Consumer Rights: MoneySavingExpert.com discussion

sminto

Art wrote:

It's a long time for a vehicle to go 'missing' since last August. The garage has a right to sell the vehicle to recover their costs but they must give you the balance of any money they receive for it.

In view of the time scale they are putting on you I would suggest that you contact a solicitor as soon as possible and ask him to assist you in sorting this out.

What steps have you taken to locate the vehicle since August? Did your husband use it with your permission?

Regards,
Art.

hi art.. thanks for replying. my husband had permission to use the car but was bringing it back the same day. he became mentally unwell and disappeared for several months. i did not know what had happened to him or the car until last week. the car had been collected from birmingham by the aa and delivered to a garage in manchester. all of this info i found out last week. apparently my husbands mental state has deteriorated and he is recieving help in birmingham. i just thought with the garage now knowing all of this they would give me a chance to pay the money as often as i can. the car has been sat there for months. and if i had not contacted them last week then how much longer would they have allowed it to sit there anyway.

Art_2

sminto wrote:

hi art.. thanks for replying. my husband had permission to use the car but was bringing it back the same day. he became mentally unwell and disappeared for several months. i did not know what had happened to him or the car until last week. the car had been collected from birmingham by the aa and delivered to a garage in manchester. all of this info i found out last week. apparently my husbands mental state has deteriorated and he is recieving help in birmingham. i just thought with the garage now knowing all of this they would give me a chance to pay the money as often as i can. the car has been sat there for months. and if i had not contacted them last week then how much longer would they have allowed it to sit there anyway.

You could have another go at pleading with the garage to help you on this but if there's no joy you must ask a solicitor to assist you urgently or you'll find the car sold and then it will be too late.

Regards,
Art.

tams

Hi,

I would be extremely grateful if you could give me some advice please. In November, we bought a Vax hoover from Curry's for about £80. It was never brilliant, but recently has become unusable with the filter blocking every 5 minutes. I took it back to Curry's today, who told me that as it was a Vax, I need to take up the issue directly with Vax. I unhappily agreed to this, but as we are about to have a baby and cannot cope without a hoover I also had to bite the bullet and buy a (much better quality) Dyson today.

I would be very interested to know my rights concerning the Vax as having now spoken to a friend, it's my understanding that the contract is with Curry's, not Vax, is this correct? As such, can I ask Curry's for a refund or are they entitled to give me a replacement / make me go to Vax (which obviously I now don't need!!)

Wish I'd thought about posting here before I tried to take the hoover back this morning....

Thanks in advance

Tams

Art_2

tams wrote:

Hi,

I would be extremely grateful if you could give me some advice please. In November, we bought a Vax hoover from Curry's for about £80. It was never brilliant, but recently has become unusable with the filter blocking every 5 minutes. I took it back to Curry's today, who told me that as it was a Vax, I need to take up the issue directly with Vax. I unhappily agreed to this, but as we are about to have a baby and cannot cope without a hoover I also had to bite the bullet and buy a (much better quality) Dyson today.

I would be very interested to know my rights concerning the Vax as having now spoken to a friend, it's my understanding that the contract is with Curry's, not Vax, is this correct? As such, can I ask Curry's for a refund or are they entitled to give me a replacement / make me go to Vax (which obviously I now don't need!!)

Wish I'd thought about posting here before I tried to take the hoover back this morning....

Thanks in advance

Tams

Hi Tams,

Your contract is with Curry's and not the manufacturer. Curry's are simply trying to pass the buck. Within the first 6 months of purchase you have a right to reject the goods without proving to them that there is a fault.

Go back to Curry's tell them that under the Sale of Goods Act you are rejecting the cleaner as not being fit for the purpose intended and you demand a refund. If they refuse don't waste any more time with them. Go straight to the Small Claims Court and sue for your money back. Speak to the manager and make a note of his name.

If you decide to sue send a recorded delivery letter to the managing director telling him of your intention and give him 7 days to resolve the matter before you take action.

Write to:

John Clare,
DSG plc.
Hemel Hempstead,
HP3 9QN

If you do this you can also add into your claim any out of pocket expenses you have incurred such as extra travel costs etc. You won't get the difference in the cost of the 2 cleaners but you might be awarded something towards the difference as well, dependant on the Judge.

Curry's are a big organisation (part of a group that includes Dixons, PC World) and you would think that they would employ staff who knew the law in respect of customers rights. Too often on this thread their name is linked with poor customer service and a complete lack of interest in customer after sales.

Print this out and take it to the shop with you. It might wake the staff up to their responsibilities to their customers.

I must just ask - where did you buy the replacement cleaner?

I personally would not buy anything from Curry's, Dixons etc. I have always found a quick internet search has found the same product elsewhere at better prices and I have always received good service from these sources.

Regards,
Art.

tams

Hi Art,

Thanks so much for your extremely helpful reply. I will do as you have suggested and let you know how I get on.

Unfortunately I bought the replacement hoover from Curry's as well, as I didn't realise they were in the wrong until I got home. I will however learn from this mistake and not buy anything from them again!

I really do appreciate your time and help with this matter and thanks once again

Tams

papito

Advice needed
I was eating a pork rind (processed on a bag) from a known brand bought at tesco and I broke part of my thoot (crown) because I bite a piece of bone (I believe from Pork)

There is no warning on the bag about it may contain bones, and ask to send the pack to Customer service.
Now..I don't want to send the pack in case I need it afterwards, I want them to pay for my replacement tooth 9cost aprox. £300) What are the first step to follow.
Should I got to Tesco or to the brand or both?
What should I write to them?
Thanks

Art_2

papito wrote:

Advice needed
I was eating a pork rind (processed on a bag) from a known brand bought at tesco and I broke part of my thoot (crown) because I bite a piece of bone (I believe from Pork)

There is no warning on the bag about it may contain bones, and ask to send the pack to Customer service.
Now..I don't want to send the pack in case I need it afterwards, I want them to pay for my replacement tooth 9cost aprox. £300) What are the first step to follow.
Should I got to Tesco or to the brand or both?
What should I write to them?
Thanks

Write to Tesco giving them the full details but hold onto the bag and any other evidence such as the item you bit into. Tell them the damage and the cost of repair and that you expect them to pay your repair bill.

Regards,
Art.

jays_2

Hi, hope someone can offer some advice on a problem we have.

Purchased a Nintendo DS, Five and a half months ago from Argos for my son. This has slowly developed an intermittent fault on one of the buttons. (On some games occasionally it will not work.)

Took it back to Argos, and was given Nintendo's number and told to contact them. Rang Argos helpline, advised that it has to be sent to Nintendo to confirm fault is exists and that they will repair if it does.

Depending on whether they believed it was a manufacturing fault or not would depend on whether it was repaired under warranty or not

I have asked for a free of charge replacement, do not wish for repair, do not wish for refund though will take one if it's the best way out.

I am worried on return of goods the fault will not show anyway as is intermittent, and unless you play for hours it may not occur.

I have spoke to Nintendo they have basically said the same except, we would have to pay carriage charge for return and there is currently a 4 - 5 week backlog on checking DS returns.

I can’t believe this is correct. Any advice appreciated.

Art_2

jays wrote:

Hi, hope someone can offer some advice on a problem we have.

Purchased a Nintendo DS, Five and a half months ago from Argos for my son. This has slowly developed an intermittent fault on one of the buttons. (On some games occasionally it will not work.)

Took it back to Argos, and was given Nintendo's number and told to contact them. Rang Argos helpline, advised that it has to be sent to Nintendo to confirm fault is exists and that they will repair if it does.

Depending on whether they believed it was a manufacturing fault or not would depend on whether it was repaired under warranty or not

I have asked for a free of charge replacement, do not wish for repair, do not wish for refund though will take one if it's the best way out.

I am worried on return of goods the fault will not show anyway as is intermittent, and unless you play for hours it may not occur.

I have spoke to Nintendo they have basically said the same except, we would have to pay carriage charge for return and there is currently a 4 - 5 week backlog on checking DS returns.

I can’t believe this is correct. Any advice appreciated.

Another company that doesn't understand the law. Your contract is with Argos not the manufacturer. Do not be put off by what they say to you, tell them they are legally obliged to resolve your problem. Also as the goods are less than 6 months old you have an automatic right to reject them and ask for a refund/replacement.

Write to the head office and give them 10 days to resolve your problem or tell them you will go to the Small Caims Court. Tell them you are rejecting the goods as not fit for purpose under the Sale of Goods Act.

Send a recorded delivery letter to:

Sara Weller,
Argos Ltd.
489 - 499, Avebury Blvd.
Milton Keynes,
MK9 2NW.

As you are close to the six month deadline do this immediately.

You didn't say how you paid for the unit or how much it cost. If you used a credit card and the unit was over £100 send a copy of your letter to your card company telling them you hold them jointy responsible and ask them for their help.

Regards,
Art.

jays_2

Hi Art

Hi, thanks for your reply, they are saying they have the right to check if the unit has been damaged, and to repair it if it costs less than to replace it. Also that they take a reasonable length of time to do this.

I quoted Stat Rights to them, They have said unless I get something in writing from Trading standards they will not backdown. (This was when I was insisting on a replacement) Even told by one argos employee they had there own Stat rights!!

We are two weeks away from the 6 month period, I think it was paid for by credit card (will have to check)and would have been over £100 as was packaged with a case etc.

Any advise on a quotes I can give to them would be helpful as may try one final push again tommorow. Wife rang trading standards this morning and the advisor agreed with Argos