Consumer Rights: MoneySavingExpert.com discussion

Karen-F_2

Hi,

Regarding the credit card being equally liable if things go wrong, how far does this extent. I am thinking of investing in real estate in the USA, but since I haven't had prior dealings with the investment company, I said why not pay the investment sum by credit card. They said 'fine--eight installments via paypal'. If they turn out to be scammers, can I get my money back from the credit card company? Also I am thinking of applying to Morgan Stanley (their cash back is attractive)--are they good at moving if things become disputed. I found Halifax a bit lethargic when I got in trouble last, but they did reimburse a bad purchase.

Any advice much appreciated.

Karen

leedsleeds

Can anyone advise please?

We've had our dryer for 2 years and 4 months and it's stopped drying! I know consumers now have extra rights under the Sale of Goods Act and that we can expect goods to last a 'reasonable length of time', but what is a reasonable length of time for a dryer? (I would have thought it was more than 2.4 years)

Is it the retailer or manufacturer who we contact regarding this?

Thanks.

trippy

It's the retailer. Whatever they say, it's *their* responsibility to sort it out their end with the manufacturer. The retailer needs to repair the dryer or arrange a replacement. Don't back down and if they won't back down, tell them you're going to complain to Trading Standards.

taxiphil

You've just asked an extremely common but very difficult question to answer! It's very hard to put an exact figure on "reasonable length of time" as it depends on a number of factors. Every case is unique. Ultimately it's the judge in a County Court who gets to decide what is a "reasonable length of time" under the Sale of Goods Act.

Going off my own past experience of claiming through the County Courts, I'd say you had a fairly strong case for repair/replacement, as 2 years and 4 months probably isn't reasonable. But this is provided that the item hasn't been used excessively or roughly.

Anything over 3 years old and you're in to a rather grey area.

Oh, and your contract under the Sale of Goods Act is with the retailer - not the manufacturer. Often the retailer will try and fob you off by telling you to take up the matter with the manufacturer, but don't take any notice of this.

leedsleeds

thanks trippy and taxiphil I didn't realise it would still be the retailer after the initial one year had passed!

FloFlo

Where do I stand with compensation from B&Q for problems with kitchen fit. Ordered and paid for in full, £8000, in Oct 05. Fitting started in Jan and they are due to come back for the third time on Monday to finish it. So far we have had: pars not delivered; fitters ran out of backsplash; kitchen flooded during fit and left with no water or heating for 2 nights; damaged boiler controls and we had to get British Gas out under our service contract to fix it; sink not in same position as plan; badly fitted kickboards; badly fitted splashback; leaking tap; chimney hood out of action due to prob with built in carbon filter; floor tiler did not turn up on 3 separate occasions; loose electrical sockets;
B&Q have admitted that their have been problems that could have been handled by them better. They have mentioned compensation but today said that this would not be discussed until we say we are satisfied with the fitting. They also said that it would only be a small amount regarded as a goodwill gesture. As the fitting costs alone were £4500 and the contract was for this to be completed in 3-7 days and it is now over 3 months, I think we should be entitled to have a fair amount of this refunded.
Am I entitled to compensation or should I just take whatever they offer as long as the kitchen is finished?
Thanks
Donna

benhill

Hi everyone,

I realise that most of these posts are questions, and I wish I could give some answers, but unfortunately I have come to these annals of the MSE forums seeking a bit of advice myself.

I have 'purchased' an item off of a large, well-known retail website. I say 'purchased', because I inputted a code into their promotional code box, and it took more money off of the purchase than I was paying, and so it turned out to be free. Never one to leave a good loophole unexploited, I did this a few times, with each time gaining a confirmation e-mail saying that my order had been received, I would be debited £0.00 for my order, and goods would be dispatched within 14 days. At no point did I tick a box saying "I agree to the Terms and Conditions". In fact, the only time I came across something about the T&Cs was at the confirmation stage where it said " * Subject to terms and conditions". Never mind that the star didn't relate to anything on the page (I know that this minor detail doesn't really mean anything), I went and read the T&Cs.

The only clause I could find said: "Where a special offer is described as having limited use, repeat orders placed which exceed the stipulated limit will not be processed." - at no point was I made aware that the code I was using was of a limited nature.

So where's the beef?

Well, yesterday this company debited my account for £45.89, and have been sending e-mails regarding *some* of the purchases to my OH's e-mail address, despite the fact that I used a completely different handle and root when inputting my e-mail address (which, incidentally, was optional). In one of these e-mails the company have said that the excess orders (any over three times) would be cancelled.

First of all - can they cancel the orders, despite the fact that I have entered into an agreement with them, and had a confirmation e-mail from them reaffirming their position, given that I have not explicitely agreed to the T&Cs that don't really apply here anyway?

Secondly, how can they debit any money from my account? Surely the ordering system has told their debiting system that my orders are for £0.00, and any adjustments to that would be to cancel the orders, not bump them up to full price?

In the end, I know that I can send everything back, and get all of my money back, but the facts all mount up and I am really unsure as to whether I should stubbornly tell them to give these things to me, as ordered, or just cut my losses. As far as I can tell, this falls under the "As Described" bit of SAD FART, no?

Sorry for the long diatribe, hope everyone is enjoying their weekend.

Ben

merlin09260

Purchased three carpets through Carpetright and had them fitted on three different dates over 8 months. All three have a faint line through the carpet and was told that they will disappear in time. Third carpet was poorly fitted and they have cut into the skirting board with a knife. Dont wont the upheaval of new carpets being fitted. Carpetright have offered £40.00 re-imbursement of one carpet so far which is the cost price offered to them by their supplier. Am I not entittled to reasonable compensation as well as keeping the carpets. What if i told tem to come and take the carpets away, am i still entitled to a full refund and again reasonable conpensation. Carpetright are not out of pocket at all with their offer ... just me and the supplier.

Art_2

merlin09260 wrote:

Purchased three carpets through Carpetright and had them fitted on three different dates over 8 months. All three have a faint line through the carpet and was told that they will disappear in time. Third carpet was poorly fitted and they have cut into the skirting board with a knife. Dont wont the upheaval of new carpets being fitted. Carpetright have offered £40.00 re-imbursement of one carpet so far which is the cost price offered to them by their supplier. Am I not entittled to reasonable compensation as well as keeping the carpets. What if i told tem to come and take the carpets away, am i still entitled to a full refund and again reasonable conpensation. Carpetright are not out of pocket at all with their offer ... just me and the supplier.

Write to the MD at their head office giving a full description of the problems you have had with them and make it clear they have not suplied goods that are of merchantisable quality. Send the letter by recorded delivery.

If you are prepared to settle for an allowance tell them how much you want. If you want a full replacement tell them.

If you want them to remove the carpets tell them to do so and remind them they are responsible for putting you back in the position you were in before the goods were installed.

Finally tell them that you expect them to deal with your complaint within 7 days or you will take them to the Small Claims Court. If you don't get satisfaction from them in the stated time take out a summons against them.

Regards,
Art.

musey

Hi Guys

Hope some learned people here can advise me on behalf of my Sister in law.

Basically Sis bought a Post Office Travel Insurance policy about a month ago (£35) to cover her & her 2 kids when they go on holiday. As she's a busy single mom who works 4 days a week she managed to forget that her mother in law (she's going on hols with them) had said she would buy the travel insurance policy for them all and duly did so.

This has only come to light now, sis phoned the PO who basically said "unlucky" when pressed a little they said they could "hold the policy" for her to use at a later date (no time limit for this given).

Sis could really do with the money back, I'm pretty sure the "holding of the policy" is the best deal she's gonna get can anyone offer any advice on if there's a chance of getting her money back. Not sure if it's relevant but her Mother in Law also bought from the Post Office.

I did wonder whether there was scope for a 'gesture of goodwill' on the PO's behalf seeing as how they're getting the business either way? Any suggestions as to wording she might use to try for this??

Thanks for reading.