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Consumer Rights: MoneySavingExpert.com discussion

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  • Art_2
    Art_2 Posts: 1,602 Forumite
    Nex0 wrote: »
    Good idea thanks.

    For the sake of writing another letter and a couple of quid to send it recorded it could pay dividends in the end by helping speed the who situation up.

    £30 is nothing as far as I'm concerned to get this sorted as they 10x that new as if it did go to a small claims court id ask for it back.

    Also keep a log of all your expenses that you have run up in trying to sort this out - phone calls, letters etc. These can all be added to your claim.

    Regards,
    Art.
  • Nex0
    Nex0 Posts: 913 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Well they received there letter today so lets see if I get the response I'm looking for in the next 14 days or I will have to go to stage 2.
  • Malcmandy
    Malcmandy Posts: 90 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    My OH took his deceased father's signet ring into a local jeweller's to be mended with the intention of giving it to our new grandson. He explained the sentimental value to the jeweller. The jeweller cannot now find the ring !
    He has offered a cover note to purchase something else in his shop, but there isn't anything there that we want as a replacement.
    We have asked for the money instead in order that we can purchase something else that would have sentimental memories. However the jeweller has refused.
    This has now been going on for a year, as he gave us a run around for a long time.
    Should we go to the Small Claims Court? Would we have a case to demand the same amount of money that he offered as a cover note ?
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Malcmandy wrote: »
    My OH took his deceased father's signet ring into a local jeweller's to be mended with the intention of giving it to our new grandson. He explained the sentimental value to the jeweller. The jeweller cannot now find the ring !
    He has offered a cover note to purchase something else in his shop, but there isn't anything there that we want as a replacement.
    We have asked for the money instead in order that we can purchase something else that would have sentimental memories. However the jeweller has refused.
    This has now been going on for a year, as he gave us a run around for a long time.
    Should we go to the Small Claims Court? Would we have a case to demand the same amount of money that he offered as a cover note ?

    There are a number of things you can do here. The jeweller will carry insurance and he should make a claim on his policy. Alternatively you could claim on your own household insurance if you have 'all risks'.

    If you don't want to go down this track write to the jeweller and tell him if he doesn't produce the ring or settle with you for £xxx you will go to the Small Claims Court. I assume you are able to provide independent proof of value for the ring.

    Give the jeweller 10 days and then go to court if he hasn't sorted it out to your satisfaction.

    Regards,Art.
  • Malcmandy
    Malcmandy Posts: 90 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanx Art. We don't have a value for the ring, and are going on the amount that the Jeweller offered as a cover note. I don't see why we should lose our no claims on our insurance, and would prefer the Small Claims route claiming the same value as the cover note. We would cite the sentimental value and the 'loss of enjoyment of contract', plus negligence . Is this reasonable ?
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Malcmandy wrote: »
    Thanx Art. We don't have a value for the ring, and are going on the amount that the Jeweller offered as a cover note. I don't see why we should lose our no claims on our insurance, and would prefer the Small Claims route claiming the same value as the cover note. We would cite the sentimental value and the 'loss of enjoyment of contract', plus negligence . Is this reasonable ?

    Yes, this is more than reasonable. Your claim in the Small Claims Court should include all these factors. The court will look at it and decide if it is reasonable and make any adjustment that they feel necessary.

    Regards,
    Art.
  • Malcmandy
    Malcmandy Posts: 90 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanx again. I will post the eventual result.
  • tyypo
    tyypo Posts: 2 Newbie
    I ordered online some memory which did not work in my computer. I called up to return the memory, but I was told that it could not be returned as the seal had been broken. Now I can understand with CDs or DVDs that you could simply open, copy and return them, which is why returns are not required to be accepted - but does this extend to electronics?

    The consumerdirect website says you can't cancel when

    "You have opened sealed software, CDs, DVDs etc."

    Should I have been able to return the memory? Can I do so with other seal-broken electronic goods?

    Thanks
  • Art_2
    Art_2 Posts: 1,602 Forumite
    tyypo wrote: »
    I ordered online some memory which did not work in my computer. I called up to return the memory, but I was told that it could not be returned as the seal had been broken. Now I can understand with CDs or DVDs that you could simply open, copy and return them, which is why returns are not required to be accepted - but does this extend to electronics?

    The consumerdirect website says you can't cancel when

    "You have opened sealed software, CDs, DVDs etc."

    Should I have been able to return the memory? Can I do so with other seal-broken electronic goods?

    Thanks

    It's a bit harsh in this case as there isn't much you could have done with the memory once you opened it.



    I suspect the seller is using the 'opened box' as a catch-all in this instance.

    Who did you buy it from?

    Why didn't the memory work in your computer? How much did it cost you?

    Regards,
    Art.
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    is the memory compatable with you motherboard, did you check before buying ?
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