Consumer Rights: MoneySavingExpert.com discussion

shaggy

Right.. the on going argos microwave saga - I may as well make a claim in the small claims court - i have only £30 to lose which is a lot less than the £90 the microwave cost me.

Anyway, do I have to use this web site to make a HMCS Money Claim online: https://www.moneyclaim.gov.uk/csmco/index.jsp

??

I found some info here: http://www.hmcourts-service.gov.uk/infoabout/claims/howclaim/index.htm which seems to imply that I have to use that web site to make a claim. Is this what I need to do? Apologies for sounding a bit dumb, but I have never done this before and I'd like to get it right first time. Thanks

Art_2

shaggy wrote:

Right.. the on going argos microwave saga - I may as well make a claim in the small claims court - i have only £30 to lose which is a lot less than the £90 the microwave cost me.

Anyway, do I have to use this web site to make a HMCS Money Claim online: https://www.moneyclaim.gov.uk/csmco/index.jsp

??

I found some info here: http://www.hmcourts-service.gov.uk/infoabout/claims/howclaim/index.htm which seems to imply that I have to use that web site to make a claim. Is this what I need to do? Apologies for sounding a bit dumb, but I have never done this before and I'd like to get it right first time. Thanks

Yes, the main page is the https://www.hmcourts etc... and the first link you have is a sub-page of this one. (moneyclaim.co.uk etc)

If you feel unsure about using the online service you can go along to your nearest County Court and you should find them very helpful in giving you advice in completing the paperwork.

If you attend court, which is always useful, you will find it is very informal and often conducted in a room rather than in the court itself. Staff are usually very helpful in guiding you through the process.

If you win you will receive your costs back. Make sure you add into your claim any expenses you have incurred for telephone calls, letters, travel expenses etc.

Good Luck.

Regards,
Art.

Art_2

wombar wrote:

Hi All,

I was hoping I could get some advice on one of the electrical products that has developed a fault. It's a MOTU 896HD(8 Track recording device) that allows me to record bands etc.

Here's a run down of the timeline.

- I bought a brand new boxed unit from Digital Village in September '04 for £800.

- That unit developed a fault with 2 of the channels 5 months later. I returned that unit to digital village who sent it to music track(MOTU's UK Distributor) and got a refurbed unit back from Music Track.

- The refurbed unit developed a fault(headphone socket and loose screw inside unit) in August '05. I returned the refurbed unit directly to Music Track for a brand new and boxed version.

- The brand new unit has developed another fault (dead channel) in Jan '07.

Obviously for a unit costing £800 I'm not impressed, and I've had 3 units in just over 2 years. The 12 month warranty has run out on the last unit but ideally I'd rather not have to pay for a repair as something like this should last longer than 18 months.

The problem is, I went straight to the distributor last time and not through the retailer because it was significantly quicker and their premises were only an hours drive away.

Anyway, I'm speaking to Music Track(the distributor) tomorrow about getting a repair/replacement, but should I have to pay for the repair?

Ideally I'd prefer my money back(which isn't going to happen I know) but a brand new replacement would be acceptable so I can sell the unit on and get something more reliable.

In my original reply I mentioned the MD of Digital Village, John DeCosta.

I was talking to John today and he was concerned to hear you had problems with one of his shops and asked me for details in the hopes that he may help resolve this matter.

If you let me have your contact information (suggest private email) I will pass this to John who I'm sure will do all he can to assist. He told me he will be visiting the Barnet store on Monday, so if you get the info to me he can no doubt look into it then.

Regards,
Art.

shaggy

Art wrote:

Yes, the main page is the https://www.hmcourts etc... and the first link you have is a sub-page of this one. (moneyclaim.co.uk etc)

If you feel unsure about using the online service you can go along to your nearest County Court and you should find them very helpful in giving you advice in completing the paperwork.

If you attend court, which is always useful, you will find it is very informal and often conducted in a room rather than in the court itself. Staff are usually very helpful in guiding you through the process.

If you win you will receive your costs back. Make sure you add into your claim any expenses you have incurred for telephone calls, letters, travel expenses etc.

Good Luck.

Regards,
Art.

thanks. seems easy enough to fill on line. I am not sure I will atten court in person, as i am self employed and lose far more than £90 wages if I miss a day off work.

Art_2

shaggy wrote:

thanks. seems easy enough to fill on line. I am not sure I will atten court in person, as i am self employed and lose far more than £90 wages if I miss a day off work.

If nobody turns up in court the Judge will make his decision from the papers submitted by both sides, assuming the retailer bothers to file a defence. Many cases are dealt with in this manner.

There is one problem in not attending yourself. If the retailer sends a representative they may put up an argument to the court which you will not have a chance to refute. Say for example they simply say that you didn't use the appliance as per the instructions. It would be useful if you could attend, but not essential.

Regards,
Art.

shaggy

thanks once again for the advice Art. I have just filled in a claim on line. Lets see how it goes.

spikypixie

Just a quick update on my rantings of last week on the cooker that no longer cooked (for the 3rd time) and the Topup TV box that has been close to being flung out of the window ......... Smeg have promised me a lovely new oven, said it was all a big misunderstanding and that their £600 oven SHOULD last longer than 9 months at a stretch without the element popping. IMPORTANT info for those of you with a dodgy topup TV Anytime receiver /dtr. If you phone their customer services 08712 712712 and choose option 6, then WAIT for the 2nd message, it tells you how to get a complete refund for your dodgy box!!!

mm66

Hi All,

I purchased a DSLR from Amazon. It arrived but was faulty. They
issued me a pre-paid address label and asked me to send it back via
Royal Mail and take proof of postage which I did.

Then i got an email from them that they only received the cover note
that was attached to the box but not the whole package.

1- I have tried to reason with them that by giving the package to
Royal Mail as instructed by them and as per the prepaid address label
and if RM lost the parcel they need to take it up with them but they
are not budging. I have pointed out to them that with the prepaid
label I did not have a choice of type of service or getting insurance
or doing anything but to stick the label onto the package and get a
proof of posting. The package was securely taped and the envelope and address label could only be detached physically and would not come off by itself.

2- Also contacted RM who said that I have no standing as Amazon is
their client.

If you can pl. advise me as to the legal position as to who is
responsible in this case?

thx

ScottishSapper

mm66 wrote:

Hi All,



If you can pl. advise me as to the legal position as to who is
responsible in this case?

thx

A proof of posting only serves to say that you posted an item - not what the item was!

I notice on their returns page they state:
for your protection we recommend that you use a recorded-delivery service if the value of the return is more than £50.

I can only suggest that you email them again giving them the facts and see what the reply is.

Hopefully someone else who has had a similar problem will be able to suggest something else.

Me_UpNorth

mm66 wrote:

Hi All,

I purchased a DSLR from Amazon. It arrived but was faulty. They
issued me a pre-paid address label and asked me to send it back via
Royal Mail and take proof of postage which I did.

Then i got an email from them that they only received the cover note
that was attached to the box but not the whole package.

1- I have tried to reason with them that by giving the package to
Royal Mail as instructed by them and as per the prepaid address label
and if RM lost the parcel they need to take it up with them but they
are not budging. I have pointed out to them that with the prepaid
label I did not have a choice of type of service or getting insurance
or doing anything but to stick the label onto the package and get a
proof of posting. The package was securely taped and the envelope and address label could only be detached physically and would not come off by itself.

2- Also contacted RM who said that I have no standing as Amazon is
their client.

If you can pl. advise me as to the legal position as to who is
responsible in this case?

thx

I would hae thought as YOU were the person posting the item AND you have the proof of posting then RM would have to deal with you. I would take the matter up with the manager of the local sorting office