Consumer Rights: MoneySavingExpert.com discussion

Art_2

markasmith wrote: »

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

Yes, you do have a case.

Send a recorded delivery letter to Comet at their head office addressed to their chief executive.

Hugh Harvey,
Comet Group plc
Comet House
Three Rivers Court
Rickmansworth,
Hertfordshire,
WD3 1FX

Outline all the facts you have given us here and tell them that under the Sale of Goods Act you require them to attend to the problem for you. In dealing with this for you they are responsible for any expenses in disconnecting the appliance etc.

If you get the run-a-round go to the Small Claims Court. You have a strong case.

Regards,
Art.

MarkT888

We have just tried to cancel an order (value <£700)for some furniture that is not yet due for delivery. We have been told that their policy is to charge £100 for any amendments/cancellations to any instore order. Is this legal / morally correct or is there anyway of challenging them under consumer rights etc

Any help would be great

Thanks

SuperNashwan

Short answer: no, they're in the "right" at least legally.
If you have a contract you're normally bound to it, so to be able to change it at all is a favour they're doing for you, unless there was some more favourable cancellation policy made known to you before you bought the furniture (as that would then form part of the contract). The only thing I can think of that might help is if they'd added one of those common terms that stated the contract isn't formed until they dispatch the goods, in which case you could simply withdraw your offer for them.

Art_2

MarkT888 wrote: »

We have just tried to cancel an order (value <£700)for some furniture that is not yet due for delivery. We have been told that their policy is to charge £100 for any amendments/cancellations to any instore order. Is this legal / morally correct or is there anyway of challenging them under consumer rights etc

Any help would be great

Thanks

Your situation depends on the circumstances.

Why do you want to cancel the order?

Is the furniture being specially made for you or is it standard production?

Has the supplier broken any of his terms and conditions such as exceeding the delivery date stated when you placed the order?

Is the £100 cancellation fee mentioned on any paperwork they gave you?

Regards,
Art.

MarkT888

The furniture is standard and within their brochures. The stated delivery is 7 weeks which is 3 weeks away. We unfortunately no longer wish to receive delivery (had too long to think about negatives!). This charge is in the small print now we have looked at it, but we believe it to be excessive and disproportionate (15% of order value in our case). It now appears as though we would have been ok if we ordered by phone or internet but M+S have a different cancellation refund policy if you order in store, so perhaps a hard lesson learnt. If you have any advice it would be appreciated as it does seem rather harsh.
Regards
Mark

Art_2

MarkT888 wrote: »

The furniture is standard and within their brochures. The stated delivery is 7 weeks which is 3 weeks away. We unfortunately no longer wish to receive delivery (had too long to think about negatives!). This charge is in the small print now we have looked at it, but we believe it to be excessive and disproportionate (15% of order value in our case). It now appears as though we would have been ok if we ordered by phone or internet but M+S have a different cancellation refund policy if you order in store, so perhaps a hard lesson learnt. If you have any advice it would be appreciated as it does seem rather harsh.
Regards
Mark

Write to:

Stuart Rose,
Marks & Spencer plc.
Waterside House,
35 North Wharf rd.
London W2 1NW

Tell him you wish to cancel and feel that as the goods are of standard production and not yet available the cancellation charge seems disproportionate and ask him to reconsider the charge.

You could challenge the charge in court but it is not clear that you would get anywhere as you have been given the details in writing when you placed the order.

Regards,
Art.

Miss_Daisy_3

Just found this useful article on faulty goods.....

http://money.guardian.co.uk/howtocomplain/story/0,,1738830,00.html

Art_2

Miss_Daisy wrote: »

Just found this useful article on faulty goods.....

http://money.guardian.co.uk/howtocomplain/story/0,,1738830,00.html

An interesting article but nothing earth shattering, particularly if you belong to a group like this one. It's incomplete in a number of areas but it's for Guardian readers after all ;-)

Regards,
Art.

Robothell

Perhaps not the right forum for this question - if not please point me in the right direction.

I recently ordered a Sat Nav from Tesco direct online for £50 (including £5 delivery charge) as past of their bank holiday deals. However, instead of delivering one unit they delivered a box of five. The delivery driver left the box on my doorstep in plain sight but, despite living in a fairly busy area, it thankfully wasn't stolen. Having an overactive conscience, I contacted Tesco and informed them of their mistake, asking them how to proceed. They emailed back telling me to leave the Sat Navs at my local store at my earliest convenience - I checked whether I would need any documentation for the return and was told no.

In the two days that followed a delivery van called at my house. Despite my OH being in both times the driver simply filled in a "we called while you were out....." card and didn't bother to call at the door. My OH contacted the company the first day and asked about the delivery and was told that they were trying to deliver a package to me. The following day I rang up (thinking Tesco had sent me a bunch of flowers or something as a token for my honesty) and was told that they were sent out by Tesco to collect a package rather than deliver one. I cancelled this collection and went to my local Tesco that evening to return the items as I had been asked to do. When I got there, I got a blank stare from the Customer Services manager and was told that I could not return them without the shipping note (which has since been mistakenly thrown out).

I wrote an email back to customer services explaining how annoyed I was at their complete incompetence - first leaving the box in plain view, then sending vans to my house without my consent that don't even have the decency to ring the bell and then giving me false information about the return to my local store! They have written back saying they will send a van at my convenience with 48hrs notice Mon-Fri and if I can't be in on these days to leave the units in a safe place and they'll get them (apparently the doorstep is good enough for deliveries but not for returns).

My dilemma is this. I think the Tesco customer service is awful - I have expended time, money and effort in a bid to correct their mistake. I did the honest thing and now I'm paying for it. Part of me thinks "Screw them, they're not getting the sat navs back and I'll give them to friends", part of me thinks they can have them back if I get compensated for my time and effort and part of me thinks I should just tell them to collect them from my doorstep some day next week and if the units are not there when the driver calls then tough sh*t Tesco!

Does anyone have any pointers for me? I have not been charged for the extra four units and still have them at home. What are my rights here - can I legally keep them without being charged and if not, do I have a right to some sort of remuneration for series of mistakes Tesco have made?

Art_2

Robothell wrote: »

Perhaps not the right forum for this question - if not please point me in the right direction.

I recently ordered a Sat Nav from Tesco direct online for £50 (including £5 delivery charge) as past of their bank holiday deals. However, instead of delivering one unit they delivered a box of five. The delivery driver left the box on my doorstep in plain sight but, despite living in a fairly busy area, it thankfully wasn't stolen. Having an overactive conscience, I contacted Tesco and informed them of their mistake, asking them how to proceed. They emailed back telling me to leave the Sat Navs at my local store at my earliest convenience - I checked whether I would need any documentation for the return and was told no.

In the two days that followed a delivery van called at my house. Despite my OH being in both times the driver simply filled in a "we called while you were out....." card and didn't bother to call at the door. My OH contacted the company the first day and asked about the delivery and was told that they were trying to deliver a package to me. The following day I rang up (thinking Tesco had sent me a bunch of flowers or something as a token for my honesty) and was told that they were sent out by Tesco to collect a package rather than deliver one. I cancelled this collection and went to my local Tesco that evening to return the items as I had been asked to do. When I got there, I got a blank stare from the Customer Services manager and was told that I could not return them without the shipping note (which has since been mistakenly thrown out).

I wrote an email back to customer services explaining how annoyed I was at their complete incompetence - first leaving the box in plain view, then sending vans to my house without my consent that don't even have the decency to ring the bell and then giving me false information about the return to my local store! They have written back saying they will send a van at my convenience with 48hrs notice Mon-Fri and if I can't be in on these days to leave the units in a safe place and they'll get them (apparently the doorstep is good enough for deliveries but not for returns).

My dilemma is this. I think the Tesco customer service is awful - I have expended time, money and effort in a bid to correct their mistake. I did the honest thing and now I'm paying for it. Part of me thinks "Screw them, they're not getting the sat navs back and I'll give them to friends", part of me thinks they can have them back if I get compensated for my time and effort and part of me thinks I should just tell them to collect them from my doorstep some day next week and if the units are not there when the driver calls then tough sh*t Tesco!

Does anyone have any pointers for me? I have not been charged for the extra four units and still have them at home. What are my rights here - can I legally keep them without being charged and if not, do I have a right to some sort of remuneration for series of mistakes Tesco have made?

No, you can't keep them. That would be theft.
Contact Tesco and tell them that the units will be available for collection at a specific time and if they want them back they should ensure they call at this time. Give them an hour's window in which you will be available.

Compensation is a difficult one but if you politely explain the facts to customer service you might get a shopping voucher or something.

Regards,
Art.