Consumer Rights Discussion area

trace-j

klb_75 wrote:

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.

Cheeky sods, if it's still only a couple of months you still have rights under the Sale of Goods Act to demand a replacement or repair for free. The Orange Care plan will be an extended warranty type thing, which is over and above your statutory consumer rights. Give your local trading standards a call for some advice, its wrong for them to charge for a new handset when a company of that size is fully aware of what consumer rights apply. See also the OFT's website for more info.

Once you write to them pushing the right 'legal' buttons you'll get results, don't waste your time and money on the phone to them.

asot

I purchased a external computer hard drive in late April and it has now failed. What are my rights with regards to refunds? Also if I am forced to let them repair it then the retailer say it will take 4-6 weeks which I don't think is acceptable, is there anything I can do?

NaVmAn_4

Hi , can anyone help me with my problem?

You know you get these mobile phone vendors that say pay 12 months line rental at £25.00 per/month and they will refund you £200 after 8 months.This place is very similar to onestopphoneshop.

Basically i took out this contact with this company, paid the £25.00 per month to Orange and i forgot to put in my claim for my £200 redemption cheque within the 8 months they had allocated.I put my claim in after 10 months and now they are saying that its just too late . Now £200 is alot of money to pass by, do i hae any rights to pursue this claim?

thanks alot

newfunk

My partner purchased a pair of wooden mule type shoes from Next last week (2nd July), she wore them for the 1st time yesterday, and a small piece of the wood at the front has chipped off, she took them into Next, and the assistant told her that they wouldnt replce them as they are shoes and had been worn, surely she can have them replaced?

I think next's attitude is wrong. Im thought they had to sell goods that would wothstand fair wear and tear. Should I take them to the store and demand a new pair or a refund, and be more assertive, as My partner would not stand up to the assistant!

JeffPHurst

Hello!

Could one of you enlightened souls help answer my question please?

I saw a shirt advertised on the Marks & Spencer website and decided to buy two.
The shirt is described as PURE COTTON in its name and the photogrpah clearly had a PURE COTTON label in the collar. However, I noticed that in the description of the product it had in very small print that it was 65% polyester and 35% cotton.

I asked them if it was pure cotton and whilst waiting for them to reply, I decided not to risk them selling out, so I ordered the shirts.

The reply has finally come back (after many emails) that the small print is actually the only correct piece of information about the shirt. The product name and photo are both wrong.

I understand that I have the right to return the goods as they were not as described etc. but my order confirmation clearly states I have ordered a PURE COTTON shirt. Looking on their website, the shirt that is closest to the one I want (assuming it is incorrectly described) is double the price.

Are M&S under any obligation to send me the right shirt as they have confirmed my order, price and product description?

Many thanks in advance!

/Jeff.

dsinclair999

Hi,

I bought a cooker and a fridge/freezer from Comet 18 months ago. Now the cooker has stopped working and the fridge/freezer is freezing everything in the fridge compartment, even tho it is turned down to minimum. I know I'm 6 months over the warranty period, but surely they shouldn't pack up so soon!
Do I have any comeback under the 'Not fit for use' clause or is it just tough luck?
Comet are being ars*s by the way, they're not interested.

Any ideas anyone.

TIA

DS

buzz123_2

Hi,

Can anyone help please?! We bought a cabinet from a company who sell seconds (not dodgy they appeared in the guardian) but when it arrived the top of the cabinet was faulty. When we bought it they advised sold as seen but we didn't see that otherwise we wouldn't have bought it! When it was delivered we sent it straight back with the delivery men. The company have said they have fixed it and tried to sent it back but we don't want it. Does anyone know what rights we have and whether we have to accept it or not? I would be grateful for any advice.

Thanks

shopbot

As far as I understand it retailers are'nt allowed by law to use 'sold as seen'. This is a statement which restricts a customers rights and is therefore illegal because of your statuatory rights under the Sale of Goods act. This says that goods must be of satisfactory quality, fit for their purpose and correctly described.

In your situation if the fault was not pointed out to you at the time of sale then I think you have a case. However if at the time of purchase you examined the cabinet and should have seen the defect then you do not have a case.

I would phone your local Trading Standards for advice specific case. Please note that the advice above is not offered as legal advice just my personal opinion!
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Fran

JeffPHurst wrote:

Hello!

Could one of you enlightened souls help answer my question please?

I saw a shirt advertised on the Marks & Spencer website and decided to buy two.
The shirt is described as PURE COTTON ..........

..............I understand that I have the right to return the goods as they were not as described etc. but my order confirmation clearly states I have ordered a PURE COTTON shirt. Looking on their website, the shirt that is closest to the one I want (assuming it is incorrectly described) is double the price.

Are M&S under any obligation to send me the right shirt as they have confirmed my order, price and product description?

/Jeff.

I would guess that while you have the right to return the shirts as not being pure cotton, they are under no obligation to send you a different one (the one you say you think is cotton but is twice the price... this one might also not be pure cotton!).

I would write a stinking letter to their customer complaints dept. and state what has happened, mention trade descriptions and ask if you can be sent a pure cotton shirt in compensation for their bad & misleading descriptions of the shirt. I assume that this is what you want (ie the pure cotton shirts for half price). If they don't come up with the shirts you want then why not contact trading standards (or do so anyway?).

I know what you mean about cotton shirts, a mix is just not as comfortable and not the same.

Fran

dsinclair999 wrote:

Hi,

I bought a cooker and a fridge/freezer from Comet 18 months ago. .....

.............Do I have any comeback under the 'Not fit for use' clause or is it just tough luck?
Comet are being ars*s by the way, they're not interested.

I think most people would expect a fridge/freezer and a cooker to work for more than 18 months.

I would put it in writing to Comet's customer complaints and contact your local trading standards who can advise.