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

carriebardenmarshall

Hi I wonder if anyone can help me? I brought some boots online, which delivered with a faulty. I returned them to their warehouse to be checked at a cost of £8 postage, having also paid £5 delivery.

The company have refunded my £50 ( at last), but they say that i am not entitled to a refund of my return postage. I could understand it if i just did not want them. Also, due to their late responce to my e mail advising them of the fault, it was too late for an exchange.

So am i right..... or am i wrong

Thanks
Carrie

lee_annef

bought HOOVER VHD8142 1400 8KG AAA WHITE in July 2007. has worked quite well but now digital display is not connecting correctly with the wash programs. what can i do about it?

derrick

carriebardenmarshall wrote: »

Hi I wonder if anyone can help me? I brought some boots online, which delivered with a faulty. I returned them to their warehouse to be checked at a cost of £8 postage, having also paid £5 delivery.

The company have refunded my £50 ( at last), but they say that i am not entitled to a refund of my return postage. I could understand it if i just did not want them. Also, due to their late responce to my e mail advising them of the fault, it was too late for an exchange.

So am i right..... or am i wrong

Thanks
Carrie

You are entitled to ALL of your money back if it is faulty under DSR, (also under SoGA)

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]


From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.


SoGA See section [FONT=&quot]Part 5A[/FONT] [FONT=&quot]Additional Rights of Buyer in Consumer Cases, [/FONT] 48A-48C

[FONT=&quot]
[/FONT]

derrick

lee_annef wrote: »

bought HOOVER VHD8142 1400 8KG AAA WHITE in July 2007. has worked quite well but now digital display is not connecting correctly with the wash programs. what can i do about it?

Contact the retailer, (not the manufacturer),under SoGA, as it is over 6 months old they may require you to obtain an engineers report, (refundable if manufacturing fault), to confirm not misuse.


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studentrach

I purchased a new HP laptop in April 2010, having had an older model with a screen problem, I stupidly thought that buying a newer model would solve the problem. However, this week it has gone wrong with the same fault (it powers up, but the screen does not show anything):(. I am a student and am pretty ticked off as this is the only means I have to access my course material. I now want to contact the retailer (an on-line company) and ask them for my money back on the basis that the product is not fit for purpose. Is this unreasonable ? do I have any legal position or is this a bit weak?. I am so fed up and I really don't want anything to do with Hp laptops any more. Can anyone please advise?

chess_010

I would insist on repair or replacement as it is under warranty or get them to replace with item of similar spec. It is up to them to fix or replace . They will not want to repair as it will cost more to replace that the item is worth so should be forced into giving you similar product without cost to you even if greater cost of item. I think you have a good case.I had a similar experience with a set top box from Aldi and they replaced with similar product but not sure of the cost of the item which they replaced with .The original product was not sold anymore an no ne available in the UK.

GaryPM wrote: »

Hi,

Would someone mind looking at the following please, just to see if I am being unreasonable?

• On 16/12/08 I bought a DVD and HDD recorder/player for £89.02 which was faulty on arrival (unable to tune in and no SCART output). I returned this and it was found by ebuyer to be faulty. They replaced this item on 05/01/09. (This was supposed to be a xmas present)

• On 29/07/09 the replacement item would not switch on. I requested a return on this date and sent it back. They found that the item was faulty and again, issued a replacement on 10/08/09.

• On 28/07/10 the 2nd replacement would not switch on. Again, I requested a return on this date and sent it back. Ebuyer found that the item was faulty again. This time, a replacement has not been offered as they no longer stock them and Ebuyer have also failed to offer a repair or FULL Refund.
  

1. I looked on their website and found an identical spec machine. It is a more expensive item (different manufacturer) but is the lowest priced in the range and asked if they would give me that as a replacement. I was told 'NO'.
2. I have asked for a repair but been ignored.
3. I have a asked for a full refund but told I will only get a partial refund as a "proportionate deduction for it's age", will be made - they offered me £64.15 which is almost 39% deduction! There's no way I could replace the item for that amount.

On all 3 occasions they have acknowledged that the item is faulty but are now stating that because it is after 6 months, it would be up to me to prove the fault. :undecided


I've emailed them stating all of the issues and quoting the "Sale of Goods Act 1979 (as amended)" - this was advised by Consumer Direct, but i'm getting nowhere......

To add insult to injury, they also sent me a faulty item on another order which I placed a week before the item above failed. It was a Hard Disk Drive for a Computer and was DOA. I sent this back to them and they replaced it.....

Any advice gratefully received,

Thanks.

zorber

Brett35 wrote: »

Hi can someone tell me if i'am right about this. According to the eu a guarantee in england is up to 6 years. Ive been on the eu web site and it says it But i just want someone else to back me up.

Just to make sure iam right.
Anything would help.

The answers no
You do not have a guarantee for 6 years.

You do however have the right to seek damages or an alternative remidy from a company for up to 6 year in england. Though you have to prove that what ever you problem is, has an inherant fault. This is more tricky then it seems.

You cannot just go into a shop and say i have a 6 year guarentee as you dont.
Also not every item is expected to last for 6 years

Riapia

Hello, we have a Hotpoint washing machine less than 18 months old, and a cooker less than a year old. Both have started to rust and in BOTH cases, warranties and manufaturer cover will not deal with the rust as they deem it 'cosmetic'. Surely this can't be reasonable - is it not reasonable to expect a home appliance to last rust free for a few years at least?? Anyone had any experience of getting replacements?

hawker955

Riapia wrote: »

Hello, we have a Hotpoint washing machine less than 18 months old, and a cooker less than a year old. Both have started to rust and in BOTH cases, warranties and manufaturer cover will not deal with the rust as they deem it 'cosmetic'. Surely this can't be reasonable - is it not reasonable to expect a home appliance to last rust free for a few years at least?? Anyone had any experience of getting replacements?

Not sure about the cooker, but have you let the washing machine get wet? That might give them an excuse not to stick to the warranty...

dawny1966

Bought a samsung american fridge freezer from comet some 20 months ago and the fridge started icing up inside. Comet said as their warranty is for 12m we needed to contact samsung direct for the remainder 12m warranty which our product would now be covered for (24m guarantee in total). I did this and Samsung have now sent an engineer 3 times and they have done various things to it and it still continues to ice up, they have a report saying it cannot be mended and eventually if it ices up too much the fan will ice up and the whole fridge part will be unrepairable. Samsung have said they cannot give a replacement until Jan as not in stock, I asked if this was because I have seen on the internet that our version has a fault and all they said was they will offer a refund pro rota as we have had it now for 23 months. How do we stand on this pro rota basis, my argument is that we bought it through comet on a special bank hol offer weekend at £699, if we have a refund never mind a pro rota refund the same fridge freezer is £1000 to buy at this moment in time, its not our fault the product was faulty and they dont have a replacement in stock surely??