Quick questions on Consumer Rights

waamo

Axon wrote: »

I took out a £3 sub for the Times for 3 months to view an article and didn’t use the service again. I couldn’t cancel it online and it auto renewed on 24 Feb for £26. I’ve not used it and when I rang them they said that I wasn’t entitled to a refund because I’d agreed to the contract. I asked about why they hadn’t sent me an email advising me about a cooling off period and they said they didn’t have to give one for the £3 trial, and therefore didn’t have to give me a cooling now off period in writing or notify me that the trial period was ending. I’m assuming they’re right and I have no legal right to a refund on that basis?

They are correct.

DoaM

Axon wrote: »

I couldn’t cancel it online

Is that because the online cancellation wouldn't work? Or because they don't allow online cancellation and expect you to either write (letter or email) or phone to cancel?

(i.e. was it their system fault, or your "lack of reading the T&Cs" fault?)

kezatron

I bought a top from Zara yesterday. I took off the tag went to wear it this morning and noticed it had a hole in it. Took it to exchange today and they refused. Are they allowed to do this? I haven't even worn it!

DoaM

If the goods are faulty then No, they aren't allowed to do this.

kezatron

I'm sorry I don't know how to quote reply :$

The manager said that because the hole was in the back it can't possibly have been a manufacturing error, and therefore it isn't their fault. She seemed to be blaming me despite the fact I haven't worn it.

Can I quote Consumer Rights Act 2015 at them in writing and demand a full refund now?

tomruth78

We bought an integrated Bosch Dishwasher from JL in January 2014. We also purchased a five year warranty that expired on 19 Jan 2019. We have had an error E15 appear which is a bad problem now. The error did appear before the warranty expired but was only temporary and it would work again so we did not chase an engineer. We have been told we are outside our warranty by six weeks and there is nothing that can be done. Should we just give up and buy a new one, or is there any goodwill JL can extend to us? Has anyone had any luck with them in a similar situation.

Bermonia

Only JL can answer that question, however given I would consider it highly unlikely.

unholyangel

kezatron wrote: »

I'm sorry I don't know how to quote reply :$

The manager said that because the hole was in the back it can't possibly have been a manufacturing error, and therefore it isn't their fault. She seemed to be blaming me despite the fact I haven't worn it.

Can I quote Consumer Rights Act 2015 at them in writing and demand a full refund now?

Technically if you opt for a refund then its up to you to prove it inherently failed to conform to contract.

Where if you opt for a repair or replacement, then the assumption is that it inherently fails to conform to contract (remind the shop that your rights don't just cover manufacturing defects) and its for the retailer to prove otherwise.

danthemanlfc

Ordered two similar coats from separate companies, accidentally sent them back to the wrong ones (parcel and label ok, wrong coat). Company A informed me of the error and sent it straight back.

Company B have essentially lost it in their warehouse (now >2w since delivered) and are now denying any liability despite having used their return tracking postage label and me having proof it was delivered there. Asked me to call company A to chase who rightly say nothing to do with them and I should have some legal standing as B have lost something with their postage label (i.e. would be in the same situation if it had been the right product in the parcel)

Tried calling company B back just then, 5 mins after the first call, said they would transfer me to the original call handler, on hold for a minute then transferred straight to the feedback/end of call message...needless to say they didn't score highly! They have been useless with replying to emails in general as well.

Is the law on my side here and do I need to take this to a small claims court if so?

deethebee

danthemanlfc wrote: »

Ordered two similar coats from separate companies, accidentally sent them back to the wrong ones (parcel and label ok, wrong coat). Company A informed me of the error and sent it straight back.

Company B have essentially lost it in their warehouse (now >2w since delivered) and are now denying any liability despite having used their return tracking postage label and me having proof it was delivered there. Asked me to call company A to chase who rightly say nothing to do with them and I should have some legal standing as B have lost something with their postage label (i.e. would be in the same situation if it had been the right product in the parcel)

Tried calling company B back just then, 5 mins after the first call, said they would transfer me to the original call handler, on hold for a minute then transferred straight to the feedback/end of call message...needless to say they didn't score highly! They have been useless with replying to emails in general as well.

Is the law on my side here and do I need to take this to a small claims court if so?

Even though you sent them the wrong coat, it's your property and you have evidence that it is in their possession and as such if they have lost it then they must take responsibility for it. According to the law, if something is delivered to your address you have a duty of care and the sender has the right to take recovery action against you if they can prove that you received it. If they refuse to do anything, I'd send them a letter before action (which you can find on the Citizen's Advice Bureau) and tell them that they have 14 days to respond with a resolution to either cover the cost of the coat they have lost or send it back to you and if not then you will take action in the Small Claims Court. This should get them to take some action.