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Consumer Rights: MoneySavingExpert.com discussion

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  • Art_2
    Art_2 Posts: 1,602 Forumite
    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?

    Write to Toys r us at their head office. point out that under the Sale of Goods Act they are responsible not Sony and you expect them to deal with this for you at no cost to you.

    Inform them that if they do not acknowledge their responsibility in writing within 14 days you will go to the Small Claims Court, and you will win your case.

    Regards,
    Art.
  • Further to my last posting, I went to the shop to look at 'my' rugs again. They were in the window, displaying a price of £180 each. I paid £280 for two! The sticker also mentioned that the original price for each was over £450. The sales assistant I talked to said both they and John Lewis used to stock the rugs. The exact pattern I had bought isn't made anymore but the company does make similar. I asked them if they could order me some and he said no. The man who evidently 'knew' about the rugs was on holiday. I am going to bide my time until he comes back. I also asked for a copy of the receipt to be sent to me, which lists exactly the name of the rugs I bought but didn't receive.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Further to my last posting, I went to the shop to look at 'my' rugs again. They were in the window, displaying a price of £180 each. I paid £280 for two! The sticker also mentioned that the original price for each was over £450. The sales assistant I talked to said both they and John Lewis used to stock the rugs. The exact pattern I had bought isn't made anymore but the company does make similar. I asked them if they could order me some and he said no. The man who evidently 'knew' about the rugs was on holiday. I am going to bide my time until he comes back. I also asked for a copy of the receipt to be sent to me, which lists exactly the name of the rugs I bought but didn't receive.

    If someone buys the rugs or they remove them from show you still won't be able to identify them. get the design numbers so you have a reference.

    Is there not a manager or owner of the shop you can talk to now. Otherwise you will let this opportunity slip. Now that you have found the rugs demand they sort out your problem immediately.

    Regards,
    Art.
  • Thanks for your reply Art. I took some pictures on my camera phone, but it was difficult, as they were in the window rolled up and there was a glare. I did ask to speak to 'someone' but was told that that person was away until next week! Yesterday I spoke to the woman who wrote the letter back to me enclosing the 'refund' minus the ten percent. I asked her to photocopy me her receipt and send it to me. It says the style of the rugs on there, as she confirmed it to me on the phone. I am not at home until tomorrow so hopefully the receipt will be there. I didn't want to strike until I saw their copy of the receipt. I was told on Saturday whilst at the shop that they had the rugs for 4-5 years in the shop. I am not sure that that makes a difference as the rugs were sold to me last year.

    I will still have to do my research at John Lewis, as they might have info on the rugs from that many years ago. I also plan to contact the manufacturer in Belgium to see what info they have on patterns.
  • Marty06
    Marty06 Posts: 103 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi - I recently bought some curtains from Ikea, but when I hung them up at home one is a slightly different colour to the other. My nearest store is over an hour away. Ikea require me to personally return the item (i.e. rather than posting it) to get refund/replacement

    My question, then, is: should stores (Ikea, or others if we make this a theoretical question) pay for travel costs in this situation (i.e. where it is going to take considerable time and money for the consumer to take back a faulty item)? Or is it up to the customer to check before they leave the store (even if, as with curtains, this is a bit unrealistic)? Or up to the consumer only to buy from local stores/stores they are prepared to get back to easily in case of a faulty good? Or should stores accept things back by mail? Or just write off the cost and send a gift certificate as an act of goodwill to ensure future customer loyalty (something that might well be lost if the customer has to spend a day returning to the store to return faulty goods)?

    I don't think there's anything in law about this (is there?) although of course many online stores WILL pay return postage for faulty goods, and I think there is a provision of distance selling law that says the customer should not suffer any loss from returning faulty goods.. Do you think shops have any moral obligation to pay for my fuel/time costs to go back to the store to get a refund?

    Any thoughts welcome!
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Marty06 wrote: »
    Hi - I recently bought some curtains from Ikea, but when I hung them up at home one is a slightly different colour to the other. My nearest store is over an hour away. Ikea require me to personally return the item (i.e. rather than posting it) to get refund/replacement

    My question, then, is: should stores (Ikea, or others if we make this a theoretical question) pay for travel costs in this situation (i.e. where it is going to take considerable time and money for the consumer to take back a faulty item)? Or is it up to the customer to check before they leave the store (even if, as with curtains, this is a bit unrealistic)? Or up to the consumer only to buy from local stores/stores they are prepared to get back to easily in case of a faulty good? Or should stores accept things back by mail? Or just write off the cost and send a gift certificate as an act of goodwill to ensure future customer loyalty (something that might well be lost if the customer has to spend a day returning to the store to return faulty goods)?

    I don't think there's anything in law about this (is there?) although of course many online stores WILL pay return postage for faulty goods, and I think there is a provision of distance selling law that says the customer should not suffer any loss from returning faulty goods.. Do you think shops have any moral obligation to pay for my fuel/time costs to go back to the store to get a refund?

    Any thoughts welcome!

    Where a fault exists in any goods the retailer has to leave you in a position where you are not out of pocket. Ikea should compensate you for the travel costs.

    Regards,
    Art.
  • pozalina
    pozalina Posts: 179 Forumite
    I have a Mira shower that we bought from a DIY store in Oct 2005 that has had a dodgy on/off buttong for a while now. This week it has completely stopped working i.e. when you depress ther button the water will not stay on.

    I know we have had the shower over 18 months but Martin talks about things lasting for a reasonable length of time: should an £146 shower last less than 2 years?

    PS We still have the receipt but the warranty has expired (1 yr)
    Cheers,
    If you think you can do a thing or think you can't do a thing, you're right - Henry Ford
  • Art_2
    Art_2 Posts: 1,602 Forumite
    pozalina wrote: »
    I have a Mira shower that we bought from a DIY store in Oct 2005 that has had a dodgy on/off buttong for a while now. This week it has completely stopped working i.e. when you depress ther button the water will not stay on.

    I know we have had the shower over 18 months but Martin talks about things lasting for a reasonable length of time: should an £146 shower last less than 2 years?

    PS We still have the receipt but the warranty has expired (1 yr)
    Cheers,

    We've mentioned 'reasonability' many times here.
    It seems unreasonable for the shower to have broken.

    Go back to the retailer and tell him you expect it to be repaired under the Sale of Goods Act.

    Technically you have not helped your case by not informing the retailer of the problem when it first occurred.

    Regards,
    Art.
  • Hello

    First time posting on the board so bare with me.

    I'll try and keep this brief!

    We purchased a fireplace from Blazes in July of this year, they came round and fitted it and in doing so left our brand new (as in 4 month old) carpet stained with brick dust and cut to bits.

    We complained.

    The manager of Blazes came round and agreed liability and said he would be in contact with his insurance company who would contact us. The insurance company duly contacted us and told us that we should supply them with the original quote for the carpet (which came to £685) and then get a new carpet fitted and they would refund us the money. All well and good; except having had the same carpet company round this morning, the quote for the carpet has gone up to £755. The difference I think comes from us buying stairs and landing carpet at the same time as the living room so he gave us a discount, now we're just having the front room done the price has gone up.

    Not wanting to shell out for something I wasn't sure I'd get my money back on, I phoned the insurance company up to tell them of the increased quote, only to be told that they would only pay us the original £685 the carpet cost 4 months ago.

    Where do we stand legally, and what should my next move be?

    Thanks for your help.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Hello

    First time posting on the board so bare with me.

    I'll try and keep this brief!

    We purchased a fireplace from Blazes in July of this year, they came round and fitted it and in doing so left our brand new (as in 4 month old) carpet stained with brick dust and cut to bits.

    We complained.

    The manager of Blazes came round and agreed liability and said he would be in contact with his insurance company who would contact us. The insurance company duly contacted us and told us that we should supply them with the original quote for the carpet (which came to £685) and then get a new carpet fitted and they would refund us the money. All well and good; except having had the same carpet company round this morning, the quote for the carpet has gone up to £755. The difference I think comes from us buying stairs and landing carpet at the same time as the living room so he gave us a discount, now we're just having the front room done the price has gone up.

    Not wanting to shell out for something I wasn't sure I'd get my money back on, I phoned the insurance company up to tell them of the increased quote, only to be told that they would only pay us the original £685 the carpet cost 4 months ago.

    Where do we stand legally, and what should my next move be?

    Thanks for your help.

    You should be dealing with the retailer and not his insurance company. Write to the retailer telling him that he is liable to replace like-for-like and if this isn't done you will go to the Small Claims Court. If he involves his insurer it is for him to deal with them.

    With hindsight it would have been better to obtain a new quote for the present value.

    Regards,
    Art.
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