Consumer Rights: MoneySavingExpert.com discussion

brendanj

Hi everyone!

My mother bought a digital camera in New York back in April. Soon after purchasing it the picture quality started to deteriorate and then the camera stopped charging rendering it useless. She contacted barclaycard with whom she had purchased the camera in Junr and they told her to send them all the documentation she had. She sent them copies of the receipt, box and manual. They then got back to her and said that the documentation she had did not constitute a warranty so they would not pay. unfortunately it then got put in a draw and forgotten about. Is it now too late to pursue this? If not what can we do if barclaycard refuse to pay? Any advice would be much appreciated. Thanks.

derrick

Go for them under the Sale of Goods Act, warranty not required, the CC company is liable.

Art_2

brendanj wrote: »

Hi everyone!

My mother bought a digital camera in New York back in April. Soon after purchasing it the picture quality started to deteriorate and then the camera stopped charging rendering it useless. She contacted barclaycard with whom she had purchased the camera in Junr and they told her to send them all the documentation she had. She sent them copies of the receipt, box and manual. They then got back to her and said that the documentation she had did not constitute a warranty so they would not pay. unfortunately it then got put in a draw and forgotten about. Is it now too late to pursue this? If not what can we do if barclaycard refuse to pay? Any advice would be much appreciated. Thanks.

How much did the camera cost? If it cost over £100 Barclaycard and responsible. Write to them and tell them they are liable under section 75 of the Consumer Credit Act. If they still refuse to deal with the problem you can take them to the Small Claims Court.

If the camera cost less than £100 Barclaycard are not liable and unless you want to return to the retailer in the US you can't do much else.

There is one other possibility. If the camera manufacturer is represented in the UK it's worth approaching them to see if they will sort it out for you.

Regards,
Art.

Art_2

derrick wrote: »

Go for them under the Sale of Goods Act, warranty not required, the CC company is liable.

This is covered under the Consumer Credit Act, section 75.

regards,
Art.

brendanj

Thanks a lot for your answers. The camera cost way in excess of £100 so no problems there. Apparently they have said that the documentation she sent did not prove a breach of contract so they couldnt help. Are they just making it up as they go along or do we have to get the camera assessed or something along those lines. Thanks again for any help

Art_2

brendanj wrote: »

Thanks a lot for your answers. The camera cost way in excess of £100 so no problems there. Apparently they have said that the documentation she sent did not prove a breach of contract so they couldnt help. Are they just making it up as they go along or do we have to get the camera assessed or something along those lines. Thanks again for any help

Yes, they're making it up - trying to fob you off. Write to your card company and tell them the camera isn't working and not fit for purpose and they are equally responsible under section 75 of the Consumer Credit Act.
Inform them you will go to the Small Claims Court if they don't accept their responsibility.

Regards,
Art.

malc_b

In my experience you have to be VERY firm with CC companies. They do not like to pay out. I have been told CC can only help to get my money back (a lie) and I had to write twice to one CC company (for my mother actually) each time quoting the CC act to them. The first time they ignored it and can back with the "help" response. The second letter I put the act in 14pt bold with the comment that clearly that had noticed this, was this any clearer?

You have to show the CC company you know your rights and will see them through, then they fold, otherwise they just to try to bluff you.

Art_2

malc_b wrote: »

In my experience you have to be VERY firm with CC companies. They do not like to pay out. I have been told CC can only help to get my money back (a lie) and I had to write twice to one CC company (for my mother actually) each time quoting the CC act to them. The first time they ignored it and can back with the "help" response. The second letter I put the act in 14pt bold with the comment that clearly that had noticed this, was this any clearer?

You have to show the CC company you know your rights and will see them through, then they fold, otherwise they just to try to bluff you.

Yes, they always try it on, but normally as soon as they are quoted section 75 of the Consumer Credit Act they start to play ball.

Regards,
Art.

Matty007

Re: Indesit Washing Machine and B&Q

Family 4 without washing machine for 6weeks !!!

Well after speaking to a very unhelpful lady in 'Customer Care:rotfl: '

She said that the only option that I have is to contact the manufacturer, when I asked for the number she said ' well havent you got a brochure to look it up'.......says it all really.

Anyway I finally contacted Indesit who looked at my file and said that as they had only replaced the drum less than a year ago that they will send someone out to have a look at it......and yes you have guessed it they will return next week and fix the machine free of charge !!!

Jeeeeez, all this hastle because B&Q couldnt be bothered to look into the problem for me.

They found time to write silly 'legally inaccurate' letters, lie and dismiss my issues by phone but couldnt find the initiative to make a simple call from them to Indesit that would of solved the issue immediately and saved me a lot of time and bother.

I am seathing.....where now Art ???

Art_2

Matty007 wrote: »

Re: Indesit Washing Machine and B&Q

Family 4 without washing machine for 6weeks !!!

Well after speaking to a very unhelpful lady in 'Customer Care:rotfl: '

She said that the only option that I have is to contact the manufacturer, when I asked for the number she said ' well havent you got a brochure to look it up'.......says it all really.

Anyway I finally contacted Indesit who looked at my file and said that as they had only replaced the drum less than a year ago that they will send someone out to have a look at it......and yes you have guessed it they will return next week and fix the machine free of charge !!!

Jeeeeez, all this hastle because B&Q couldnt be bothered to look into the problem for me.

They found time to write silly 'legally inaccurate' letters, lie and dismiss my issues by phone but couldnt find the initiative to make a simple call from them to Indesit that would of solved the issue immediately and saved me a lot of time and bother.

I am seathing.....where now Art ???

it looks like you will have your problem solved by the manufacturer but you are still out of pocket.

Write to B & Q and tell them you want £xxx for inconvenience etc. Inform them that if this isn't forthcoming you will go to the SCC. They really shouldn't be allowed to get away with this behaviour to customers.

Regards,
Art.