Consumer Rights: MoneySavingExpert.com discussion

Art_2

SuperNashwan wrote:

Yes you're legally entitled to your travel costs as they would be an extra expense incurred directly as a result of the fault; in a court you could claim them as damages very easily. However the real task you face is convincing Comet of this, although they probably know, they'll try and fob you off anyway. Good luck!

But this isn't going to court. There should be no problem in Comet replacing a faulty item which was only bought a few days ago.

Retailers are wary to offer 'travel expenses' . That's why I suggested asking for something as a token of goodwill. This often works.

Regards,
Art.

Matty007

Dear Art

Kinda got the taste for this now !!!

I hope you might give your advice on the following for a friend of mine.


Bought an Iron from QDA (local retailer) 26/04/05 .... £210.00

Polti - Vaporella Forever 1000

1st went wrong in June 06 ... QDA said warranty expired and had to return it to Domotec Home Appliances .They repaired ... Bottom Case, Pressure Switch and flex.
Charged £45.00!

Has now gone wrong again ... Returned to same place .... Charged £69.00 repair cost to mend whatever was wrong.

They phoned to say there was a hole in the water tank and would replace as soon as part came in.

They called and left message today saying the iron should be back on Monday.

What do you think?


Matty

Art_2

Matty007 wrote:

Sorry Art Keep Forgetting to click on THANKS !!!

No worries Matty. Guess the crate of scotch is on the way though ;-)

Regards,
Art.

Art_2

Matty007 wrote:

Dear Art

Kinda got the taste for this now !!!

I hope you might give your advice on the following for a friend of mine.


Bought an Iron from QDA (local retailer) 26/04/05 .... £210.00

Polti - Vaporella Forever 1000

1st went wrong in June 06 ... QDA said warranty expired and had to return it to Domotec Home Appliances .They repaired ... Bottom Case, Pressure Switch and flex.
Charged £45.00!

Has now gone wrong again ... Returned to same place .... Charged £69.00 repair cost to mend whatever was wrong.

They phoned to say there was a hole in the water tank and would replace as soon as part came in.

They called and left message today saying the iron should be back on Monday.

What do you think?


Matty

Matty,

Unfortunately, your friend should not have returned the iron to Domestic Home Appliances at the beginning.

I would suggest a visit to the retailer asking for the repair to be carrried out free of charge and pointing out they have failed to give the customer their statutory rights under the Sale of Goods Act. It is also worth pointing out that if the iron fails again your friend will expect a refund or replacement.

If there is no joy with the retailer write, recorded delivery, to the head office.

As the iron will presumably be working when it is returned, it is difficult to suggest a successful claim in the Small Claims Court for anything other than the cost of repairs. This may be a good idea bearing in mind the large repair bills incurred.

Your friend is also outside the period where she can claim an inherrent fault in the iron without having to prove it. the onus is on her to prove an inherrent fault - not an easy thing.

Irrespective of the action your friend takes, she should write to the retailer, keeping a copy, pointing out that if a further problem occurs she will sue for a replacement or refund.

Hope this helps.

Regards,
Art.

mazz1953

mazz1953 wrote:

On Monday, I bought two 15" LCD monitors from Comet but one is faulty and I am going to return it tomorrow. While I don't anticipate any problems in getting a refund or an exchange, I wonder if I am entitled to have my travel costs refunded.
The Comet store is in a out-of-town centre and is about 15-20 minutes drive from my home and this will incur the cost of driving the car there and back. As I am returning faulty goods, I don't feel that I should be out of pocket over this and that I should get something towards my petrol etc.
How do I approach the store about this? I would feel in a stronger position if I knew what I was entitled to, so if anyone has any advice and ideas, I would be most grateful.

Thanks
mazz1953

Sorry Everyone,

I now feel such an idiot for the original posting. Just before getting ready to return the monitor, I decided to give one more try and I found out it wasn't faulty at all.
Turns out one of the display settings was wrong and this caused the colour to be glaringly bright and orangy. Once I put it on a different setting it worked perfectly well, so I didn't need to return it.

I would like to thank everyone for their help and advice and this should prove useful for the future.

mazz1953

jays_2

Art wrote:

If you want to give them one last chance give them a week. Tell them that if it isn't back in full working order in that time you will sue them. Alternatively, you could go straight to the Small Claims Court.

Keep a record of all your dealings with Argos, it will be useful for the court.

Regards,
Art.

UPDATE
Received letter to confirm the phone call Argos made to us. Just simply states sincere apologies for problems we have had but confirms item will need to be sent away to identify problem. Worst thing is she has not quoted a timescale in her letter, as she did verbally to me. Doesnt seem like they intend to move on this. Am I right in thinking that if I can get them to quote a timescale in writing then if they break this , they have broken their contract with us? This is roughly what Trading Standards told me. Somehow I dont think I will get this in writing. Although I do not wish to send this away I certainly wouldnt do without an idea of time. they could take weeks!

Art_2

jays wrote:

UPDATE
Received letter to confirm the phone call Argos made to us. Just simply states sincere apologies for problems we have had but confirms item will need to be sent away to identify problem. Worst thing is she has not quoted a timescale in her letter, as she did verbally to me. Doesnt seem like they intend to move on this. Am I right in thinking that if I can get them to quote a timescale in writing then if they break this , they have broken their contract with us? This is roughly what Trading Standards told me. Somehow I dont think I will get this in writing. Although I do not wish to send this away I certainly wouldnt do without an idea of time. they could take weeks!

Yes, if a time line is quoted it becomes part of the contract. The legal expression is 'Time is of the essence'

It looks like Argos are playing with you on this one. I assume you have a contact number for the person who wrote to you. Phone her and ask her to email you with a deadline for the repair. If she refuses simply thank her for her help and tell her you will go straight to the Small Claims Court.

If you look at the earlier posts in this thread ( #497-500) you will see the success that Shaggy had against Argos. You will have the same result.

Regards,
Art.

Art_2

mazz1953 wrote:

Sorry Everyone,

I now feel such an idiot for the original posting. Just before getting ready to return the monitor, I decided to give one more try and I found out it wasn't faulty at all.
Turns out one of the display settings was wrong and this caused the colour to be glaringly bright and orangy. Once I put it on a different setting it worked perfectly well, so I didn't need to return it.

I would like to thank everyone for their help and advice and this should prove useful for the future.

mazz1953

No worries, it happens to us all.

Regards,
Art.

newbshr

This follows on from posting 461 regarding a cable from dabs.com

I wrote to the Managing Director (who turns out to be the Corporate Sales Director), Mr Daryl Platt. Sent the letter recorded post with my email address yesterday, and have had email from him refunding the purchase price and delivery charge for the item. He apologised for the response from the customer service people.

Have also noticed that there is a blog about dabs.com. Makes interesting reading. However, I am impressed by their fast response in this.

So many thanks, Art, for your help in this - a great result!

Art_2

newbshr wrote:

This follows on from posting 461 regarding a cable from dabs.com

I wrote to the Managing Director (who turns out to be the Corporate Sales Director), Mr Daryl Platt. Sent the letter recorded post with my email address yesterday, and have had email from him refunding the purchase price and delivery charge for the item. He apologised for the response from the customer service people.

Have also noticed that there is a blog about dabs.com. Makes interesting reading. However, I am impressed by their fast response in this.

So many thanks, Art, for your help in this - a great result!

Good to hear you've got a result!! Thanks also for the feedback, it's always good to hear the outcome of a problem.

Regards,
Art.