Consumer Rights: MoneySavingExpert.com discussion

musey

deanos wrote: »

Just take it back to a store if you have one nearby, they will give you a refund without problem, you can return items to a store bought on the internet :beer:

Problem is, is that it's 16 days out of it's 12 months Mnfctrs guarantee period. I bought it in June 2006

deanos

Didnt see the date :rolleyes:

Art_2

musey wrote: »

Hi All

Just after a bit of advice on how to proceed.

I bought a recordable DVD player from Tesco.com 09/06/06 it has been playing up for a few days but finally gave up the ghost yesterday and will not recognise any discs (pre-recorded or home recorded/old or new) so having read the info on this thread I contacted Tesco & requested they sort it out as per Sale of Goods Act. I purchased the DVD player using my "Egg Money" card. Tesco were particulary unhelpful, :mad: after 1½ hours & 6 phonecalls I got through to someone who said they would send out an "OPT form" (I think sthats what she called it) that I need to submit to Head Office in Dundee. Upon receining that Tesco will make a decision on what to do.

1. Should I send a copy of the form to Egg as well under cover of a letter that I want their help in sorting it out?

2. Would it be advisable to complete & return the form with a letter laying out what I expect from them?

3. What can I reasonabley request from them? Ideally I would like a refund or replacement so as not to be without a dvd player for any length of time.

Thanks in advance.

You have two clear choices here. If you want a replacement you are entitled to one under the Sale of Goods Act.

If you want your money back you are equally entitled to demand it under the same act.

Decide which option you want and write to Tesco, recorded delivery. Tell them that under the Sale of Goods Act you are rejecting the player and you want option 1 or 2. Tell them that if the matter isn't resolved in 7 days you will go to the Small Claims Court.

By all means fill in their form but make it clear that you are relying on them to deal with your problem under the Sale of Goods Act.

I assume you are asking about copying Egg in on the correspondence to get their help in resolving the problem. For this to be the case your Egg card has to be a Mastercard or a Visa card. Additionally, the player has to have been at least £100 for you to involve the card company. If these conditions are met then involve Egg in your problem.

Regards,
Art.

musey

Art wrote: »

You have two clear choices here. If you want a replacement you are entitled to one under the Sale of Goods Act.

If you want your money back you are equally entitled to demand it under the same act.

Decide which option you want and write to Tesco, recorded delivery. Tell them that under the Sale of Goods Act you are rejecting the player and you want option 1 or 2. Tell them that if the matter isn't resolved in 7 days you will go to the Small Claims Court.

By all means fill in their form but make it clear that you are relying on them to deal with your problem under the Sale of Goods Act.

I assume you are asking about copying Egg in on the correspondence to get their help in resolving the problem. For this to be the case your Egg card has to be a Mastercard or a Visa card. Additionally, the player has to have been at least £100 for you to involve the card company. If these conditions are met then involve Egg in your problem.

Regards,
Art.

Thanks Art I would really like my money back as I would prefer a "non-recordable" dvd player as I now have sky plus. I shall write to them & ask for a refund. Is there a link to the Sale of Goods Act so I can quote the correct wording?

My Egg Card is a Visa card but as the purchase was sub £100 I guess copying them in is pointless?

Cheers

Musey

Art_2

musey wrote: »

Thanks Art I would really like my money back as I would prefer a "non-recordable" dvd player as I now have sky plus. I shall write to them & ask for a refund. Is there a link to the Sale of Goods Act so I can quote the correct wording?

My Egg Card is a Visa card but as the purchase was sub £100 I guess copying them in is pointless?

Cheers

Musey

Yes you're right, it's pointless involving Egg in this matter.

When dealing with Tesco simply tell them that the item is not fit for purpose and under the Sale of Goods Act you want a replacement or refund.

As you have had this item for over a year Tesco may not refund to you but simply offer a replacement. In view of the time scale they may be right to do so in the eyes of a court. Take the replacement and see if at this point you can persuade them to let you have a different product.

Tesco is normally good at dealing with customers so I hope you will get this resolved quickly.

Regards,
Art.

musey

I have written to Tesco using a template letter I found on the consumer direct webiste, I amended it slightly to suit my circumstances & will post back as & when I get a response.

Mark-W_2

Art,

not sure that you will remember my case but I purchased a cooker from curry's that was damaged upon opening, but I failed to open it within 28 days and curry’s refuse to give a refund/replacement.

I spoke to Barclaycard who assured me I had a case and that they would take over the “negotiations” with curry’s on my behalf.
However this week I received a letter from Barclays stating that the could no longer act as intermediary as the curry’s T&C’s stated that they would only refund/replace within 28 days of purchase.

“If there is a fault with your product within the applicable product guarantee period (normally 12 months from delivery) or other defect with your order, we will normally offer a prompt repair service. You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault.”

On the 12th of June after weeks of speaking to Barclaycard and Curry’s I sent a formal letter by recorded delivery stating that under the sale of goods act that I was entitled to refund/replacement and giving 10 days to reply or I would take them to the small claims court..
I know that they have received my letter, and they say they responded on the 22nd June, but as of yet I have failed to receive this letter.
They refuse to tell me what the letter said and say they will post an additional copy. But with the postal strike, and most of my surrounding area being flooded it looks very unlikely that I will ever receive it.
Yet they still refuse to do anything about it.

I am at my wits end with them, any idea what my next course of action should be?

If I try to start a case at the small claims I think it will fail.
I would accept them coming to repair it, but I don’t think they will.

Art_2

Mark-W wrote: »

Art,

not sure that you will remember my case but I purchased a cooker from curry's that was damaged upon opening, but I failed to open it within 28 days and curry’s refuse to give a refund/replacement.

I spoke to Barclaycard who assured me I had a case and that they would take over the “negotiations” with curry’s on my behalf.
However this week I received a letter from Barclays stating that the could no longer act as intermediary as the curry’s T&C’s stated that they would only refund/replace within 28 days of purchase.

“If there is a fault with your product within the applicable product guarantee period (normally 12 months from delivery) or other defect with your order, we will normally offer a prompt repair service. You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault.”

On the 12th of June after weeks of speaking to Barclaycard and Curry’s I sent a formal letter by recorded delivery stating that under the sale of goods act that I was entitled to refund/replacement and giving 10 days to reply or I would take them to the small claims court..
I know that they have received my letter, and they say they responded on the 22nd June, but as of yet I have failed to receive this letter.
They refuse to tell me what the letter said and say they will post an additional copy. But with the postal strike, and most of my surrounding area being flooded it looks very unlikely that I will ever receive it.
Yet they still refuse to do anything about it.

I am at my wits end with them, any idea what my next course of action should be?

If I try to start a case at the small claims I think it will fail.
I would accept them coming to repair it, but I don’t think they will.

Best to see what they say in their letter before deciding on further action. In view of the postal strike and the floods can you ask them to either email or fax a copy of the letter to you.

From what I remember this cooker was an expensive item. If the letter doesn't offer a satisfactory solution I think a visit to the Small Claims Court may help.

Regards,
Art.

Mark-W_2

Thanks Art,
i have asked them to either fax it or email, but they say that as there is no way of confirming that a fax number or email specifically belong to me they are legal unable to do so.

i think i wil ljust have to wait for the snail mail to arrive, if it ever does!

MrBaldman

Hi there,

2 weeks ago i downloaded a product from the Xbox Live Marketplace on my xbox 360, the cost for the game was roughly £7.95.

On wednesday my xbox 360 became faulty and it had to be returned to the shop where i bought it. The shop gave me a full replacement.

Because of this, the product that i bought and downloaded from the Microsoft Xbox Live Marketplace has to be re-downloaded onto my new console (as it is not transferrable from one console to another).

However, Microsoft are claiming that i must pay again, as it is "not in their policy" to compensate users of their console (and live service) who have had their console replaced/fixed by means other than returning it to them.

So effectively - because the shop replaced my console instead of sending it off to microsoft, i lose out!

How can this be right?

I have one of their supervisors calling me within 72 hours and i need to be sure where i stand as they are claiming that the 'sale of goods act' does not apply in this scenario (as i suggested it did).

Can it really be fair to make me pay again when it is their product that went faulty and caused me to lose the game in the first place?