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Consumer Rights: MoneySavingExpert.com discussion

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  • This topic has been mentioned elsewhere but I wanted to question the position with this specific dealer. I went to Phones-4-u and bought a mobile accessory - worth £50. However I then found out that p-4-u only cover the first 28 days warranty after which they state it is the manufacturers responsibility. I thought this was not the case and that under the SGA they were responsible for the 12 months.
    I have been able to return cheaper items to tesco, M&S, sainsburys etc that have been faulty and they have been replaced so why not phones-4-u? Is this legal? Any advice please.
    D
  • Art_2
    Art_2 Posts: 1,602 Forumite
    This topic has been mentioned elsewhere but I wanted to question the position with this specific dealer. I went to Phones-4-u and bought a mobile accessory - worth £50. However I then found out that p-4-u only cover the first 28 days warranty after which they state it is the manufacturers responsibility. I thought this was not the case and that under the SGA they were responsible for the 12 months.
    I have been able to return cheaper items to tesco, M&S, sainsburys etc that have been faulty and they have been replaced so why not phones-4-u? Is this legal? Any advice please.
    D


    No it is not legal but they get away with it. You are right, it is the retailers' responsibility to deal with any problems with a faulty product under the Sale of Goods Act.

    To my knowledge nobody has ever challenged this position in court. This is what is needed to clear this problem up.

    Regards,
    Art.
  • Matty007
    Matty007 Posts: 199 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Re: Indesit Washing Machine B&Q

    Appliance is now 2 years old.

    1st time Drum went was after 11 months

    2nd time the Drum went was last month, just short of 2 years

    Well really frustrated today, I am extremely determined to ensure that I get every entitlement from B&Q.

    They have been extremely unhelpful.

    My machine remains kaputt and B&Q will NOT deal with it, they have said that they need to establish whether it is a manufacturing fault. But they wont deal with it and I must contact Indesit myself they wont move.

    I have argued that the contract of sale is with them, however they wont budge and I must deal with it myself, incurring the cost of a call out from Indesit.

    This I feel is going down the Small Claims Court route I have no doubt, but before I call Indesit I would need some advice from you guys.

    It seems that I will need an Indesit Engineer to establish that it is a manufacturing fault.

    This is going to start a process that will incur significant costs to me.

    Even if the appliance is deemed to have a manufacturing fault, I am not conveinced B&Q have the will to do anything about it......

    Now if I get the Engineer to repair the fault I am heading into £100's and I have been advised that maybe a new machine is the answer.

    My Wife is at her wits end with this issue.

    Is it possible for me to buy a new machine and then just take B&Q to the SCC, obviously keeping the old machine or getting an independant report ?

    The thing is I am going to be out of pocket with Indesit and would have to claim back anyway through the SCC.

    Even if B&Q come good and after the Indesit Engineer comes and sorts it out free of charge, there is NO chance of B&Q voluntarily giving me the £120 laundry cost and any compensation for the inconvenience.

    It is now over a month without this machine working and I wonder what you think Art.

    Cheers mate

    Matty007
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Matty007 wrote: »
    Re: Indesit Washing Machine B&Q

    Appliance is now 2 years old.

    1st time Drum went was after 11 months

    2nd time the Drum went was last month, just short of 2 years

    Well really frustrated today, I am extremely determined to ensure that I get every entitlement from B&Q.

    They have been extremely unhelpful.

    My machine remains kaputt and B&Q will NOT deal with it, they have said that they need to establish whether it is a manufacturing fault. But they wont deal with it and I must contact Indesit myself they wont move.

    I have argued that the contract of sale is with them, however they wont budge and I must deal with it myself, incurring the cost of a call out from Indesit.

    This I feel is going down the Small Claims Court route I have no doubt, but before I call Indesit I would need some advice from you guys.

    It seems that I will need an Indesit Engineer to establish that it is a manufacturing fault.

    This is going to start a process that will incur significant costs to me.

    Even if the appliance is deemed to have a manufacturing fault, I am not conveinced B&Q have the will to do anything about it......

    Now if I get the Engineer to repair the fault I am heading into £100's and I have been advised that maybe a new machine is the answer.

    My Wife is at her wits end with this issue.

    Is it possible for me to buy a new machine and then just take B&Q to the SCC, obviously keeping the old machine or getting an independant report ?

    The thing is I am going to be out of pocket with Indesit and would have to claim back anyway through the SCC.

    Even if B&Q come good and after the Indesit Engineer comes and sorts it out free of charge, there is NO chance of B&Q voluntarily giving me the £120 laundry cost and any compensation for the inconvenience.

    It is now over a month without this machine working and I wonder what you think Art.

    Cheers mate

    Matty007

    Matty,

    I would go to the SCC. You have been very patient with this problem and B & Q seem unwilling to honour their obligation.

    Don't waste any more time with them.

    Regards,
    Art.
  • Matty007
    Matty007 Posts: 199 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Art wrote: »
    Matty,

    I would go to the SCC. You have been very patient with this problem and B & Q seem unwilling to honour their obligation.

    Don't waste any more time with them.

    Regards,
    Art.


    Yeah I agree....but what should I do in the mean time in terms of buying a new machine.

    How do I quantify the damaged drum ?

    How do I quantify cost of inconvenience ? ( Been a month )

    Obviously cost of laundry is easily done, your advice would be appreciated
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Matty007 wrote: »
    Yeah I agree....but what should I do in the mean time in terms of buying a new machine.

    How do I quantify the damaged drum ?

    How do I quantify cost of inconvenience ? ( Been a month )

    Obviously cost of laundry is easily done, your advice would be appreciated

    Buy a new machine and keep the receipt. Don't worry about the damaged drum - the machine isn't working and that is all you should concern yourself with.

    The cost of inconvenience isn't so easy to quantify as to some degree it's subjective. If I were you I would put in a figure of say £150. When you go to the SCC the judge will look at your claim and if he thinks it's too high will simply adjust it. He will not adjust upwards. remember that this figure is to cover all the extra time and effort you have put in to dealing with B & Q, phone calls, letters etc.

    Regards,
    Art.
  • Two weeks ago, I bought a watch - kind of an engagement present from my girlfriend. Anyway, I think the movement is loose inside the case and I've contacted the retailer who has advised me to contact the manufacturer. I've written back to them and told them that it does not conform to contract (which is with them and not the mfr.) and I've requested that they handle the repair or replacement within 14 days.

    is there anything else I can do to put a bit of pressure on them? Are they entitled to repair the item or am i entitled to demand a replacement?
    I've not had much stuff go wrong on me in a short period of time and when I have done, the places that I've shopped at have usually replaced the item immediately.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Two weeks ago, I bought a watch - kind of an engagement present from my girlfriend. Anyway, I think the movement is loose inside the case and I've contacted the retailer who has advised me to contact the manufacturer. I've written back to them and told them that it does not conform to contract (which is with them and not the mfr.) and I've requested that they handle the repair or replacement within 14 days.

    is there anything else I can do to put a bit of pressure on them? Are they entitled to repair the item or am i entitled to demand a replacement?
    I've not had much stuff go wrong on me in a short period of time and when I have done, the places that I've shopped at have usually replaced the item immediately.

    You are entitled to a replacement watch or a full refund for the item as it failed so soon.

    Write to the company telling them that under the Sale of Goods Act they are responsible for the watch and not the manufacturer. Point out that the watch is not fit for purpose and you expect a replacement or a repair. Inform them that if they haven't dealt with your problem within 10 days you will sue in the Small Claims Court.

    Regards,
    Art.
  • Thanks Art
    I have had a response from the dealer who has now advised me to send it to them and they will forward it to the manufacturer. I had also spoken to consumer direct who told me that a reasonable timescale for a solution was 14 days - however, I questioned what I could do in the instance that the repair time was over 14 days and, provided they are making their best effort to resolve things as quickly as possible, there's not a lot more I can do (according to the manufacturer's service agent, the timescale currently is up to 28 days, which I am told by consumer direct, that this would have to be acceptable).

    Are the dealer within their rights to request that the watch is repaired? I understand that in situations like this, that may be the case?

    I've not had a problem like this before!
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Thanks Art
    I have had a response from the dealer who has now advised me to send it to them and they will forward it to the manufacturer. I had also spoken to consumer direct who told me that a reasonable timescale for a solution was 14 days - however, I questioned what I could do in the instance that the repair time was over 14 days and, provided they are making their best effort to resolve things as quickly as possible, there's not a lot more I can do (according to the manufacturer's service agent, the timescale currently is up to 28 days, which I am told by consumer direct, that this would have to be acceptable).

    Are the dealer within their rights to request that the watch is repaired? I understand that in situations like this, that may be the case?

    I've not had a problem like this before!

    As the watch is only 2 weeks old you should be entitled to a replacement but it looks like you will not get one from the dealer.

    When you send the watch send a covering note to say that if the repair isn't up to your expectations you will demand a replacement or a refund.

    Regards,
    Art.
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