Consumer Rights: MoneySavingExpert.com discussion

Art_2

spikypixie wrote:

Hello again,
The box is the new freeview subscription box dtr. They tell you that if you can receive channel 5, then you can use this service. When it works, i works fine. It is the box that locks, not the signal. If you read the forums, many customers have had this problem. Topup tv keep fobbing customers off saying ' it will all be sorted out in the next software download' of which we've had 2 if not 3. They even helpfully suggest turning it off at the mains and forcing a re-boot. It is still no better. Surely a company cannot launch a product this glitchy and use us all as guinea pigs??

Ask for a refund on the grounds that it is not fit for purpose. If others have also complained keep a copy of their problems as it may be useful. You need to deal with the place you purchased the box from.

If you get nowhere with your demand then go to the Small Claim Court.

Regards,
Art.

spikypixie

Art wrote:

No the retailer is actually still responsible for the oven. It is not acceptable for a product of this price to cause you the trouble it has. If you can find out who you bought it from I would tackle them on this one.

Did you pay by credit card?

Regards,
Art.

I paid via interest free, and I will have to look for the receipt!! I have written to Smeg and given them 7 days to reply. If I get no joy, I will pursue the web seller as plan B. Many thanks.
Helen

sallyJg

Hi I bought a ball gown from Monsoon about a month ago and its cost me £75 which was half its original price in the sale. I wore it to a ball at the weekend just gone, and when I got home I could not undo the zip. It had got stuck. It wasnt that material had got stuck when I did it up, I believe that it must have been faulty in the first place. I have only worn the dress once and wanted to wear it to a wedding that I have coming up in the year. Anyway we (mt husband and I) struggled to get the dress off, and in all the fuss of getting it off caused the seams to rip. It was a fitted gown and I would still have it on now if I hadnt forced it off. I am really put out by this and I want to know whether or not I stand a chance if I take it back to the shop. It doesnt look good as the seam is ripped and the zip is all mangled, and I am sure they are going to say that I caused this damage, but as i say I only wore it once and for the price it cost me you would expect to be able to wear it more than that. Can someone help me?

SuperNashwan

sallyJg wrote:

Hi I bought a ball gown from Monsoon...

I think you're right to say it could be difficult to prove the damage was due to a defect from the zip, but I guess there probably aren't many other likely scenarios. Try the shop and be polite, tell them how disappointed you are, about the wedding you can't wear it to etc. If they refuse to put it right you can take it up the chain to the store manager, phoning the head office and so on until you get a result or hit a brick wall. If you do want to go down the small claims route bear in mind the burden of proof is a balance of probabilities, whether something is more likely than not, so if you can look at the dress impartially and come to the conclusion your version of events is the most probable you're doing okay.

Art_2

sallyJg wrote:

Hi I bought a ball gown from Monsoon about a month ago and its cost me £75 which was half its original price in the sale. I wore it to a ball at the weekend just gone, and when I got home I could not undo the zip. It had got stuck. It wasnt that material had got stuck when I did it up, I believe that it must have been faulty in the first place. I have only worn the dress once and wanted to wear it to a wedding that I have coming up in the year. Anyway we (mt husband and I) struggled to get the dress off, and in all the fuss of getting it off caused the seams to rip. It was a fitted gown and I would still have it on now if I hadnt forced it off. I am really put out by this and I want to know whether or not I stand a chance if I take it back to the shop. It doesnt look good as the seam is ripped and the zip is all mangled, and I am sure they are going to say that I caused this damage, but as i say I only wore it once and for the price it cost me you would expect to be able to wear it more than that. Can someone help me?

Now that you have got the gown off can you operate the zip properly. If not the item was clearly not fit for purpose under the Sale of Goods Act and you should pursue a replacement or your money back.

If the zip now works, you are not on sure ground. The best you can do is throw yourself on the retailer's mercy and maybe you will get them to repair it for you.

Regards,
Art.

wombar

Art wrote:

Yes, you are entitled to a free repair. You are right in saying that the unit should have lasted longer than it has.

If you have a problem with the distributor try to enlist the support of the MD at Digital Village. His name is John DeCosta.

Regards,
Art.

Hi Art,

Just thought I'd let you know how I got on. It's good news but not from people who are obliged to help me.

I spoke to Music Track first and they agreed to replace the unit with another brand new boxed unit without any hassle at all. I thought this was very good of them as they're the distributor and are not obliged to at all.

I then got to thinking that if I could get a brand new one, maybe Digital Village in Barnet would accept the unit back and allow me to exchange it for something more expensive with me making up the difference. I figure this was a good deal for them as they get a new unit in a box they can sell on and make some more money from me in the process.

I don't think the guy at Digital Village actually read my email as his reply was one line basically saying "You're out of warranty, talk to Music Track". So it looks like I might be ebaying the new unit but at least I can sell it as brand new.

So the result is, Digital Village in Barnet were particularly unhelpful and I shan't be buying anything from them ever again. Music Track on the other hand have gone beyond the call of duty and deserve a great big thank you (as well as you Art).

Art_2

wombar wrote:

Hi Art,

Just thought I'd let you know how I got on. It's good news but not from people who are obliged to help me.

I spoke to Music Track first and they agreed to replace the unit with another brand new boxed unit without any hassle at all. I thought this was very good of them as they're the distributor and are not obliged to at all.

I then got to thinking that if I could get a brand new one, maybe Digital Village in Barnet would accept the unit back and allow me to exchange it for something more expensive with me making up the difference. I figure this was a good deal for them as they get a new unit in a box they can sell on and make some more money from me in the process.

I don't think the guy at Digital Village actually read my email as his reply was one line basically saying "You're out of warranty, talk to Music Track". So it looks like I might be ebaying the new unit but at least I can sell it as brand new.

So the result is, Digital Village in Barnet were particularly unhelpful and I shan't be buying anything from them ever again. Music Track on the other hand have gone beyond the call of duty and deserve a great big thank you (as well as you Art).

Good to hear you got a result.

Regards,
Art.

tommcdonna

2 years ago, I purchased a digital camera as a replacement for my 35mm film based camera. I went for a Pentax Optio s5i and bought it from Jessops. At the time this was a pretty much top of the range camera and still is a decent spec even in the current market.

I have recently noticed that the Camera has started producing a little pink spot in all the pictures it takes. This is caused by a fault to the CCD (the bit that detects the light). Having discovered this fault and looked back, it appears it started happening about 18 months into the camera's use.

Pentax have quoted £80 for repair.

Now in my opinion, I think that a top of the range digital camera should definitely operate, fault free for considerably longer than 18 months. It was afterall bought as a replacement for a film camera that is still going strong after 10 years of use. The component that doesn't work properly is internal to the camera, in a sealed environment and has no moving parts, so even though I have looked after the camera very well, even if I hadn't, the component still shouldn't fail.

This leads me to believe that although the camera is out of manufacturers warranty, under the Sale of Goods Act, I have a claim for either repair, replacement or refund, against the retailer that sold it, Jessops, as selling an item that has not lasted an adequate lifetime and was not fit for purpose.

Do people think I have a case? And how best should I approach the claim?

Art_2

tommcdonna wrote:

2 years ago, I purchased a digital camera as a replacement for my 35mm film based camera. I went for a Pentax Optio s5i and bought it from Jessops. At the time this was a pretty much top of the range camera and still is a decent spec even in the current market.

I have recently noticed that the Camera has started producing a little pink spot in all the pictures it takes. This is caused by a fault to the CCD (the bit that detects the light). Having discovered this fault and looked back, it appears it started happening about 18 months into the camera's use.

Pentax have quoted £80 for repair.

Now in my opinion, I think that a top of the range digital camera should definitely operate, fault free for considerably longer than 18 months. It was afterall bought as a replacement for a film camera that is still going strong after 10 years of use. The component that doesn't work properly is internal to the camera, in a sealed environment and has no moving parts, so even though I have looked after the camera very well, even if I hadn't, the component still shouldn't fail.

This leads me to believe that although the camera is out of manufacturers warranty, under the Sale of Goods Act, I have a claim for either repair, replacement or refund, against the retailer that sold it, Jessops, as selling an item that has not lasted an adequate lifetime and was not fit for purpose.

Do people think I have a case? And how best should I approach the claim?

Write to Jessops and point out that within 6 years of purchase you are entitled to damages for a faulty product. The damages will equate to a repair or replacement.

Tell them that if they refuse to act you will go to the Small Claims Court.

Regards,
Art.

ScottishSapper

tommcdonna wrote:

2 years ago, I purchased a digital camera as a replacement for my 35mm film based camera. I went for a Pentax Optio s5i and bought it from Jessops. At the time this was a pretty much top of the range camera and still is a decent spec even in the current market.

Tom, yes you should expect a quality product such as a Pentax to last a lot longer than 18/24 months.

In the first instance I would go back to the Jessops store where you purchased it and speak with the manager, explaining the problems/faults that you have with the camera and ask for a repair/replacement. Obviously you would cite the Sale of Goods Act 1979 (as amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002).

If you have no joy there then write to (recorded mail)

Chris Langley
Chief Executive
Jessops
Jessop House
98 Scudamore Road
Leicester
LE3 1TZ
Switchboard Tel. 0116 232 6000

Your final course of action would be to pursue a claim via the Small Claims Court