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

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  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    CurtisNN wrote: »
    Do I have anything to go off here, or should I get out the old thread and needle?
    CurtiisNN, the first thing you should do is have another read of the title of this thread.

    Especially the bit that says...
    DO NOT ASK CONSUMER QUESTIONS HERE
    .
  • Well, reading through many others have asked for advice and been given it...
    Sorry for doing what a lot of people have already done...
  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    CurtisNN wrote: »
    Well, reading through many others have asked for advice and been given it...
    Sorry for doing what a lot of people have already done...

    In its early days this thread did indeed have people asking questions.

    The request not to ask questions on a discussion thread generated by the forum team was added later. Since that time the majority of questions by members who fail to read the thread title correctly have been moved out to threads of their own.

    The advice given by wealdroam was correct.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
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  • There's an ambiguity in your article - or perhaps even in the applicable laws. Under the circumstances where I am entitled to 'a repair or a replacement' from a vendor, who has the discretion?

    In other words, if he offers me a repair, which might take a while, can I refuse that and insist on a replacement,which might be immediate if (say) I can see that he has the product in question in stock?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    There's an ambiguity in your article - or perhaps even in the applicable laws. Under the circumstances where I am entitled to 'a repair or a replacement' from a vendor, who has the discretion?

    In other words, if he offers me a repair, which might take a while, can I refuse that and insist on a replacement,which might be immediate if (say) I can see that he has the product in question in stock?
    In the second article, How to Complain, it says...
    What to expect: Your choice of repair, replacement or a partial refund. Whether to ask for a repair or replacement is your choice. Yet the retailer can say no if the cost for it is too high. Instead, it can offer compensation; usually a partial refund or credit note.
    Section 48B of the Sale of Goods Act 1979 says...
    (2)If the buyer requires the seller to repair or replace the goods, the seller must—
    (a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
    (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
    (3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
    (a)impossible, or
    (b)disproportionate in comparison to the other of those remedies, or
    (c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
    (4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
    (a)the value which the goods would have if they conformed to the contract of sale,
    (b)the significance of the lack of conformity, and
    (c)whether the other remedy could be effected without significant inconvenience to the buyer.
    Hope that helps.
  • hiya i bought a microwave from asda on 24th of dec last year, i dont use it that often and when i come to useit last week it wouldnt work the light and everything come on but it didnt cook or heat food up properly i have been in touch with asda and they say i need a reciept or statement if payed on card, unfortunatly i payed cash as far as i remember and i cannot find my reciept what can i do to get my item exchanged
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    nezy1108 wrote: »
    hiya i bought a microwave from asda on 24th of dec last year, i dont use it that often and when i come to useit last week it wouldnt work the light and everything come on but it didnt cook or heat food up properly i have been in touch with asda and they say i need a reciept or statement if payed on card, unfortunatly i payed cash as far as i remember and i cannot find my reciept what can i do to get my item exchanged


    In the first instance, read the first post in this thread then proceed as instructed.

    .
    Don`t steal - the Government doesn`t like the competition


  • emmilou
    emmilou Posts: 297 Forumite
    Part of the Furniture Combo Breaker
    Hi, can anybody help me?
    I brought a Asus tablet whilst in the US in August from amazon.com, it has now developed a fault with the screen. I have contacted Asus UK who have acknowledged the fault but because it was purchased outside of the country the warranty isn't valid. Amazon both in the UK and the USA have also refused to help.

    Can anyone advise me on my rights or what my next step should be.
    Thanks
    • Make 2023 in 2023 # £00/2023
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  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    emmilou wrote: »
    Hi, can anybody help me?
    I brought a Asus tablet whilst in the US in August from amazon.com, it has now developed a fault with the screen. I have contacted Asus UK who have acknowledged the fault but because it was purchased outside of the country the warranty isn't valid. Amazon both in the UK and the USA have also refused to help.

    Can anyone advise me on my rights or what my next step should be.
    Thanks
    Emmilou, your first action should be to read of the post immediately before yours.
    Did you notice the title of this thread?

    Secondly, I fear you will have to pay for any repair.
  • marrich
    marrich Posts: 54 Forumite
    Part of the Furniture 10 Posts
    edited 23 January 2013 at 6:59PM
    We recently bought a car from our local Audi dealership believing that it had been one of their demonstration models. When we received the V5 this morning we noted that the first owner was listed as a car rental company. This sounded an alarm bell and I also found, buried in a very thick folder that there is an outstanding loan arrangement on the car.

    The salesman now claims that he 'might have' said that the car was a demonstrator but there is no outstanding loan on the car and that he can give me proof once the listing is removed from HPI. What he certainly did not say that the car was not owned by the dealership, belonged to a car rental company and had a loan listed on HPI. He also could not tell me how long the car had been at the dealership. Not impressed.

    I have contacted trading standards but could not speak to the right person today. Any thoughts on what we can do? The car seems to be running perfectly and it would be very inconvenient and costly to return it, cancel the insurance and then hunt around for another car, so on balance, we would rather keep it. However we do feel the car's history was misrepresented to us and could impact on re-sale value. Our thought is to approach head office for some form of compensation. Has anyone had any experience of this? Thanks
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