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

JulesE34

oliverhale wrote: »

I have a generic question.

If something does not lasted a reasonable amount of time (SAD FART!), but the store say they will repair it, do you have a right to have a refund instead of the repair?

I also am interested in replies to this query, however I have a more specific issue.

Bought a mobile 'phone (LG 'cookie') on 31st August. Last week the touch-screen 'locked up' and now the phone cannot be operated at all.

Phones4u state that they will only repair the unit as it's outside their 28 day replacement policy, however I don't think that the phone has lasted a reasonable length of time (Fit for purpose and durable) and I want a replacement. Phones4u just won't play ball and keep insisting on a repair.

Is it unreasonable to expect a mobile phone to last longer than 7 weeks? If I am not being unreasonable, how do I reject the goods in a way that will get them to 'play ball'?

Cheers

Jules

jay666

Any advice please - bought new PS3 August 2009 - hard drive appears to have gone Playstation want £130 to repair/replace. Am I correct that under EU Law this should be covered by a 2 year warranty?

Googlewhacker

jay666 wrote: »

Any advice please - bought new PS3 August 2009 - hard drive appears to have gone Playstation want £130 to repair/replace. Am I correct that under EU Law this should be covered by a 2 year warranty?

No, the sale of goods act takes priority, you would need to prove to the RETAILER and not the manufacturer that a) you purchased it from them (ie bank statement, recipet etc) and b) it had an inherent fault which you could get by getting an independant report done but you would have to pay for this but you should get it back.

Googlewhacker

dawny1966 wrote: »

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??

Unfortunately you are stuffed, Comet can give you a pro rata refund so I would look at making arrangements until the manufacturer can exchange.

Googlewhacker

JulesE34 wrote: »

I also am interested in replies to this query, however I have a more specific issue.

Bought a mobile 'phone (LG 'cookie') on 31st August. Last week the touch-screen 'locked up' and now the phone cannot be operated at all.

Phones4u state that they will only repair the unit as it's outside their 28 day replacement policy, however I don't think that the phone has lasted a reasonable length of time (Fit for purpose and durable) and I want a replacement. Phones4u just won't play ball and keep insisting on a repair.

Is it unreasonable to expect a mobile phone to last longer than 7 weeks? If I am not being unreasonable, how do I reject the goods in a way that will get them to 'play ball'?

Cheers

Jules

I would say that after 7 weeks you will not get a refund. Reasonable time period is subjective and if you don't agree you would need to take them to court and let a judge agree.

deeb604

I ordered a wii game and a ds game from asda entertainment online on the 4th Nov. On 5th Nov they emailed me to say they had been dispatched and to allow upto ten working days. I did and when I didn't receive them I emailed them through their website as advised. I hadn't heard anything yesterday I emailed them again. Today they replyed with a generic email asking for the order number so I phoned them. I was told the wii game is less than £20 so they can send me another one, however the ds game was £27.91 so they would have to post me a claim decleration, I sign it and send it back. They posted the items through royal mail and are now sending me the form through royal mail. This is a christmas present and im upset I have paid for this item and now have to mess around to get another one, despite me not being in the wrong. The first man I spoke to told me he could email me the form, however when i didnt receive it i phoned again only to be told he had informed me wrong and one should be posted out from the relevant department asap. Im not opptimistic I'll recieve this by christmas. Im not happy with their lack of customer service and would not recommend people using this company or royal mail this christmas if you want your goods. I am not sure what my rights are?

custardy

deeb604 wrote: »

I ordered a wii game and a ds game from asda entertainment online on the 4th Nov. On 5th Nov they emailed me to say they had been dispatched and to allow upto ten working days. I did and when I didn't receive them I emailed them through their website as advised. I hadn't heard anything yesterday I emailed them again. Today they replyed with a generic email asking for the order number so I phoned them. I was told the wii game is less than £20 so they can send me another one, however the ds game was £27.91 so they would have to post me a claim decleration, I sign it and send it back. They posted the items through royal mail and are now sending me the form through royal mail. This is a christmas present and im upset I have paid for this item and now have to mess around to get another one, despite me not being in the wrong. The first man I spoke to told me he could email me the form, however when i didnt receive it i phoned again only to be told he had informed me wrong and one should be posted out from the relevant department asap. Im not opptimistic I'll recieve this by christmas. Im not happy with their lack of customer service and would not recommend people using this company or royal mail this christmas if you want your goods. I am not sure what my rights are?

so,nobody should use royal mail this Christmas? who would you recommend in place?
it helps if you add paragraphs to your post.
Asda are going through their set claims process.just fill in the form and return it
you can kick up a fuss etc but it most likely wont speed anything up, and you are dealing with a Jersey based company

Sharon99

I hope you can help.

I bought an Aerobed inflatable air bed (for use on the rare times when we get two sets of parents visiting - once or twice a year) on 19/12/2009 for £275.

The bed was used for 4 days over Christmas and was fine. However the next time we tried to inflate it in May, we discovered it had a leaky valve. We contacted the retailer (John Lewis) who replaced the whole bed with no problem on 11/05/2010.

Last week we again had visitors, but when we inflated the bed it inflated unevenly, with a pronounced lean on one side.

I again contacted John Lewis who said they will replace.

My question is whether I can push for a full refund on the basis that "goods did not conform to contract", as I have totally lost faith in the reliability of this product?

Your direction would be greatly appreciated.

Thank you in advance.

derrick

Sharon99 wrote: »

I hope you can help.

I bought an Aerobed inflatable air bed (for use on the rare times when we get two sets of parents visiting - once or twice a year) on 19/12/2009 for £275.

The bed was used for 4 days over Christmas and was fine. However the next time we tried to inflate it in May, we discovered it had a leaky valve. We contacted the retailer (John Lewis) who replaced the whole bed with no problem on 11/05/2010.

Last week we again had visitors, but when we inflated the bed it inflated unevenly, with a pronounced lean on one side.

I again contacted John Lewis who said they will replace.

My question is whether I can push for a full refund on the basis that "goods did not conform to contract", as I have totally lost faith in the reliability of this product?

Your direction would be greatly appreciated.

Thank you in advance.

JL are being very reasonable in replacing the bed twice,(they can repair, replace or refund at their discretion), I would accept the second replacement and inflate/deflate once a week for the next few weeks, if it is OK then problem solved, if not ask JL fro a refund, but I doubt you will receive a full refund as you have had it for nearly 12 months, but you never know until you ask.


.

Optimist

Sharon99 wrote: »

I hope you can help.

I bought an Aerobed inflatable air bed (for use on the rare times when we get two sets of parents visiting - once or twice a year) on 19/12/2009 for £275.

The bed was used for 4 days over Christmas and was fine. However the next time we tried to inflate it in May, we discovered it had a leaky valve. We contacted the retailer (John Lewis) who replaced the whole bed with no problem on 11/05/2010.

Last week we again had visitors, but when we inflated the bed it inflated unevenly, with a pronounced lean on one side.

I again contacted John Lewis who said they will replace.

My question is whether I can push for a full refund on the basis that "goods did not conform to contract", as I have totally lost faith in the reliability of this product?

Your direction would be greatly appreciated.

Thank you in advance.

JL are acting quite well in offering to replace but given you have already reported, faults and had it remedied then you have a good case for a full refund, but it depends on how much hassle you want.

I would reject the goods on the basis that it is not up to the standard you or indeed a reasonable person would expect it to be. i.e. it doesn't conform to contract

If they don't accept your argument then you would probably have to go to court.

There is actually a legal precedence for this and a full refund would be expected

However as I said if JL reject your argument then its court at which point you need to ask yourself if its worth the hassle.