response. Thanks also for the tip about the time issue. A photo is a good idea, and I'm glad you agree about the nut as - to be honest - that is the thing that worries the most. At the end of the day the paint issue is just cosmetic and I can always try to repaint it, although of course it is far less than ideal and I will let them know about it.

Thanks again.

Max.

Matty007

Art wrote:

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.

Dear Art

I have now received a message from the shop in relation to my letter.

They have asked for me to fone them.

I have no problem with this, but would like a little advice before contacting them.

If they fone to say they wish to rectify any faults within the cooker as outlined by me...then fine....I have something to contemplate, however it wouldnt surprise me if they offer to send one of their engineers around to look at the cooker, without any guarantee of a repair.

Now the problem that I have with this is they havent as yet shown any inclination to rectify any faults or even have a look at the cooker until now.


Should I worry that this would just give them an opportunity to have one of their engineers look at the cooker so that they may have an opportunity to build a defense against my case rather than make an immediate repair to the faults on my cooker.!!!!!

I look forward to hearing from you again ;-)

Regards
Matty007

Art_2

Matty007 wrote:

Dear Art

I have now received a message from the shop in relation to my letter.

They have asked for me to fone them.

I have no problem with this, but would like a little advice before contacting them.

If they fone to say they wish to rectify any faults within the cooker as outlined by me...then fine....I have something to contemplate, however it wouldnt surprise me if they offer to send one of their engineers around to look at the cooker, without any guarantee of a repair.

Now the problem that I have with this is they havent as yet shown any inclination to rectify any faults or even have a look at the cooker until now.


Should I worry that this would just give them an opportunity to have one of their engineers look at the cooker so that they may have an opportunity to build a defense against my case rather than make an immediate repair to the faults on my cooker.!!!!!

I look forward to hearing from you again ;-)

Regards
Matty007

Matty,

Make the phone call and see what they want. If they offer to repair the cooker tell them that you are OK with this but reserve the right to pursue your case if the repair is unsatisfactory. If they want to send someone to inspect the cooker, they really are entitled to do so if they haven't already, but ask what the purpose of the visit will be and if the person is in a position to repair it whilst he is with you. If they have inspected already demand that any 'inspection' will conclude in a repair/replacement. Don't let this drag on too much longer. I would give them 14 days to resolve the problem or face court action.

Once you have had your talk with them confirm everything in writing so both sides know what is agreed.

keep us posted on your progress.

Regards,
Art.

Elzo

Morning,
Don't know if you can help, not sure if this is a consumer issue as such...

Writing on behalf of my brother. He had an appointment at the dentist's a couple of weeks ago, and when he turned up for his appointment, 20 minutes beforehand as advised, the place was all shut up - doors locked, no sign, nothing. So he went home.

Phoned them the next day and the ratty receptionist answered (she is evil and everyone I know who goes to this particular dentist hates her!) She told him that the place had just been shut for lunch (ie, her lunch - she's the only receptionist) and before my brother could make another apppointment, he'd have to pay a £10 'no show' fine.

I think this is ridiculous as it is obviously a genuine mistake, just 'one of those things', and the receptionist should have put up a sign saying that it would be re-opening shortly. What was my brother to do, stand about in the rain for 20mins?

He wrote a letter of complaint to the dentist but it was the receptionist that opened it and obviously won't want to act on it. He phoned a few days later to check that the letter had been received and she knew all about it.

Does anyone know what we can do? I know its only £10 but its the principle and I don't think my brother is the one at fault. The way he is being treated is terrible.

Thanks for reading!