Quick questions on Consumer Rights

kerry_lee6

Hello just wanted to know what was best to do. I bought a car from a little garage about 6 months ago. I had quite a few problems with the car and when i took it back to the garage, he seemed like he didnt want to fix it and kept fobbing me off with silly things, I eventually took it to another garage and whilst having a service they found out it had a big problem with the exhaust. Some thing about it had been bolted to the manifold wonky so it had ruined the engine and they didnt know how much it would cost to get fixed. As the car didnt cost loads i decided to scrap it last week. Then tonight i have had a police man come round and tell me that the car was meant to have already have been scrapped once before due to the previous owner nearly dying from poisoning from the exhaust, Thay have all the details on the garage and i was wondering i would have a chance of compensation as i already lost out on the money i paid for the car and the extra money i had to pay out for from the garage that noticed the problem? If any one could give me advice that would be great.

bornjoyful

ah! not sure i am posting right.

I bought a pair of boots for £130 - this was 3 years ago but i only wore them 5 times (maybe only 4!!) before the sole came off. Basically they had under 50 hours of use

My local shop (did nto buy them there) said they send back to manufacturer and they can tell if sole work much or not.

However shop I bought from has gone out of business so cannot return there. I have bank statement.

manufacturer says must return to original shop!

I knwo its been a while but really they have not been worn.

is it possible that glue becomes old after 3 years- the entire sole has come away and they are a wedge boot by Fly London.

opinions?
thanks

vickyvale

quick question/clarification

I'm looking to buy a dress from a seller who uses etsy as one of their shop sites - they do this for a living so it's not just a casual seller. My only concern is with regard to refunds/returns if the item doesn't fit well or I decide I don't like it on (obviously in the real world I'd try before buying). Presumably this would come under the distance selling regulations so if it didn't fit/I changed my mind within 7 days of receipt I can get a refund.

However I want to query this as on their esty page they state under their policies "All new items from our ********** range can be exchanged for alternative item, different size, store credit provided they are returned promptly in same unworn condition as they were received in, with all tags intact" (seller name removed) - so does this mean I would have to accept store credit if I didn't see anything else I wanted in exchange or would they still have to abide by the distance selling regs first?

I'm hoping there won't be an issue, but I'd rather be sure before I fork out £50 on a dress. The seller is based in the Uk by the way so there's no issue with other country's rules.

wealdroam

vickyvale wrote: »

quick question/clarification

I'm looking to buy a dress from a seller who uses etsy as one of their shop sites - they do this for a living so it's not just a casual seller. My only concern is with regard to refunds/returns if the item doesn't fit well or I decide I don't like it on (obviously in the real world I'd try before buying). Presumably this would come under the distance selling regulations so if it didn't fit/I changed my mind within 7 days of receipt I can get a refund.

However I want to query this as on their esty page they state under their policies "All new items from our ********** range can be exchanged for alternative item, different size, store credit provided they are returned promptly in same unworn condition as they were received in, with all tags intact" (seller name removed) - so does this mean I would have to accept store credit if I didn't see anything else I wanted in exchange or would they still have to abide by the distance selling regs first?

I'm hoping there won't be an issue, but I'd rather be sure before I fork out £50 on a dress. The seller is based in the Uk by the way so there's no issue with other country's rules.

Well the general answer is if they are a business and if they regularly sell at a distance the DSRs apply.

Have a read of the OFTs Guide to DSRs for further detail.

Remember, if you do decide you want to send the goods back, then you may well have to pay the return postage yourself.
Again, for exact details on whether you will have to pay the return postage or not, have a look at that OFT guide.

vickyvale

Thanks. I had looked at the oft regulations before posting, but with it being a small private run company and with them stating on the site under their policies about store credit only I wasn't sure if there was a loophole. Thanks for the clarification - I'm hoping their won't be any issue but figured it's worth checking first just in case. It doesn't bother me if I had to pay the return postage just as long as I'd be able to still legally request my money back.

virtuous

I bought some furniture 3 weeks ago but the man who delivered came in and had a lot of errands to do since I had just moved house. To cut the whole story short, it was 2 bedside cabinets and a chest of drawers all covered with cling film and they are still sealed. This shop do not open on a Sunday therefore when I got home that evening and inspected the furniture it was wrong ones, I emailed the guy who delivered them and he told me that he will check in their catalogue to see if there are other types of chest of drawers but what was in their catalogue is so expensive and therefore I asked him to pick up the furniture. At first he was OK and told me that I would to pay £20 for pick fee, I said Ok but when he was meant to pick up on Tuesday last week, I kept calling him and he was dodging my calls eventually he called me back and he told me that I would to take this issue up with his boss, so I asked him to give me his number, I called him and told him that I do not like the furniture delivered and as such I want the furniture picked up. Again this so called boss told me that to look on the net for any of the furniture that I wanted picked and they will buy similar for me. So I found an IKEA chest of drawers and bedside cabinets and he emailed me back saying that they do not buy IKEA. I emailed him back last night telling him that if the flat was not rented then I would go for expensive but this is a rented flat and do not want to incur any more expenses. The truth of the matter is they do not want to refund me my money and now I have furniture in my house all sealed with cling film which I am not using and I am not getting any where. Can anyone help me please on what to do next.

bod1467

This isn't a question that warrants a Yes/No answer, so you might be better starting your own thread. If you do, I'd suggest you proof-read it first and also put in some paragraphs etc. - basically make it easier to read.

i_like_shoes

Hi ..... thanks if you can help me !!

I purchased a bed from Tesco in the sale about 6 weeks ago and the "feet" on the middle strut have broken !!!

I've tried to fix it myself, and find the replacement parts but to no avail.

I've been onto Tesco and they have been very helpful and refunded me for the various solvents i've used to mend it, however where do i stand if they say they'll offer me a refund ... which they have. The bed was in the sale and is now discontinued and to be honest i wont get a bed for that price now .......

They've looked for a replacement in their stock, but they are all now back to their original prices.. so i'm in a bit of a pickle really.

They can't get the parts, exchange is now discontinued, replacements are over £250 more and i really dont want a refund then i wont be able to afford the same bed at the original price !!!!!!

TambourineGirl

i_like_shoes wrote: »

Hi ..... thanks if you can help me !!

I purchased a bed from Tesco in the sale about 6 weeks ago and the "feet" on the middle strut have broken !!!

I've tried to fix it myself, and find the replacement parts but to no avail.

I've been onto Tesco and they have been very helpful and refunded me for the various solvents i've used to mend it, however where do i stand if they say they'll offer me a refund ... which they have. The bed was in the sale and is now discontinued and to be honest i wont get a bed for that price now .......

They've looked for a replacement in their stock, but they are all now back to their original prices.. so i'm in a bit of a pickle really.

They can't get the parts, exchange is now discontinued, replacements are over £250 more and i really dont want a refund then i wont be able to afford the same bed at the original price !!!!!!

I think you're out of luck; Tesco have met their obligations under SOGA by offering you a full refund, and by refunding the cost of the solvents. They're not obligated to provide you with a more expensive replacement.

MJ98

Hi,

I think i know the answer to my question but thought i would ask just in case i got lucky...

A few months back i purchased a Kodak Playsport Zx5 to take on holiday (Advertises submersible in water to 3ft - Perfect for snorkeling). Surprise surprise, it broke after using it under water.

In the email i got from the repair centre i am told that it is not a manufacturer defect as the product is still 'waterproof' (despite it taking in water somehow and causing the breakage). When it broke i could see water under the screen and none of the buttons would work implying water had gotten in there somewhere... This implies it is my fault.

I did not take the camera under more than 3ft of water and after every use i towel dried and left for a while before opening it in any way. So basically, i'm guessing i can't do anything about it because i can't prove this?

Thanks for any clarification/ confirmation.

Martyn