Consumer Rights: MoneySavingExpert.com discussion

Art_2

Matty007 wrote: »

Just a quick update to the fault on my 18 month old PC bought from PC World. (£900.00)

To be honest the e-mail route to customer care was as expected....a waste of time.

A Recorded Delivery Letter to Keith Jones the MD, outlining my legal rights as explained on this site was sent a few days ago.

I explained that I expected a repair free of charge as are my legal rights or a Small Claims Court appearance with all associated costs would be the outcome.

Today I received a call from Keith Jones' PA and what a lovely friendly woman she is !!!:A

She has liased with my local store and made an appointment for me to see their 'Senior Technician' and he will look at it and initiate a repair free of charge.

So I remain hopeful, but of course lets see if they find an expensive problem what their action might be....but

It's looking good.....Thanks Art.

Matty007

Hi Matty,

Yes, it is looking good. It pays to stick to your guns and not be put off with the first thing the company tells you.

Regards,
Art.

Art_2

cathodetube wrote: »

Hello again Art,

Thanks for your help. In case I wasn't clear in my last post, do I have to buy the new carpets or just show the first company the price. I printed off the details from the internet and was going to post them to them. I am also going to call CD today.

Are you a solicitor, or a trading standards officer?

Initially you don't have to purchase new rugs but if they agree to compensate you they may ask you to do so.

No, I am not a solicitor or a TS officer. Before retiring I worked in a senior role for a large retailer and had experience dealing with these matters.

Regards,
Art.

cathodetube

Hello again Art
I have just spoken to CD again and had a very confusing conversation. They seemed to think it would be difficult to prove what carpets I had ordered from this shop. When the two carpets were presented to me as the ones I ordered I was shocked as they were totally different. Different patterns, and different colours. I made them unroll them on to the floor and said that no they weren't the ones I ordered. They said they were the only ones they had in the stockroom therefore they must be mine. They promised that someone "who knew about the carpets" would call me and no one did. Then I wrote a letter complaining and was sent the refund minus the ten percent. How much of the onus is on me to prove what I bought? I didn't take a picture of them! as I didn't think they would go missing. I do not have the receipt to hand, however I think they do as they sent me the refund quite quickly after I had written. I paid by Switch. £280. The refund they gave me was £252. To buy equivalent carpets from John Lewis would cost me over £700. Should I ask them to order similar carpets from their supplier even though they no longer stock carpets? My conversation with Consumer Direct led me to believe it would be hard to prove the loss of bargain and it would be up to a judge to decide. The minimum CD said I should get is all the money I paid. The original price of those carpets in that store was approx. £400 each. Definition given by CD- "Loss of bargain resulted out of an inability to do an act as consequence of a non-performance of duties or contract by another person or entity" Can I argue this do you think Art?
Thank you.

Art_2

chrystalheart wrote: »

Hi,

I hope someone can advise me, I bought a dishwasher from Comet which broke down within the first year they tried to repair it on 3 occasions but finally replaced it with a new one as repairs were more costly than the dishwasher.
The new replacement is now 13 months old and has gone totally dead as a dodo! :cool: I contacted them by phone and was told that as it was one month out of warranty I had to pay £75.00 for them to inspect it and if it is a major part that had gone I would still be covered, Obviously I do not want to risk paying £75.00 in case it is not a major part as I am not willing to pay for repair as it only cost £200 in the first place and I am obviously now not confident in that particular model and would rather get a different one.
Surely this comes under not fit for purpose have I any way of getting some compensation or refund, If so which is the best way to go about this?

Thanks in advance for any suggestions

You should argue your case on the grounds of 'reasonability' It is not reasonable to expect an expensive item like a dishwasher to fail after such a short period of time. Demand a free repair or replacement under the Sale of Goods Act.

I don't think you will get far with your local store so a recorded delivery letter to their head office is the best way to go.

Regards,
art.

Art_2

cathodetube wrote: »

Hello again Art
I have just spoken to CD again and had a very confusing conversation. They seemed to think it would be difficult to prove what carpets I had ordered from this shop. When the two carpets were presented to me as the ones I ordered I was shocked as they were totally different. Different patterns, and different colours. I made them unroll them on to the floor and said that no they weren't the ones I ordered. They said they were the only ones they had in the stockroom therefore they must be mine. They promised that someone "who knew about the carpets" would call me and no one did. Then I wrote a letter complaining and was sent the refund minus the ten percent. How much of the onus is on me to prove what I bought? I didn't take a picture of them! as I didn't think they would go missing. I do not have the receipt to hand, however I think they do as they sent me the refund quite quickly after I had written. I paid by Switch. £280. The refund they gave me was £252. To buy equivalent carpets from John Lewis would cost me over £700. Should I ask them to order similar carpets from their supplier even though they no longer stock carpets? My conversation with Consumer Direct led me to believe it would be hard to prove the loss of bargain and it would be up to a judge to decide. The minimum CD said I should get is all the money I paid. The original price of those carpets in that store was approx. £400 each. Definition given by CD- "Loss of bargain resulted out of an inability to do an act as consequence of a non-performance of duties or contract by another person or entity" Can I argue this do you think Art?
Thank you.

To a degree it is your word against the shop's word. It sounds as if they are not going to budge. Your only course of action is the Small Claims Court where both parties can put their case to a judge. Did the receipt give a description of the rugs?

Regards,
Art.

cathodetube

Hello Art,
Thanks for your reply.
I can't remember what is on the receipt. I am going to call the shop and ask them to send me a copy of the receipt. Or I could go in there as they are not far from me. They must have a copy of the receipt as they would have used it in order to send me the refund. If there isn't a description then where does that leave me? Do you think it is worth pursuing it in the county court or should I ask them to get me new similar rugs and claim loss of bargain that way? I haven't actually had any contact with them since they sent me the letter with the refund.

Art_2

cathodetube wrote: »

Hello Art,
Thanks for your reply.
I can't remember what is on the receipt. I am going to call the shop and ask them to send me a copy of the receipt. Or I could go in there as they are not far from me. They must have a copy of the receipt as they would have used it in order to send me the refund. If there isn't a description then where does that leave me? Do you think it is worth pursuing it in the county court or should I ask them to get me new similar rugs and claim loss of bargain that way? I haven't actually had any contact with them since they sent me the letter with the refund.

As they say the rugs they showed you were the ones you ordered they won't order anything different for you. These must have some record on their stock manifest but I doubt if they are going to show you this. It would be good if you could find your receipt and see if there is a description on it.

If you want to pursue this matter I think your best bet is through the court. A judge would look favourably on you stating you ordered green rugs and got red ones for example. I assume the ones they showed you were a totally different colour?

Regards,
Art.

cathodetube

Hello again Art,

What they said was they were the only rugs in the stockroom so they must be mine. They were totally different to the ones I paid for, different pattern and colour. Not even a smidgin like the ones I bought. I will try with getting a copy of the receipt they hold. Someone messed up the storage. It looks like they wrapped up the wrong rugs. I will try to see if they still have the wrong rugs at the shop. I haven't cashed the cheque yet so I haven't agreed with what they have done.

Thanks again for your help.

pinkpauline34

Hi, I bought a brand new PS2 at the end of February 2007 from Toys R Us. Over the weekend it stopped working - the laser doesn't seem to be reading any discs. I took it back to Toys R Us and was told that because more than 28 days have lapsed, I need to take it up with Sony. I disputed this and asked to speak with the manager who was adamant that I had to ring an 0870 number to speak to someone from Sony direct.

I did this yesterday and when I read out the serial number to Sony they tell me this unit was manufactured 2.5 years ago and they would wanted to see proof of purchase before taking the matter any further. I have now had to post them a photocopy of my proof of purchae and in the meantime, my daughter is without her PS2.

I am not impressed with this and wondered if I'm being led up the garden path?

derrick

pinkpauline34 wrote: »

Hi, I bought a brand new PS2 at the end of February 2007 from Toys R Us. Over the weekend it stopped working - the laser doesn't seem to be reading any discs. I took it back to Toys R Us and was told that because more than 28 days have lapsed, I need to take it up with Sony. I disputed this and asked to speak with the manager who was adamant that I had to ring an 0870 number to speak to someone from Sony direct.

I did this yesterday and when I read out the serial number to Sony they tell me this unit was manufactured 2.5 years ago and they would wanted to see proof of purchase before taking the matter any further. I have now had to post them a photocopy of my proof of purchase and in the meantime, my daughter is without her PS2.

I am not impressed with this and wondered if I'm being led up the garden path?

Under the Sale of Goods Act, your contract is with Toys R Us, not Sony, if you want to deal with Sony and they are content to do so, it might have more benefit, but you are going to be involved with costs,(0870 number), and possibly postage to return. There are geographical numbers on the Saynoto0870 site for Sony, just enter Sony into the search box.

I would take it back to Toys R Us and tell them that the "28 days" is their "rules" and as such mean nothing in law, they cannot take away your Statutory Rights, i.e SoGA.by issuing "disclaimers"