Consumer Rights: MoneySavingExpert.com discussion

Art_2

cooder1955 wrote: »

bought a camcorder at jessops to use on hols in usa tour 2 days before we went,got there camera would not read discs completely useless.got home found in box gaurantee ,serial number of camera and adress of someone on merseyside obviously returned faulty, had a full refund of £249.called jessops head office they said it was a managers special and offered £40 in vouchers compo ,got in touch with trading standards about small claims court gave me details of what to do ,i was sold this as working jessops told me court action would be won by them as it was managers special all ican do is go for consequential damages at court and rely on a sympathetic judge,and travel to court at leicester i live in paignton dev,does anyone have any advice do i have a chance of beating them,we saved 2 years for this holiday with granddaughter and wife will never be able to do it again .thanks for replys

You are fully entitled to a working product. Tell Jessops you will give them 14 days to sort out the problem or you will go to the Small Claims Court. Once this time is up don't give them any more time. Make sure they understand you bought a 'new' product and you haven't received one.

You do not have to go to a court in Leicester. You can select a court convenient to you and it is up to the retailer to attend if he wants to defend the case. There are circumstances where they can request a change of venue but not simply to inconvenience you.

Regards,
Art.

Mark-W_2

Can anyone tell me where i stand?

i purchased a cooker form Currys on 21/01/2007 and i only just started fitting the kitchen and discovered the cooker was damaged.
Currys insist that it is in their T&C's that all goods must be reported damaged within 48hrs, and they refuse to issue a replacement or refund.
it was delivered on the 03/02/2007.
I've looked at my barclaycard benefits and they sate 90 days from purchase, to complain about damaged goods.

I've looked at my home insurance and i dont appear to be covered for accidental damage (my mistake)

Am i totally screwed?

Thanks.

Art_2

Mark-W wrote: »

Can anyone tell me where i stand?

i purchased a cooker form Currys on 21/01/2007 and i only just started fitting the kitchen and discovered the cooker was damaged.
Currys insist that it is in their T&C's that all goods must be reported damaged within 48hrs, and they refuse to issue a replacement or refund.
it was delivered on the 03/02/2007.
I've looked at my barclaycard benefits and they sate 90 days from purchase, to complain about damaged goods.

I've looked at my home insurance and i dont appear to be covered for accidental damage (my mistake)

Am i totally screwed?

Thanks.

No you're not totally screwed.

Write to Currys Head Office, recorded delivery, telling them that the goods were damaged and you expect them to be replaced under the Sale of Goods Act. Tell them if you do not get a satisfactory reply within 10 days you will take out a summons in the Small Claims Court.

If you paid using a Barclaycard they are equally responsible so copy them in on the correspondence to Currys.

Address your letter to Currys at:
DSG plc.
Hemel Hempstead,
HP3 9QN

Mark it for the personal attention of their chief executive John Clare.

Regards,
Art.

Mark-W_2

Art,

Thanks, i will draw up a letter now, and get it posted tomorrow.

The CS manager, was quite rude he insisted that under the T&C on the website that i stated 48hrs to check an item, however i printed them out at the time and stil have the dated copy and nowhere does it state a time frame for checking for damaged goods.

SuperNashwan

It wouldn't matter if it did, within the first six months any fault is taken to have been present at the time of sale unless they can prove otherwise, and statute prevents you from agreeing to limit your consumer rights in the way they've suggested.

Miss_Daisy_3

I bought a plasma TV from Ebuyer in February 2006 on my credit card. Now, in May 2007 (15 Mths after purchase), it has developed a fault and there is no picture.

I don't think it had an extended warranty so can only assume the usual warranty only covered the TV for 12 mths.

Do i have any comeback? Its very frustrating when something packs up only months after the warranty, it's as if they are made to only last so long

All help gratefully recieved :j

Art_2

Miss_Daisy wrote: »

I bought a plasma TV from Ebuyer in February 2006 on my credit card. Now, in May 2007 (15 Mths after purchase), it has developed a fault and there is no picture.

I don't think it had an extended warranty so can only assume the usual warranty only covered the TV for 12 mths.

Do i have any comeback? Its very frustrating when something packs up only months after the warranty, it's as if they are made to only last so long

All help gratefully recieved :j

You have rights under the Sale of Goods Act. A product is expected to perform for a 'reasonable time'. The term 'reasonable time' isn't defined as it will vary from product to product and also by the amount of use the product has had.

It is not reasonable to expect an expensive item like a plasma TV to stop working after 15 months.

Write to the retailer, recorded delivery, and tell them that they are liable under the Sale of Goods Act as it is not reasonable for the product to fail within 15 months. As you paid by credit card copy the card company in on the letter and tell them they are equally liable.

Give the retailer 10 days to sort out the problem. Tell them that if they refuse you will go to the Small Claims Court. You will win in court.

Remember that the responsibility is on the retailer and do not be put off if they try to refer you to the manufacturer to sort the problem out.

Regards,
Art.

Miss_Daisy_3

Thanks very much Art.:T

As it's Ebuyer i susspect i'll have a fight on my hands but it will be worth it.

Thanks again

Art_2

Miss_Daisy wrote: »

Thanks very much Art.:T

As it's Ebuyer i susspect i'll have a fight on my hands but it will be worth it.

Thanks again

If they won't see reason don't waste time with them -sue them!! Maybe a writ arriving on their desk will focus their minds!!

Regards,
Art.

markasmith

Hi folks,

About 15 months ago I bought a Stoves cooker (600SIDLm if it matters) from Comet. It sat unused for a couple of months (sorting the rest of the kitchen) but very early on when I started using it I noticed a large gap in the gasket at the top of the oven door, which causes a lot of heat to escape. This is quite a problem (aside from efficiency issues) because everything up the front gets hot, my hands included. I assumed it was a feature, albeit an irritating one.

To cut a long story short, I found very recently that this not to be the case - and "Colin" at Stoves customer support confirmed it. But because it's more than a year old they say it's my problem because it could have occurred through wear&tear etc.

I'm a single guy and have used the oven probably 15 times in total (really). Of course I can't prove that, not having kept a diary, but it really is true. And I honestly did notice the hole very early on into using it - probably the second time. There's no "damage" to the gasket.

I don't know how much the gasket costs, or how difficult it is to replace (can I do it myself? Not allowed to dismantle a gas appliance but maybe it doesn't involve dismantling as such, I don't know) but it seems to me that it's clearly a manufacturing fault.

Questions:
Do I have a case? (It does "work" after all!)
Should I take it up with the retailer (the actual branch is no longer there) or the manufacturer?
Can I expect on-site support, or do I have to unplumb the cooker (which I probably can't do - need a CORGI person -> expense), somehow take it to the shop, leave it with them (-> I have no cooker) and so on? If it's relevant, I took it home myself as at that time I had access to a suitable vehicle and it wasn't a problem. Now it is.

Any general advice much appreciated!

Many thanks!
-Mark