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Quick questions on Consumer Rights

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  • Hi. I do apologise if this is the wrong place to complain. I have followed MSE complaints but it doesn't really fit in anywhere or has worked?

    1) Xmas 2009 bought my child a laptop from CURRYS with know how premier service at over £13 per month



    2) took to store for overheating

    3) was told if I wanted a loan lap top I had to had it picked up from home

    4) pick up date 5/11, loan laptop given

    5) first pick up took leave from work- I was never informed I could have different days

    6) second date for return changed

    7) phoned for info on new delivery

    8) new delivery came and went. Time off work= lost money

    9) new delivery- no delivery. Numerous calls to know how

    10) delivery date, laptop turned up. Not working! List of repairs they have said they have done not done

    11) letter written as per MSE for loss

    12) rude and unhelpful customer services rep replies with gesture of £15! 10% of total loss

    13) Lap top still not working, wont be picked up till fri 30/11 and - possibly returned a week later?

    14) Tom Reed 'action team' refuses to budge saying I should have specified a different date- is 5 not enough ?

    Any help advice very great appreciated xxxx thank you in advance xxxx
  • We purchased a indesit freezer from the cataloge November 21 2011 on pay in 12 months due to pay December 05 2012. Yesterday it packed up (good's inside thawed out ) Dec 02. Phoned but they said the 12 months g'tee has expired. do i have any right's
    Thanks
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    shallou wrote: »
    We purchased a indesit freezer from the cataloge November 21 2011 on pay in 12 months due to pay December 05 2012. Yesterday it packed up (good's inside thawed out ) Dec 02. Phoned but they said the 12 months g'tee has expired. do i have any right's
    Thanks
    Yes you do have rights.
    Read MSE's Consumer Rights article.
    Also their How to Complain document.

    Do come back with any further questions.
  • Sunnyday
    Sunnyday Posts: 3,855 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I purchased a nexus7 from car phone warehouse online on Friday and had it delivered to a local store. I picked it up yesterday and put it on charge this morning. It will not charge at all.

    I would like to return it tomorrow if possible, can I expect either a replacement or a refund (paid online with credit card) I would like a working tablet quickly if possible. It seems that others have had the same problem with the nexus.
    Thanks
    SD
    Planning on starting the GC again soon :p
  • I guess it depends if they have any in stock to replace it with.

    Since you bought it via the online channel it may have to go back to them to send out another. If they refuse to swap you can reject it for a full refund and go elsewhere given you have only had it 6 days.
    Thinking critically since 1996....
  • Sunnyday
    Sunnyday Posts: 3,855 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I guess it depends if they have any in stock to replace it with.

    Since you bought it via the online channel it may have to go back to them to send out another. If they refuse to swap you can reject it for a full refund and go elsewhere given you have only had it 6 days.

    Thanks, would that be the distance selling regulations that I would have to reject it under? I'm really hoping that they have another in stock instead of rejecting it but would rather know what to do in case. I would be willing to wait a short time for a replacement.
    SD
    Planning on starting the GC again soon :p
  • You can send it back under DSRs or reject it under SOGA (sale of goods act). Both will give you a refund but the SOGA should allow you to get a replacement if they have one in stock.
    Thinking critically since 1996....
  • racht1985
    racht1985 Posts: 1 Newbie
    edited 11 December 2012 at 2:50PM
    hi there,

    i have mistakenly ordered two copies of foals album on gigs&tours thinking they were tickets to the gig (stupid mistake I am aware). I contacted Gigs&Tours/SeeTickets within 3 days to cancel one copy - it's a pre-order which isn't even going to be sent out until Feb 2013 and they are refusing to cancel or refund one copy stating....

    Unfortunately I am unable to cancel one of the CD's, as all tickets and merchandise are sold on a non-refundable basis, as per our terms and conditions.


    Can anyone tell me whether the distance selling act means that I am entitled to cancel this order even if they have T&C's which state things are non-refundable?

    Thanks in advance
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    racht1985 wrote: »
    hi there,

    i have mistakenly ordered two copies of foals album on gigs&tours thinking they were tickets to the gig (stupid mistake I am aware). I contacted Gigs&Tours/SeeTickets within 3 days to cancel one copy - it's a pre-order which isn't even going to be sent out until Feb 2013 and they are refusing to cancel or refund one copy stating....

    Unfortunately I am unable to cancel one of the CD's, as all tickets and merchandise are sold on a non-refundable basis, as per our terms and conditions.


    Can anyone tell me whether the distance selling act means that I am entitled to cancel this order even if they have T&C's which state things are non-refundable?

    Thanks in advance
    They are mistaken.

    Their T&Cs cannot remove your statutory rights.

    You have a right to cancel the order under Distance Selling Regulations until seven working days after delivery.
    As the goods are yet to be delivered, you are clearly within that time frame.

    I would send them an email, or write a real letter , stating that you wish to cancel the order as is allowed under DSRs. Also say that you look forward to being refunded in full, but remember that they have upto 30 days to do the refund.

    Have a read of the relevent bit of MSE's Consumer Rights article for more detail.

    If that fails, the consider a chargeback from whichever card you used for the purchase.
    MSE's Chargeback article has more information.
  • Hi. I recently bought some underwear on line. I have attempted to return it but the company states that it cannot except returns of underwear etc for hygiene reasons and that they state this in their T&C's. Do the distance selling regulations still count even if their T&C's say otherwise and if so how should i best go about proving this in a letter to them (the costumer services dept put the phone down on me-i wasn't rude to them either).
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