Consumer Rights: MoneySavingExpert.com discussion

david0457

Hi

It cost me £6 to return a faulty item. The supplier has agreed to refund the item cost but their terms state the customer must pay returns postage. If I have agreed to this have I negated my rights to be put back into my original state before purchase?

Regards
David

derrick

david0457 wrote: »

Hi

It cost me £6 to return a faulty item. The supplier has agreed to refund the item cost but their terms state the customer must pay returns postage. If I have agreed to this have I negated my rights to be put back into my original state before purchase?

Regards
David

If the goods are faulty it is up to the retailer to pay to have the goods returned:-

"You may be liable for the cost of collecting the goods or the return postage – unless the goods were faulty in the first place."

From HERE

Art_2

david0457 wrote: »

Hi

It cost me £6 to return a faulty item. The supplier has agreed to refund the item cost but their terms state the customer must pay returns postage. If I have agreed to this have I negated my rights to be put back into my original state before purchase?

Regards
David

Under the law the supplier is liable for the return postage but in practical terms is it really worth the hassle in this instance for £6? I would ask him once and then call it a day if he refuses. It could cost you more than £6 in time and effort.

Regards,
Art.

mouthscradle

The other day I've gone to put a replacement ink cartridge into my printer only to find the replacement has leaked inside the packet and is unusable. It is a WHSmith own one, rrp 22.99. I tried to return it to the store today but the manager refused to give me an exchange as I had no receipt. Also, the cartridge was in the old style packaging and he said that as it must therefore have been more than 30 days since I bought it, he couldn't do anything.

I understand the policy of 30 days if you change your mind on a product etc, but in this case the product is quite clearly faulty. I shouldn't need to prove I bought it from smith's, the box has the company name printed all over it. And seeing as the cartridge has no indication of an expiry date or time period that it must be used within, surely the fact that I have only found it to be faulty after more than 30 days is reasonable?

When I found the cartridge was leaking (all over my OH's tshirt :rolleyes:) I stuffed it into the recycling bag that came with it and sealed it inside there and put it back inside it's box. To take it to town today I then put it inside another carrier bag and put it in my bag. When I got there, I found it had still managed to leak and has completely ruined my purse and umbrella, other things in my bag I've just spent half an hour cleaning ink off with baby wipes. So needless to say I'm not too happy right now

Anyone have any advice? I've written a letter of complaint to their customer services, but I would appreciate anybody who can tell me where I stand regarding my rights when an item is faulty. Many thanks

Art_2

mouthscradle wrote: »

The other day I've gone to put a replacement ink cartridge into my printer only to find the replacement has leaked inside the packet and is unusable. It is a WHSmith own one, rrp 22.99. I tried to return it to the store today but the manager refused to give me an exchange as I had no receipt. Also, the cartridge was in the old style packaging and he said that as it must therefore have been more than 30 days since I bought it, he couldn't do anything.

I understand the policy of 30 days if you change your mind on a product etc, but in this case the product is quite clearly faulty. I shouldn't need to prove I bought it from smith's, the box has the company name printed all over it. And seeing as the cartridge has no indication of an expiry date or time period that it must be used within, surely the fact that I have only found it to be faulty after more than 30 days is reasonable?

When I found the cartridge was leaking (all over my OH's tshirt :rolleyes:) I stuffed it into the recycling bag that came with it and sealed it inside there and put it back inside it's box. To take it to town today I then put it inside another carrier bag and put it in my bag. When I got there, I found it had still managed to leak and has completely ruined my purse and umbrella, other things in my bag I've just spent half an hour cleaning ink off with baby wipes. So needless to say I'm not too happy right now

Anyone have any advice? I've written a letter of complaint to their customer services, but I would appreciate anybody who can tell me where I stand regarding my rights when an item is faulty. Many thanks

You are entitled to a replacement or a refund. This is what their customer service should offer you.

As to the damage caused to your property, WHS may offer you something as a goodwill gesture but they are not responsible.

Regards,
Art.

brightonlad_2

Hi, first post so apologies for any mistakes...my issues has been on going for over three months now with Comet so will keep it brief.

- Brought a laptop in Dec 2006, start of May 2007 its wireless adapter failed shortly followed by the mother board.

- Returned to Comet, approx 3 weeks later it arrived back from repair with a new mother board fitted. A few days later the system become slow, it was running XP but was Windows Vista Capable, so I upgraded (as I had already done before the original faults) and it failed to upgrade, upon closer inspection I discovered a fault with the hard drive.

-Returned to Comet for a second time for repair, approx 4 weeks later it arrived back with a new hard drive.

- A few days after that I tried to use a network cable at work to connect to the works network, it failed. Tried at home and still failed.

- Returned to Comet who sent it away again, two weeks later returned with HP saying there was no fault. I argued my case that there was and the manager I spoke to agreed to return it to second level HP support.

- Two more weeks passed, I chased this and found that I had to wait until the manager I had spoke to came back from their holidays and that the laptop was at the store and had been the last two weeks!

- Raised it with the store manager, got my laptop back and tracked down the fault to a faulty hardware component on the ethernet adapter.

After 3 attempts to fix this issue I wanted a refund, they have declined. They have offered to try and repair it again but I have no faith and there has to be a point when enough is enough. The store manager and tech guy in store both acknowledge there is a hardware fault.

I have also since found out that they hadnt sent the laptop back 'when HP couldnt find a fault' at all, so it had been sitting in the stores cupboard for four weeks when it was supposed to be with HP. I had been lied to on two seperate occassions. I have no faith in the company and have given them over three months to repair this item. They refuse to replace it as 'HP wont write it off' and they wont give me a refund. I have chased and been promised phone calls back, never to get them. I have been so stressed by all of this and the lies and complete lack of any service I just find disgusting.

My questions are...am I legally entitled to a refund? What are my chances going through small claims court? And finally does anybody have a name and address for contacting someone at Comet regarding this to serve a written notice of my intensions of going to small claims court, please? Thank you!!

Art_2

brightonlad wrote: »

Hi, first post so apologies for any mistakes...my issues has been on going for over three months now with Comet so will keep it brief.

- Brought a laptop in Dec 2006, start of May 2007 its wireless adapter failed shortly followed by the mother board.

- Returned to Comet, approx 3 weeks later it arrived back from repair with a new mother board fitted. A few days later the system become slow, it was running XP but was Windows Vista Capable, so I upgraded (as I had already done before the original faults) and it failed to upgrade, upon closer inspection I discovered a fault with the hard drive.

-Returned to Comet for a second time for repair, approx 4 weeks later it arrived back with a new hard drive.

- A few days after that I tried to use a network cable at work to connect to the works network, it failed. Tried at home and still failed.

- Returned to Comet who sent it away again, two weeks later returned with HP saying there was no fault. I argued my case that there was and the manager I spoke to agreed to return it to second level HP support.

- Two more weeks passed, I chased this and found that I had to wait until the manager I had spoke to came back from their holidays and that the laptop was at the store and had been the last two weeks!

- Raised it with the store manager, got my laptop back and tracked down the fault to a faulty hardware component on the ethernet adapter.

After 3 attempts to fix this issue I wanted a refund, they have declined. They have offered to try and repair it again but I have no faith and there has to be a point when enough is enough. The store manager and tech guy in store both acknowledge there is a hardware fault.

I have also since found out that they hadnt sent the laptop back 'when HP couldnt find a fault' at all, so it had been sitting in the stores cupboard for four weeks when it was supposed to be with HP. I had been lied to on two seperate occassions. I have no faith in the company and have given them over three months to repair this item. They refuse to replace it as 'HP wont write it off' and they wont give me a refund. I have chased and been promised phone calls back, never to get them. I have been so stressed by all of this and the lies and complete lack of any service I just find disgusting.

My questions are...am I legally entitled to a refund? What are my chances going through small claims court? And finally does anybody have a name and address for contacting someone at Comet regarding this to serve a written notice of my intensions of going to small claims court, please? Thank you!!

Yes, you are entitled to a refund and you would win your case in the Small Claims Court.

Write to the head office, recorded delivery, and lay out all the facts you have given us here. State that the computer has an inherent fault and under the Sale of Goods Act you want a full refund. Tell them that if they haven't dealt with your complaint within 7 days you will go to the Small Claims Court.

Write to:

Hugh Harvey MD.,
Comet Group plc.
Comet House,
Three Rivers Court,
Rickmansworth,
Herts WD3 1FX

Regards,
Art.

Matty007

Not really getting too far with PC World regarding my faulty PC.

I have e-mailed the problem and details of the purchase and the fault etc.

Seem to be getting copy e-mails from different 'Customer Care Representatives' :rotfl:

I really do not think that this is delaying tac tics, its just getting lost in the system of their intial responses to any faulty good's.

It is however becoming a real inconvenience to me and my family that although we can access a spare laptop we just do not seem to be proceeding very quickly.

Would you advise that now is the time that I write to the Head Office ?

The problem is that althought they have asked for a quote from a PC specialist for a repair to the fault, the Philips Unit does not have standard parts and my PC specialists do not really want to know.

I assume it reasonable for a PC World engineer to invetsigate this fault.

What do you reckon ART ??

Cheers
Matty

CDB_2

Originally Posted by CDB
Is it OK to mention the independant engineer and include his estimate when I write to Comet, or would that affect any potentiall claim against them, if they say for example you should have brought it straight to us.
I didn't know at the time of the fault appearing that I could claim against them for repairs under the sale of goods act.:o

As it was only a report and not a repair there should be no problem. Tell them that you have had an independent report which shows the faulty component and as this should not have failed in the time it has you look to them to repair it for you. Then tell them of your intentions to go to the SCC if they do not deal with the matter.

If you have to go to court you can ask for the cost of the report as part of your claim.

Regards,
Art.

Just to update My failed Plasma Screen after 28months thread

I wrote to Comet quoting the sale of goods act and claimed against them with regards to "Durability" of the TV, or rather lack of it.

Comet passed me on to their service department and they gave me 2 options:-
1) Have the TV repaired at a discounted rate (35%) due to it's age (would still have cost me well over £300)
2) pay a £75 labour charge (that's what the called it) and get a like for like replacement.

Obviously I chose no2. As they didn't have a TV to a similar spec and price, I chose a Toshiba 42 LCD TV and also got a PS3 with extra games and controller, HDMI lead and bluray r/c all for £110 more than the price of the Philips 37" plasma I replaced.


Thank you Comet.

Art_2

CDB wrote: »

Just to update My failed Plasma Screen after 28months thread

I wrote to Comet quoting the sale of goods act and claimed against them with regards to "Durability" of the TV, or rather lack of it.

Comet passed me on to their service department and they gave me 2 options:-
1) Have the TV repaired at a discounted rate (35%) due to it's age (would still have cost me well over £300)
2) pay a £75 labour charge (that's what the called it) and get a like for like replacement.

Obviously I chose no2. As they didn't have a TV to a similar spec and price, I chose a Toshiba 42 LCD TV and also got a PS3 with extra games and controller, HDMI lead and bluray r/c all for £110 more than the price of the Philips 37" plasma I replaced.


Thank you Comet.

More than one way to skin a cat as they say. You seem to have got a good result. It pays to persevere. Thanks for the update.

Regards,
Art.