Consumer Rights: MoneySavingExpert.com discussion

Art_2

MrBaldman wrote: »

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?

Microsoft is not responsible for the software. They have honoured their contract is supplying the download. The responsibility rests with the shop and they should compensate you.

Regards,
Art.

ANNIEHAHA

Hi everyone I bought a laptop from pc world 15 months ago and the main circuit board is not working.I took it back to the store and was quoted the warrenty act.they said they would repair it but I am not happy with this as I dont know how long it will last again. They also said to take it up with avent the computer make is there anything I can do?

ANNIEHAHA

My other problem is with a ford transit van bought aug 2003.the EGR valve was first replaced under warrenty at 22,000 miles 15/06/04.It went again on 15/11/05 31,000 miles and 1/11/06 57,000 miles -we recieved 70% discount on the last two sfter many calls to customer services.
On 13/2/07 two fuel injectors were replaced that customer services have no record of ! and then the third went on 26/2/07 which we recieved 70% discount again now it is booked in as the light is back on for the fuel injector

ANNIEHAHA

Customer services have been a pain we have constantly been ringing them ,we put it in writing to customer services, the dealer and head office who forwarded it to customer services.I have quoted the sale of goods act to them and told them we feel the van is unsafe as it loses power when we drive and has put us in danger on several occassions.it is our only transport and we have to put our kids in it.now customer services are ringing us as they want to close the case but I wont allow them.what can i do now!

Art_2

ANNIEHAHA wrote: »

Hi everyone I bought a laptop from pc world 15 months ago and the main circuit board is not working.I took it back to the store and was quoted the warrenty act.they said they would repair it but I am not happy with this as I dont know how long it will last again. They also said to take it up with avent the computer make is there anything I can do?

If they are offering to repair it free of charge I think this is fair. You can't expect a replacement after 15 months.

One thing you can do is confirm in writing that you will accept the repair but if it happens again you will expect them to replace.

Regards,
Art.

CDB_2

Do I have any come back in this case?

I bought a 37" plasma screen TV from Comet in Feb 2005 for around £1250. (It was reduced from £2500 as it was ex-display) I didn't buy an extended warrenty at the time as it was around £500 on top and I couldn't afford it.

At the begining of June this year it developed a fault where by it wouldn't start up.
A local Philips specialist has diagnosed a faulty plasma panel requiring replacement at £646 including labour and VAT.

Obviously I could buy a replacement TV cheaper or for not much more than that. But I don't see why I should have to. The TV has only been in my posession for 28 months before it died.
The TV I'm using as a stand in is almost 20 years old and the Philips tv I gave to my dad (ex display also) when I bought this one is around 10 years old and going strong.

Do I have any course of action under the sale of goods act to claim for either repair or replcament free or at reduced cost as I would expect a TV of this price to last alot longer than 28 months before it suffers from an uneconomical repair. Or is it a case of tough luck it's out of gaurentee?

The engineer told me that the TV was actually made in week 43 of 2003 so it is actually at least 12-14 months older than I thought it might be. I expected it might have been on display for a couple of months at the most.

Thanks for any help.
Carl

batjonesy

I read on the web that EU law states that all electrical items now carry a 2 year guarantee. If this is the case why are many stores still ofering a warrenty after only 12 months?

Art_2

ANNIEHAHA wrote: »

My other problem is with a ford transit van bought aug 2003.the EGR valve was first replaced under warrenty at 22,000 miles 15/06/04.It went again on 15/11/05 31,000 miles and 1/11/06 57,000 miles -we recieved 70% discount on the last two sfter many calls to customer services.
On 13/2/07 two fuel injectors were replaced that customer services have no record of ! and then the third went on 26/2/07 which we recieved 70% discount again now it is booked in as the light is back on for the fuel injector

You didn't say if the vehicle was purchased new or not but I assume so.

Have you written direct to Ford about your problem?

If you have tried all these avenues I would suggest you talk to your local Trading Standards and ask them to help you.

Regards,
Art.

Art_2

CDB wrote: »

Do I have any come back in this case?

I bought a 37" plasma screen TV from Comet in Feb 2005 for around £1250. (It was reduced from £2500 as it was ex-display) I didn't buy an extended warrenty at the time as it was around £500 on top and I couldn't afford it.

At the begining of June this year it developed a fault where by it wouldn't start up.
A local Philips specialist has diagnosed a faulty plasma panel requiring replacement at £646 including labour and VAT.

Obviously I could buy a replacement TV cheaper or for not much more than that. But I don't see why I should have to. The TV has only been in my posession for 28 months before it died.
The TV I'm using as a stand in is almost 20 years old and the Philips tv I gave to my dad (ex display also) when I bought this one is around 10 years old and going strong.

Do I have any course of action under the sale of goods act to claim for either repair or replcament free or at reduced cost as I would expect a TV of this price to last alot longer than 28 months before it suffers from an uneconomical repair. Or is it a case of tough luck it's out of gaurentee?

The engineer told me that the TV was actually made in week 43 of 2003 so it is actually at least 12-14 months older than I thought it might be. I expected it might have been on display for a couple of months at the most.

Thanks for any help.
Carl

Write to Comet and tell them that under the Sale of Goods Act it is unreasonable for a product of this value to fail in the time it has.

Tell them that if they don't agree a free repair within 10 days you will go to the Small Claims Court.

Regards,
Art.

Art_2

batjonesy wrote: »

I read on the web that EU law states that all electrical items now carry a 2 year guarantee. If this is the case why are many stores still ofering a warrenty after only 12 months?

You are right about the EU ruling but under our Sale of Goods Act you have much better cover than that so ignore the EU.

Regards,
Art.