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

custardy

TBH i would expect HP to sort you out with an upgrade or a refurb unit with the specs
im surprised its taken this long to get a resolution
time to send a letter by RD delivery giving them a time frame to respond eg 7 working days from receipt to come up with an option trhat givers you the features you bought the unit for

derrick

Just reread the OP, "Purchased this model last year", why wasn't all the features confirmed on delivery? You may have your work cut out!


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custardy

derrick wrote: »

Just reread the OP, "Purchased this model last year", why wasn't all the features confirmed on delivery? You may have your work cut out!


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well some folks just assume what they bought will do what it was meant to and advertised as being able to
i recently used my PCMCIA Card on a similar media type PC
ive had it 2 years
had i removed the blank and found there wasnt a PCMCIA Card mount inside
would it be my fault?

derrick

custardy wrote: »

well some folks just assume what they bought will do what it was meant to and advertised as being able to
i recently used my PCMCIA Card on a similar media type PC
ive had it 2 years
had i removed the blank and found there wasnt a PCMCIA Card mount inside
would it be my fault?

Yes I would say so, surely the consumer has a duty to confirm they get what they order?
Even the SoGA mentions have a reasonable time to inspect, I doubt they mean more than 6 months.

As has been said on here many times,(and I am guilty of it sometimes), never assume.


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LANGO1966

Hi,
thanks for the replies.
The product specification page states product releasse date 8th October 2009.
I purchased this unit in December 2009 after reading the product spec page as I anticipated purchasing an xbox later in 2010.
Regarding the issue over time scale, this is the first time I have had to remove the cover from the input terminal to acess it.
If I order something from a catalogue or web page I expect it to be what Ive paid for.

Dave

derrick

LANGO1966 wrote: »

Hi,
thanks for the replies.
The product specification page states product releasse date 8th October 2009.
I purchased this unit in December 2009 after reading the product spec page as I anticipated purchasing an xbox later in 2010.
Regarding the issue over time scale, this is the first time I have had to remove the cover from the input terminal to acess it.
If I order something from a catalogue or web page I expect it to be what Ive paid for.

Dave

There is a possibility that you can use the SoGA as I mentioned in my post above #81, but don't hold your hope up due to the time scale.

But from the SoGA link above;-
[FONT=&quot]34 Buyer's right of examining the goods[/FONT]

[FONT=&quot]. . . Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract and, in the case of a contract for sale by sample, of comparing the bulk with the sample.[/FONT]

35 Acceptance

(1) The buyer is deemed to have accepted the goods [subject to subsection (2) below--
(a) when he intimates to the seller that he has accepted them, or
(b) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose--
(a) of ascertaining whether they are in conformity with the contract, and
(b) in the case of a contract for sale by sample, of comparing the bulk with the sample.

(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

In relation to my red highlighting I think you have lost all rights under SoGA
A reasonable time is not defined in law, but I would say nearly 12 months is outside a reasonable time.
As I also said in post #85, never assume.

Your OP said;- "Purchased this model last year with the idea of connecting a x-box this year."

Surely with the time involved it would have been prudent to check that you actually got what you paid for, i.e. that the "Video display inputs" were there,I certainly would have.



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GirliePants

Hi all!

I need some advice if possible, although I'm a bit sketchy on detail as I've just come off the phone to my Mum who is a bit upset and I can't get much sense out of her at the moment.

Basically she's had a sofa delivered today (the delivery drivers have been and gone).

She can't get the sofa into her flat but she is still stuck with it in the hallway (I guess the best thing to do would have been to refuse delivery but sadly she didn't do that).

It seems she's taken out some interest free credit to buy the sofa.

She's now being told she can get a replacement but will be charged £150 admin/compensation fee.

Any help would be appreciated! I understood that under distance selling regulations you had a 7 day cooling off period. Does this mean that if she could get the sofa back to the store in one piece that she would be entitled to a full refund? I don't know if buying it under credit helps at all as I'm unsure as to whether the creditor in this case is also the retailer, or indeed if this would make any difference anyway.

EDIT: Sorry, I got a crucial bit of info wrong! She did turn the sofa away, however she's been told she must pay for the sofa whether she accepts it or not, or pay this extra £150 charge to get a new sofa. At this point no money has changed hands.

Optimist

GirliePants wrote: »

Hi all!

I need some advice if possible, although I'm a bit sketchy on detail as I've just come off the phone to my Mum who is a bit upset and I can't get much sense out of her at the moment.

Basically she's had a sofa delivered today (the delivery drivers have been and gone).

She can't get the sofa into her flat but she is still stuck with it in the hallway (I guess the best thing to do would have been to refuse delivery but sadly she didn't do that).

It seems she's taken out some interest free credit to buy the sofa.

She's now being told she can get a replacement but will be charged £150 admin/compensation fee.

Any help would be appreciated! I understood that under distance selling regulations you had a 7 day cooling off period. Does this mean that if she could get the sofa back to the store in one piece that she would be entitled to a full refund? I don't know if buying it under credit helps at all as I'm unsure as to whether the creditor in this case is also the retailer, or indeed if this would make any difference anyway.

EDIT: Sorry, I got a crucial bit of info wrong! She did turn the sofa away, however she's been told she must pay for the sofa whether she accepts it or not, or pay this extra £150 charge to get a new sofa. At this point no money has changed hands.

If she bought it in the shop then Distance Selling Regulations do not apply.

Sorry to say but basically it is your mums fault for not checking dimensions and access. Unless she bought over the phone or via the internet then I fear that paying the £150 is probably the best option

GirliePants

Optimist wrote: »

If she bought it in the shop then Distance Selling Regulations do not apply.

Sorry to say but basically it is your mums fault for not checking dimensions and access. Unless she bought over the phone or via the internet then I fear that paying the £150 is probably the best option

Thanks Optimist, after a bit of digging around I'd come to a similar conclusion! Came across quite a few similar stories with regards to the retailer in question.

Matty007

My Mum bought her Plasma TV 5 years ago for about £2000 from a local retailers at the same time she bought me one too, so the total spend was in excess of £4000.

There is a now a problem and the same retailers have sent out a 'technician' who has advised that it is likely to cost £300+ to mend and recommended her to buy a new one rather than get it mended.

I must stress that she isn't a vulnerable old lady, but I am think should we expect a £2000 TV to last for more than 5 years.

What are your thoughts ?

Cheers

Matty007