Consumer Rights: MoneySavingExpert.com discussion

Art_2

mlarmitage wrote: »

First time posting, Hi!

I bought a flat screen monitor from Hitachi about 3 and a half years ago, which came with a 3 year warranty. The power failed after about 2 and a half years, so I got it replaced for a "reconditioned machine". They took months to replace it and on the replacement, the power started to fail 10 weeks later. By then the original warranty had expired they refused to do anything about it.

I sent Hitachi a letter and got no reply, and although e-mails started promisingly with the TV company that they subcontracted the repair / replacement too, they had me confused with someone else and also stopped replying! If I'm honest, it is probably more pride than money as they have correctly assessed I don't have the time to pursue it effectively and have had to buy another monitor rather than wait months for a replacement. They simply won't accept that the sale of goods act applies (and both companies blame the other). Defeated?

I think that where monitors are concerned, 3 years is not an unreasonable time for the product to last and you wouldn't get far if you pursued your claim in the courts.

One small point, you say you were dealing directly with Hitachi. The responsibility is with the retailer who sold you the monitor not the manufacturer. Not to worry as you seem to have got Hitachi to respond initially.

Regards,
Art.

cathodetube

Hello Art,

I have noticed what you have posted regarding reasonability. Would a larder fridge, purchased from John Lewis less than 4 years ago (I actually purchased 2 at the same time and one is still working) which has failed be considered reasonable? The light works, but there isn't any refrigeration going on, eg, the food is warm. I have never encountered a fridge that has broken, ever. I have had problems with freezer seals breaking, but that is all. I will contact John Lewis but just wanted to confirm with you that you that it is unreasonable. You are such a mine of information!

Art_2

cathodetube wrote: »

Hello Art,

I have noticed what you have posted regarding reasonability. Would a larder fridge, purchased from John Lewis less than 4 years ago (I actually purchased 2 at the same time and one is still working) which has failed be considered reasonable? The light works, but there isn't any refrigeration going on, eg, the food is warm. I have never encountered a fridge that has broken, ever. I have had problems with freezer seals breaking, but that is all. I will contact John Lewis but just wanted to confirm with you that you that it is unreasonable. You are such a mine of information!

I think you are on the edge of 'reasonability'. If it was any other retailer than JL I would say don't bother but if you have a polite word with them you may be lucky.

Sorry I can't be more positive.

Regards,
Art.

cathodetube

Thanks for your reply. I wasn't going to bother, but you are right, as it is John Lewis, I will try. It actually broke about 6 months ago, but as I had the other one I didn't contact them, especially as I just thought I was unlucky. But I could mention that to them as well, eg, 2 fridges, only one breaks.

Art_2

cathodetube wrote: »

Thanks for your reply. I wasn't going to bother, but you are right, as it is John Lewis, I will try. It actually broke about 6 months ago, but as I had the other one I didn't contact them, especially as I just thought I was unlucky. But I could mention that to them as well, eg, 2 fridges, only one breaks.

Yes, let them know you bought 2 fridges from them. It helps to tell them you are a regular shopper.

Regards,
Art.

NelleBelle

I bought a pair of Wrangler boots from a shop at Cheshire Oaks back in March/April.
Over time the colours of the boots have changed and each boot is a completely different shade, and totally unwearable.
I have looked on the Wranglers website for UK and you can only contact via snail mail. would I be within my rights to send the boots back to them or would it be best to just take a picture and write a complaints letter ?
My mum works at Adidas and she says that they get sent returns and will replace them even if the originals are a year old but I dont want to send them out and not get anything back..
Any ideas

roadster1

I ordered a TV on-line from what I thought was a reputable company. The TV was showing as in stock (still is), they took the money off my credit card but just got an email saying it is out of stock giving me the following options........

1. Choose an alternative. A refund/debit will be processed wherever necessary.

2. Cancellation and refund of the item in question.

3. Wait 1 to 2 weeks for the stock to be replenished.

As it was a special offer if I cancel the new stock will be at a higher price. If I don't cancel they have my money so if I spot something suitable in the meantime I possibly wouldn't have the credit limit to buy it.

Why did they take the money if they knew they could not fulfil the order and is it legal to do that?????

Art_2

roadster1 wrote: »

I ordered a TV on-line from what I thought was a reputable company. The TV was showing as in stock (still is), they took the money off my credit card but just got an email saying it is out of stock giving me the following options........

1. Choose an alternative. A refund/debit will be processed wherever necessary.

2. Cancellation and refund of the item in question.

3. Wait 1 to 2 weeks for the stock to be replenished.

As it was a special offer if I cancel the new stock will be at a higher price. If I don't cancel they have my money so if I spot something suitable in the meantime I possibly wouldn't have the credit limit to buy it.

Why did they take the money if they knew they could not fulfil the order and is it legal to do that?????

They have kept you informed of the delivery situation and offered you a number of choices as a result of not having the TV in stock.

I would tend to wait the 1-2 weeks for new stock. If it doesn't arrive in that time I would recommend you cancel.

If the store told you within a day or so of placing the order you really don't have any further claim on them. You could go for the difference in the price they were charging you and the price of one bought somewhere else but that could mean a visit to court, and is it worth it.

If you don't want to wait look elsewhere to see if you can find another TV you like and if it is in stock you can then cancel the first order.

Regards,
Art.

Art_2

NelleBelle wrote: »

I bought a pair of Wrangler boots from a shop at Cheshire Oaks back in March/April.
Over time the colours of the boots have changed and each boot is a completely different shade, and totally unwearable.
I have looked on the Wranglers website for UK and you can only contact via snail mail. would I be within my rights to send the boots back to them or would it be best to just take a picture and write a complaints letter ?
My mum works at Adidas and she says that they get sent returns and will replace them even if the originals are a year old but I dont want to send them out and not get anything back..
Any ideas

You should not be dealing with the manufacturer. Your contract is with the shop where you purchased the boots.

Go back to the shop and explain the problem. Under the Sale of Goods Act the boots are not fit for purpose and should be replaced or your money refunded.

Regards,
Art.

roadster1

Art wrote: »

They have kept you informed of the delivery situation and offered you a number of choices as a result of not having the TV in stock.

I would tend to wait the 1-2 weeks for new stock. If it doesn't arrive in that time I would recommend you cancel.

If the store told you within a day or so of placing the order you really don't have any further claim on them. You could go for the difference in the price they were charging you and the price of one bought somewhere else but that could mean a visit to court, and is it worth it.

If you don't want to wait look elsewhere to see if you can find another TV you like and if it is in stock you can then cancel the first order.

Regards,
Art.

Thanks for the reply. Strangely more stock "appeared" and my TV is being delivered Monday, so all's well that ends well. In these days of automated stock control I'm just a bit surprised that this sort of thing can happen. Perhaps it was just a glitch.