Consumer Rights Discussion area

Fran

Why not give your local Trading Standards a ring and see what they say about this?

kev.pudd

Is there anyone out there who can enlighten me about a piece of retail law<?> that I was told about in the early 80's.
I worked for the British Shoe Corp(re. dawn of the great shoe shop.), and was attending their management course at their training school in Brum.

Anyhow , the point is this, we were told that if a customer was to buy a pair of shoes in the sale for .. say £1.00, and the original price was ..say £100, and those shoes turned out to be faulty in some way shape or form, and it was impossible to replace them with a pair like for like, they were.. (and I can almost here an audible gasp) fully entitled to the full pre-sale price back as a refund, yes they would gain an extra 99 quid for an outlay of a quid.

As i worked in the retail trade for some years I never had any one putting this to the test.

Did I dream this in one of my hungover moments or was I fully lucid and is this the case then, and is it still the case now.

:rolleyes: :wave:

shelagh

We have recently opened an A&l Premier Plus account. We have had lots of problems with it however, last month we had a dd sent back to our son's school for his fees. We paid the fees by cheque and asked them to re- submit the dd for the June fees. The fees were due on 15th. May and June. The school sent the cheque in two days early and we incurred a 34 pound fee, since the fees money is not transferred until the day it is due. We accepted this but the dd was returned again this month. I contacted the customer service dept. and they confirmed that the dd had been set up. They said that they had no note of the school contacting them for payment. There is no way that the scool would not try to collect the fees, trust me! I sent in a cheque, this time post dated to the school, they submitted it immediately and A& L paid it. The funds had not been transferred and we were charged 25 pounds transaction fee. I am particularly annoyed because we had paid in a cheque for 2,250 7 days before but it didn't clear until 14th. June. We have contacted A&L but they say that the have acted appropriately and they will not refund the 25 pound. I have yet to contact the school. Any ideas about what we could do ?

shelagh

Hi, I've just heard from A&L they have accepted that the problem, as above is not of my creating and have refunded my 25 pounds.

trace-j

kev.pudd wrote:

Is there anyone out there who can enlighten me about a piece of retail law<?> that I was told about in the early 80's.
I worked for the British Shoe Corp(re. dawn of the great shoe shop.), and was attending their management course at their training school in Brum.

Anyhow , the point is this, we were told that if a customer was to buy a pair of shoes in the sale for .. say £1.00, and the original price was ..say £100, and those shoes turned out to be faulty in some way shape or form, and it was impossible to replace them with a pair like for like, they were.. (and I can almost here an audible gasp) fully entitled to the full pre-sale price back as a refund, yes they would gain an extra 99 quid for an outlay of a quid.

As i worked in the retail trade for some years I never had any one putting this to the test.

Did I dream this in one of my hungover moments or was I fully lucid and is this the case then, and is it still the case now.

:rolleyes: :wave:

Yep one rather audile gasp from here. In the 80's The Sale of Goods Act 1979 where basic consumer rights still originate from, (although now subtantially amended) would have applied. The remedies available under SGA was either refund (if soon enough after purchase) or repair (a bit longer after). So in theory if the shoe was beyond repair the consumer could pursue for a refund but this was often difficult to enforce. Under the new amended legislation there is now the additional remedy of a replacement.

My understanding is that I don't see how the consumer could have claimed more than the price paid as legally the compensation would have only been to put them back in a position had the contract been carried out.

Only other option (and this is a guess as not sure how it works) is loss of bargain. Refund of £1.00 and no shoes. The additional +£99 would be to cover the price to buy a new pair of shoes at full price (as the bargain been and gone).

Certainly you wouldn't get away with it now. The Courts would only award affected claimants costs for actual losses to rectify a particular situation. In your situation the consumer would £1 refund plus costs for additional losses e.g. damage to property, travel costs

plumb1_2

Hi all,i bought a oven and hob from B&Q in november last year,the oven blew-up yesterday.
The other half went to B&Q today to enquire about a exchnge money back,was informed to contact manufacturer.
I am going to B&Q myself in the morning(to do battle).What facts should i be armed with?ie sales of goods act etc.

klb_75

Hi, this is my first post and am in need of advice. My mobile phone is faulty, I bought it from orange a few months ago. Firstly they informed me that the fault was due to signal problems due to repairs and that I couldn't expect my phone to work all the time! I know its not the signal because now it has gone off and i am miles away from the original signal. They said that because I have not taken the orange care plan out I have to pay £100 for a replacement and take out the orange care plan? What should I do now??? I need a phone as I travel long distances from home (lancashire to Birmingham) and obviously feel safer with a phone that works!! Help please.

Smiley_Mum

plumb1 wrote:

Hi all,i bought a oven and hob from B&Q in november last year,the oven blew-up yesterday.
The other half went to B&Q today to enquire about a exchnge money back,was informed to contact manufacturer.
I am going to B&Q myself in the morning(to do battle).What facts should i be armed with?ie sales of goods act etc.

This link may be of use to posters on this thread -

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0054-1111.txt

Happy_Helen

I've just got caught out by Marks and Spencer's new returns policy. I took back faulty shirt and was only given a fraction of the purchase value in cash with no receipt. Later found the original purchase document and found I was £10 short. Emailed their customer services and was virtually told that their goods cannot be faulty and because I don't have the shirt nor a receipt they wouldn't, despite the fact that faulty goods by law should be refunded in full, even investigate. The shirt was only bought in March and was bought using &More vouchers (all our purchases on the net and everywhere were made with the &More cards up to this point) so they have a record of the purchase. I have cut up our &More cards and am returning them to the Financial Director with a very bad feeling.

Fran

What was wrong with the shirt?