Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

wealdroam

SWOT wrote: »

CR in the UK give a guarantee of a year typically... I believe ebay UK's T & C are based on USA rights, which seem appropriate there, but do not reflect UK CR legislation here.

Whether you are right on that point or not, all ebay are saying is that "during the first 45 days following a sale we will assist you with your rights. After that 45 days, you are on your own."

Your rights are with/against the seller.
Ebay are not the seller.

SWOT

Apologies to custardy and any others that think my observations are waffley as for me CR legislation seems to be inconsistent in practise, hence the original request for guidance. Has it been established that:

1. Auction houses are specifically excluded from CR legislation, they're not a service provider?
2. Auction houses can actively support misleading information with impunity, there is no legislation that a consumer can utilise in the defined circumstances.

mlipman3

Nine days ago I took a 3 week old pair of GStar jeans back to a retailer because there were two holes in the back together with a stress rip appearing near them.
The shop wouldn't refund but sent them back to their head office. On Friday I had an email refusing a refund because quote ' we don't refund on rips'.
I hand delivered a letter to the owner on Saturday giving him 7 days to refund or I go to court.
Today 'Fridays emailer' told me that they would have to send them back to Holland to GStar and it would take 4 weeks and they would only refund if GStar said there was a fault.
My response to the shop was that on Friday it was a rip and now they're not sure in which case I want my refund now as my contract is with you.
They told me that they also have rights and don't have to refund unless GStar say so even though it is obvious it is a manufacturing fault.
Needless to say I have reinformed the owner that legal action will commence on Friday. We will see !

Debs86

Hi,

I bought a brand Corsa VXR from Vauxhall two years ago on finance. A month or so after purchasing it, I had a letter to say the car had been recalled for a problem with the handbrake. I took the car into the garage and they fixed it. Next thing, my exhaust bracket kept falling off. I had to take my car back to the dealer three times altogether to have it replaced. They then decided to replace the exhaust back box. The last time that the bracket fell off, I was driving down the motorway and could not do more than 50mph because of it and this is in a sports car. At the point of them replacing the exhaust back box, I was extremely fed up of having to constantly go back to Vauxhall with problems with my car. This all happened within the first year. Four days ago, I received a call from Evans Halshaw saying that my car was being recalled again, this time for a problem with the brake pads (they could crack under extreme or heavy braking). At this point, I want to complain as my car is obviously not fit for purpose but I am not sure what my rights are. Being a young driver, I was wondering if anybody has any advice for me as I am sure many people have been through this before.

Thanks :-)

custardy

Debs86 wrote: »

Hi,

I bought a brand Corsa VXR from Vauxhall two years ago on finance. A month or so after purchasing it, I had a letter to say the car had been recalled for a problem with the handbrake. I took the car into the garage and they fixed it. Next thing, my exhaust bracket kept falling off. I had to take my car back to the dealer three times altogether to have it replaced. They then decided to replace the exhaust back box. The last time that the bracket fell off, I was driving down the motorway and could not do more than 50mph because of it and this is in a sports car. At the point of them replacing the exhaust back box, I was extremely fed up of having to constantly go back to Vauxhall with problems with my car. This all happened within the first year. Four days ago, I received a call from Evans Halshaw saying that my car was being recalled again, this time for a problem with the brake pads (they could crack under extreme or heavy braking). At this point, I want to complain as my car is obviously not fit for purpose but I am not sure what my rights are. Being a young driver, I was wondering if anybody has any advice for me as I am sure many people have been through this before.

Thanks :-)

well for starters

thread_title wrote:

Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

secondly,its a sporty car.not a sports car

recalls are generated from the manufacturer
every marque has recalls
nobody forces you to get them done
however its always wise to get them done


so from what I read
you have 2 recalls,both on safety issues
would you rather the makers don't bother to address these?

you had an issue with the exhaust,the dealers finally remedied this with a complete replacement unit

Debs86

Oops sorry, I obviously did not read that properly!! I will find advice elsewhere. Thanks

custardy

you already had it

Blackeye

Please check out this page I came across the other day its an
extract from the europa.eu website
Shopping abroad

Updated : 12/2011
Guarantees

Two-year guarantee


Wherever you buy goods in the EU

, you have two years to request repairs or replacement if they turn out to be faulty or not as advertised. If a product cannot be repaired or replaced within a reasonable time or without inconvenience, you may request a refund or price reduction.

The two-year guarantee period starts as soon as your goods are delivered, and you must inform the seller of the fault within two months of discovering it.
The seller is always liable, and in some EU countries you also have the right to request a remedy from the producer.
Sample story

Non-conformity of goods is not always immediately apparent

Mirek ordered a laptop, which appeared to work well. However, more than a year after buying it, he discovered that it had less memory than it was supposed to have.
Although this problem had not been obvious to him immediately, and the laptop was still functional, it nonetheless did not conform to what was advertised when he bought it. Mirek was therefore able to obtain a refund from the shop.

Additional seller’s guarantee

Shops will often offer you a guarantee, either included in the product price or at an extra cost. This does not replace the minimum two-year guarantee, which you still have.
Similarly, if a shop sells you a new product more cheaply on a ‘no guarantee’ basis, this only means that you don’t have any additional protection. You still have two years to seek redress if the product turns out to be faulty or not as advertised.
Sample story

Your two-year guarantee cannot be shortened by a commercial guarantee

Carla bought a hairdryer with a six-month seller’s guarantee.
When it broke after eight months, she took it back to the shop. The shop assistant told her that her guarantee had run out, and that she was not eligible for a refund.
Carla rightly pointed out that she had a full two-year guarantee under EU consumer protection law, and that the seller’s six-month guarantee only offered additional protection.

Second-hand goods

In the case of second-hand goods, the buyer and seller can agree to a guarantee period of less than two years, but no shorter than one year. This should be made clear to you at the time of purchase.

Still need help?

Haven't found the information you need? Do you have a problem to solve?
Footnote

In this case, the 27 EU member states + Iceland, Liechtenstein and Norway

• Feedback Help us to improve this website
  Tell us how we can improve the content of this page (max. 500 characters).
  Please note that you will not receive a reply.
  If you need help or a personalised reply, you can use our instead.
  
  Send my feedback
  
  
  

• 00 800 6 7 8 9 10 11
• E-mail
• Europe Direct centres
• Web chat

Share***************************************************


Does this mean all products sold in the UK have a min two year guarantee and one year if secondhand.

Can anyone confirm the validity of this page or is it another low profile secret within the EU

All comments would be greatly appreciated.

wealdroam

Blackeye, I'll just comment on the first point in that article...
"In England you have six years to request repairs or replacement if they turn out to be faulty or not as advertised. If a product cannot be repaired or replaced within a reasonable time or without inconvenience, you may request a refund or price reduction."

I'll leave you to have a read of some of the documents linked to at the top of this webpage and discover more discrepances.

nadmaj

Hello

This is a long one but i'm going to put it into a nutshell

I bought a fridgefreezer from currys with a 5 year whtever happens policy - just a month before the policy expired i put in aclaim for freezer drawer and some extra items for the fridge to parts master - i did ask if there was a limit on how many things i could order and the guy on the phone said no my order was taken and given a reference no and told to wait 4-6 weeks. So 6 weeks later nothing
i rang and chased up the order and was told that there was a delay in the order as it had to go through accounts due to the extra fewthings i had ordered - and was told that someone should have confirmed this with me - i told them no one did and had to wait ..... 3 weeks later nothing, rerang and went through the whole process and this timei was told to send in picture of the items that were damaged with an explanation letter - i did this weeks later nothing re rang and said they did not get the letter i read out the address and toldthat it was wrong so had to rephotograph and repost the pics and letter and this time the policy and expired due to the very long time that had been wasted going back and forth and waiting for the order to be processed, i re rang and said that can i put an order through just for the main drawers to be replaced and was told no as the policy had expired i explained that i did put an inital order in before but you messed me about so much time had elapsed, so i still want to claim my items, this time a manager rang me up and said this i couldn't have claimed in the first instance and i explained that i only bought the policy on the basis ofaccidental damage and was was the point of the whatever happens policy and accidenta ldamage was covered but he said no and put the phone down...... so after all that i left it basically he just wanted to fob me off but i was so fed up that i left it

but then recently i went into currys and by chance mentioned this to a member of staff and he said that my claim should have been processed as accidental damage is covered and that as the freezer drawers were broken and the main freezer door ws unable to close my food was spoiling,so now i emailed currys and explained what the member of staff said and if i could reopen my claim, got a letter saying no

so where do i stand, iv ereread the t and c and accidental damage is covered and i feel cheated out of my money and been fobbed off