Consumer Rights: MoneySavingExpert.com discussion

Matty007

Sorry that was me being unsuccessfully funny in relation to the Sales of Goods Act and not being able to get to this forum!!

It was that I couldnt get to this page through my normal links, it does seem extremely quiet in here.

Art_2

sweetnest wrote: »

Thanks for your response

Who would be best to write to? my local comet? or someone higher up?

Thanks

Initially write to the Store but tell them that if the matter isn't dealt with within 10 days you will go higher.

Regards,
Art.

PJM_2

Can someone please help. I bought a car tax free whilst in Cyprus in Nov 06 and since then have exported it back to UK. My problem is that it spends more time in the garage being repaired than it does on the road and I am sick to death. My question is can I get my money back as the car is clearly not fit for purpose.

Many thanks

TheNeil

Hoping that someone can help on this one. My girlfriend went shopping for a new car at the weekend and decided to go for a brand new one. We agreed the price with the salesman (£9100) and agreed to put down a £500 deposit (leaving £8600 outstanding). As she was signing the form, she noticed that the guy had reduced the price by another £500 (very nice of him) to £8100. As he'd already signed it my good woman just checked that she only needed to pay him £8100 and that it was his signature on the form. He said yes (not paying her any attention) so she signed.

At 9:00 Saturday night she got a phone call saying that there'd been a mistake and that he couldn't sell her the car at the price on the form (yeah right - I bet he couldn't) so he'd go ahead with the original £9100 (less the £500 she'd already paid) - a grand total of £8600. She wasn't happy about this, pointed out that she'd confirmed the price with him (and he agreed that she had) so he said he'd talk to his boss this morning (as they don't work Sundays). So she stewed on Sunday and decided to tell him that she wanted to cancel the order and go elsewhere.

She phoned the garage first thing this morning (8:01) before they could get the order placed with the manufacturer (they claimed that they couldn't place the order on Saturday as it was too late - 4:30)(found time to take the deposit from her bank account though) but now they're saying that she can't cancel and that the price is £8600, despite the fact that the form she signed clearly stated £8100 and that he signed it (I checked and it does state both facts clearly). She told them that she had 14 days to change her mind (I'm not 100% certain that she does) but they, as she put it, just laughed at her. It didn't help that she wasn't given a copy of their terms and conditions and wasn't shown any when she signed.

I phoned the manufacturer this morning to see what they had to say but they said that it wasn't their problem - all down to the individual franchise. I realise that they're in breach of contract but does anything like the Sale of Goods Act state that she can change her mind?

Mucho biggo thanks in advance.

brendanj

Art wrote: »

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.

Hi again. Thanks for the advice so far.

I have since written to barclaycard telling them that the camera wasnt fit for purpose and that as the credit card they were responsible under section 75 and that if they didnt comply we would take them to small claims court. Unfortunately theyve given us the same response.

"........ Having had the opportunity to fully evaluate the documentation we now hold on file, it is with regret that barclaycard maintain that a proven case of breach of contract or misrepresentation has not been substantiated......"

Do we now have to take them to court? or is there something else we could do? and if we do have to take them to court how would we go about it? Thanks again for any help.

Brendan

Oh and they have also included a rejection letter to someone else with their card details and everything.

Art_2

TheNeil wrote: »

Hoping that someone can help on this one. My girlfriend went shopping for a new car at the weekend and decided to go for a brand new one. We agreed the price with the salesman (£9100) and agreed to put down a £500 deposit (leaving £8600 outstanding). As she was signing the form, she noticed that the guy had reduced the price by another £500 (very nice of him) to £8100. As he'd already signed it my good woman just checked that she only needed to pay him £8100 and that it was his signature on the form. He said yes (not paying her any attention) so she signed.

At 9:00 Saturday night she got a phone call saying that there'd been a mistake and that he couldn't sell her the car at the price on the form (yeah right - I bet he couldn't) so he'd go ahead with the original £9100 (less the £500 she'd already paid) - a grand total of £8600. She wasn't happy about this, pointed out that she'd confirmed the price with him (and he agreed that she had) so he said he'd talk to his boss this morning (as they don't work Sundays). So she stewed on Sunday and decided to tell him that she wanted to cancel the order and go elsewhere.

She phoned the garage first thing this morning (8:01) before they could get the order placed with the manufacturer (they claimed that they couldn't place the order on Saturday as it was too late - 4:30)(found time to take the deposit from her bank account though) but now they're saying that she can't cancel and that the price is £8600, despite the fact that the form she signed clearly stated £8100 and that he signed it (I checked and it does state both facts clearly). She told them that she had 14 days to change her mind (I'm not 100% certain that she does) but they, as she put it, just laughed at her. It didn't help that she wasn't given a copy of their terms and conditions and wasn't shown any when she signed.

I phoned the manufacturer this morning to see what they had to say but they said that it wasn't their problem - all down to the individual franchise. I realise that they're in breach of contract but does anything like the Sale of Goods Act state that she can change her mind?

Mucho biggo thanks in advance.

If you have a clear contract signed for the lower amount, write, recorded delivery, to the dealership's MD telling him you expect him to honour the price or refund your money. Tell him you expect an answer within 3 days or you will regard the contract as cancelled and if need be go to the Small Claims Court. Tell him that no order should be placed until the matter is resolved.

Don't waste any time on dealing with this as once your order is in production it will be harder to resolve.

Regards,
Art.

Art_2

brendanj wrote: »

Hi again. Thanks for the advice so far.

I have since written to barclaycard telling them that the camera wasnt fit for purpose and that as the credit card they were responsible under section 75 and that if they didnt comply we would take them to small claims court. Unfortunately theyve given us the same response.

"........ Having had the opportunity to fully evaluate the documentation we now hold on file, it is with regret that barclaycard maintain that a proven case of breach of contract or misrepresentation has not been substantiated......"

Do we now have to take them to court? or is there something else we could do? and if we do have to take them to court how would we go about it? Thanks again for any help.

Brendan

Oh and they have also included a rejection letter to someone else with their card details and everything.

It's never easy dealing with the card companies.
Ring Consumer Direct and discuss this with them and see what position they take. You can reach them on:

08454 04 05 06

Regards,
Art.

derrick

Art wrote: »

It's never easy dealing with the card companies.
Ring Consumer Direct and discuss this with them and see what position they take. You can reach them on:

[strike] 08454 04 05 06[/strike]

Regards,
Art.

Or use one of the following in place of the revenue sharing/special service 0845 number;-


Mon-Fri 0800-1830 Sat- 0900-1300

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.

East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670

Consumers who call Consumer Direct from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.

Art_2

derrick wrote: »

Or use one of the following in place of the revenue sharing/special service 0845 number;-


Mon-Fri 0800-1830 Sat- 0900-1300

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.

East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670

Consumers who call Consumer Direct from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.

When calling Consumer Direct on 08454 04 05 06 your call is automatically connected to the nearest centre to where you are calling from that has a free agent to talk to you. Calls cost 3p per minute.

The geographic numbers don't always work as stated by Consumer Direct.

Regards,
Art.

jenaimepastacopine

Help! On 31st July this year I went to Phones4u an signed a new mobile phone contract with Vodafone, £40 a month with a free Samsung U600. It is now November and for the past month, on and off, my phone has crashed when trying to send a text message.

I am a little confused as what to do. Who do I take this up with - Samsung, Vodafone or Phones4u? I want the phone fixed or replaced as I think that a phone should still be able to handle sending texts after less than 5 months. What are my rights please people !? Also would I be able to cancel the contract because of this? Thank you!