Consumer Rights: MoneySavingExpert.com discussion

Victors_Bruvver

Art wrote: »

Write to their head office stating the faults and tell them that under the Sale of Goods Act you are rejecting the goods as being unfit for the purpose intended. Tell them you want a refund and if the matter isn't dealt with within 10 days you will sue in the Small Claims Court.

This may bring them to their senses and get you the repair you are entitled to. As you are finding other problems it may be better to demand a refund but that is up to you.

If they do not respond satisfactorily in the 10 days take them to the Small Claims Court.

Send your letter recorded delivery.

Regards,
Art.

Thanks Art, I shall just try and stick with getting them to come & fix the problem although all I have been getting in return is the same response "it is company policy & we will not visit until you pay us a £50.00 deposit, refundable if we find the fault is ours".
I will however pen a letter to them again claiming that the goods are not ft for purpose etc but if it does mean that when I go to the small claims court do I have to get an estimate of cost of repair (& for the inconvenience) so that there is a definitive value to the claim or can you just go along explain the problem and let them decide the costs of repair or replacement?

Art_2

Victors_Bruvver wrote: »

Thanks Art, I shall just try and stick with getting them to come & fix the problem although all I have been getting in return is the same response "it is company policy & we will not visit until you pay us a £50.00 deposit, refundable if we find the fault is ours".
I will however pen a letter to them again claiming that the goods are not ft for purpose etc but if it does mean that when I go to the small claims court do I have to get an estimate of cost of repair (& for the inconvenience) so that there is a definitive value to the claim or can you just go along explain the problem and let them decide the costs of repair or replacement?

You will need to quantify your claim but you can do this by making some educated estimates. If you are wrong the company will soon tell you. Make sure you over rather than under estimate and allow the court to adjust your claim if need be. Also for inconvenience include phone calls, letters and any other out-of-pocket costs you have incurred. Once again the court will adjust your figure if they think you are asking for too much.

Regards,
Art.

Art_2

jap220171 wrote: »

I seem to be going round in circles with this, so I wondered if anyone out there could offer a different perspective on how to resolve it.

I bought a new kitchen about April time, and because of advice I had read on this site, paid for it on credit card. The kitchen was fitted in May, and since then we have had multiple problems with the kitchen as fitted. To be fair the suppliers have been good and repaired or replaced the items that they could. However, the main problem is that they mis-measured and so we are left with an open "tray-space" where we should have had a small cupboard. During the initial planning stage we were quite clear that we wanted no open spaces, as they are dirt traps, but this has now been forced on us as they measured the length of the wall wrongly. There were other problems with them not sticking to our instructions and some of the cabinets are finished to a poor quality.

We have complained to them and got no-where, and so I complained to Natwest Credit Card Services and told them that under the Consumer Credit Act they were jointly liable and asked them to sort it. They told me that they can only get involved if I get a second opinion in writing from a rival Kitchen company. However, obtaining a second opinion is proving very difficult, and if I can find another company that will do it, there will no doubt be a charge for it. I am loathe to fork out more cash without any guarantee that this will help.

My view is that Natwest are being unreasonable in refusing to consider a complaint without a second opinion in writing, but perhaps I am too involved in this to see with proper perspective. I am at the stage where I am just considering letting them get away with it, but I don't feel that this is right.

Any help? Any suggestions on what I should try next?

If I were you I would write to the company informing them that the goods are not as ordered and you are rejecting them. Tell them you are prepared to have the matter corrected to your satisfaction but if they have not dealt with this in 10 days you will refer it to the Small Claims Court. This should get you some action.

As for Nat West they are wrong. Tell them the goods are not as ordered and you want them to reimburse you the cost.

Regards,
Art.

spinningsheep

Hiya, just a question. I work for a UK Mobile phone network in the high street stores. Our policy if a handset is faulty, I feel, is wrong, but obviously I have to adheer to that policy as laid down by the network, I simply have to follow the rules, I do not make them!

We say that a customer has 14 days to change their minds on a product ie swap it or have a refund/cancel their airtime agreement.

We say that if something develops a fault within 28 days (1 year for an accessory) we will replace it, for the same product, not a different model.

We say that the customer has a 1 year manufacturers warranty from date of purchase (18 months in the case of an 18 month contract) agaist mechanical breakdown, which excludes physical or liquid damages, and that this warranty is provided by the manufacturer, and the networks appointed repair agent then bill the manufacturer for the repair.

We get customers in all the time who go on and on about the sales of goods act 1979, but we simply have to refer them to our policy, which states they can have a repair. Am I right in thinking that WE as the retailer are in fact responsible for the product's replacement if found to be faulty?

Obviously a large company would make sure its policies are water tight and legal, but I cant say to a customer " yes love I agree you should get a new one/refund but I cant give it to you as the company say no".

So for clarification..........are they breaking the law or not?

nurbz

Hello,

I've got a simple question. I bought something on the internet (a wall mount for LCD TV), I have received it, opened it, but I have not installed it. And now I changed my mind, I do not want it, and would like to return it. But the information on the website said that I cannot get a refund after 7 days. It's been 13 days now. I thought I could return unwanted product within a month. Is that so? Does someone know the law on that subject? Or somehwere I can find some more information on it?

Thanks in advance

Alexis

Art_2

spinningsheep wrote: »

Hiya, just a question. I work for a UK Mobile phone network in the high street stores. Our policy if a handset is faulty, I feel, is wrong, but obviously I have to adheer to that policy as laid down by the network, I simply have to follow the rules, I do not make them!

We say that a customer has 14 days to change their minds on a product ie swap it or have a refund/cancel their airtime agreement.

We say that if something develops a fault within 28 days (1 year for an accessory) we will replace it, for the same product, not a different model.

We say that the customer has a 1 year manufacturers warranty from date of purchase (18 months in the case of an 18 month contract) agaist mechanical breakdown, which excludes physical or liquid damages, and that this warranty is provided by the manufacturer, and the networks appointed repair agent then bill the manufacturer for the repair.

We get customers in all the time who go on and on about the sales of goods act 1979, but we simply have to refer them to our policy, which states they can have a repair. Am I right in thinking that WE as the retailer are in fact responsible for the product's replacement if found to be faulty?

Obviously a large company would make sure its policies are water tight and legal, but I cant say to a customer " yes love I agree you should get a new one/refund but I cant give it to you as the company say no".

So for clarification..........are they breaking the law or not?

The responsibility is with the retailer and not the manufacturer. Some retailers have arrangements with manufacturers to deal with faulty products but under the Sale of Goods Act it is the retailer who is liable to the customer.

Many retailers try to pass the responsibility to the manufacturer but if a customer went to court he would win the case. It possibly needs a retailer to be taken to court to get them to honour their responsibility under the law.

Regards,
Art.

Art_2

nurbz wrote: »

Hello,

I've got a simple question. I bought something on the internet (a wall mount for LCD TV), I have received it, opened it, but I have not installed it. And now I changed my mind, I do not want it, and would like to return it. But the information on the website said that I cannot get a refund after 7 days. It's been 13 days now. I thought I could return unwanted product within a month. Is that so? Does someone know the law on that subject? Or somehwere I can find some more information on it?

Thanks in advance

Alexis

If you have simply changed your mind the retailer is not obliged to take the item back.

Regards,
Art.

deanos

Art wrote: »

If you have simply changed your mind the retailer is not obliged to take the item back.

Regards,
Art.

If its bought on the internet the retailer is obliged to take an item back under the distance selling regulations, however this is only 7 days from delivery of the goods and as the op has had it 13 days he cant return it.

http://www.out-law.com/page-430

Art_2

deanos wrote: »

If its bought on the internet the retailer is obliged to take an item back under the distance selling regulations, however this is only 7 days from delivery of the goods and as the op has had it 13 days he cant return it.

http://www.out-law.com/page-430

I am aware of the Distance Selling Regs but he is outside the time frame and therefore my original statement applies - the retailer is not obliged to take the goods back simply because he has changed his mind.

Regards,
Art.

deanos

Art wrote: »

I am aware of the Distance Selling Regs but he is outside the time frame and therefore my original statement applies - the retailer is not obliged to take the goods back simply because he has changed his mind.

Regards,
Art.

I was replying to your original statement which was not very clear , which said you cant sent someting back if you changed your mind , you can when ordeing over the internet, the OP thought it was a month but as i pointed out out 7 days.