Quick questions on Consumer Rights

derrick

123sharon wrote: »

How do I repost on eBay thread?

Copy your post that you made above, then paste it into a "New Thread" as you did on here in the Ebay board: - http://forums.moneysavingexpert.com/forumdisplay.php?f=40


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jatclarke999

Hi all

Recently my son was involved in a car accident, as part of the insurance cover he was given a courtesy car for the duration of the repair. A brand new Vauxhall Insigina.
A few days into the use of the car, we noticed a large number of oil drops all over our new block patio drive where he parked the car. As it was a Sunday, we rang the hire company but their local offices were closed so the national call centre advised us to ring the AA to get them to assess the car and they would replace it the following day.
The AA report whilst it found no damage, did concur that the engine had released oil as there was still a lot of oil on the sump plate.
The hire company replaced the car. I spoke to the company and asked on restoring the stained driveway, they asked me to get some cleaning company quotes. None of the companies would offer to completely remove by cleaning alone, the only solution was to replace the affected area.
I got some quotes for this and presented this to the hire company but they are now refusing to pay saying that there was no fault with the car.

Obviously I am very unhappy about this, I am thinking of claiming the cost of repairs via the small claims courts. Is this appropriate for this type of issue?

Advice please

Thanks in advance

John

wealdroam

jatclarke999 wrote: »

...I am thinking of claiming the cost of repairs via the small claims courts. Is this appropriate for this type of issue?

Yes, it is.

jwilson49

I subscribed to The Times under their trial period intending to cancel before the end of the trial

I then decided to continue my subscription at £26 per month, however I did not read the small print which apparently ties me in up to September 2014 and have since been advised by Times subscriptions that the only way I can cancel this subscription is by giving 4 months notice of cancellation in June 2014.
The reason I now want to cancel is that many retailers close to where I live and work won't accept the vouchers. If I break this "contract" by cancelling my direct debit what action would the Times be likely to take against me? The vouchers I've received I'll pay for I just don't want them to send me anymore

wealdroam

jwilson49 wrote: »

I subscribed to The Times under their trial period intending to cancel before the end of the trial

I then decided to continue my subscription at £26 per month, however I did not read the small print which apparently ties me in up to September 2014 and have since been advised by Times subscriptions that the only way I can cancel this subscription is by giving 4 months notice of cancellation in June 2014.
The reason I now want to cancel is that many retailers close to where I live and work won't accept the vouchers. If I break this "contract" by cancelling my direct debit what action would the Times be likely to take against me? The vouchers I've received I'll pay for I just don't want them to send me anymore

As it is a simple breach of contract by you, they are likely to pursue the debt, probably with debt collectors.
This will obviously increase the debt, and continuing to not pay will probably lead to court.

And if they continue to supply the vouchers, you will have little, or no defence.

Oh... and don't forget a black mark on your credit rating.

Fosterdog

jwilson49 wrote: »

I subscribed to The Times under their trial period intending to cancel before the end of the trial

I then decided to continue my subscription at £26 per month, however I did not read the small print which apparently ties me in up to September 2014 and have since been advised by Times subscriptions that the only way I can cancel this subscription is by giving 4 months notice of cancellation in June 2014.
The reason I now want to cancel is that many retailers close to where I live and work won't accept the vouchers. If I break this "contract" by cancelling my direct debit what action would the Times be likely to take against me? The vouchers I've received I'll pay for I just don't want them to send me anymore

Do you have a tablet or smart phone? It may be worth contacting them to see if you can switch your subscription to a digital version which won't carry the problem of a retailer not accepting the vouchers.

yerrab

:money:Martin can you ask someone at Mighty deals to answer the phone I have tried for two days to contact them and it rings and rings also they don't answer my emails maybe Neil Campbell could sort something out.:o thanks

yerrab

Another day, still waiting, still no reply has anyone Neil Campbell s Mobile Number?

elliestuart02

I made some orders on a website (on Thursday) that had a discount code mistake, it was charging items at £2.95 instead of removing £2.95 from the actual price. I received emails confirming the orders but stating 'This email is anacknowledgement of receipt of your order. Your contract to purchase these itemsis not complete until we send you an email confirming that the items have beendispatched to you.'

Since ordering the items I have received a further email (on Friday):
Thank you for shopping with us and for therecent order you placed.
Unfortunately due to an error with the code/s applied we have been unable toprocess the order.
We’re very sorry for any inconvenience that this may cause and fully understandthat this may be frustrating. Please accept our apologies.
If a charge has been taken for the order, then a refund will be requested uponcancellation and the money returned to your account within 3-5 working days.

On Saturday I was charged for each of the orders on my credit card so I have checked the company's Terms & Conditions and it just seems to totally contradict itself, it states:
Clause 9: 'Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.'

and further down continue to state:
'In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.'

As my card has been charged and the clause states one OR the other (before - whichever is the later) can I fight this and still request the order be sent out?

derrick

elliestuart02 wrote: »

I made some orders on a website (on Thursday) that had a discount code mistake, it was charging items at £2.95 instead of removing £2.95 from the actual price. I received emails confirming the orders but stating 'This email is anacknowledgement of receipt of your order. Your contract to purchase these itemsis not complete until we send you an email confirming that the items have beendispatched to you.'

Since ordering the items I have received a further email (on Friday):
Thank you for shopping with us and for therecent order you placed.
Unfortunately due to an error with the code/s applied we have been unable toprocess the order.
We’re very sorry for any inconvenience that this may cause and fully understandthat this may be frustrating. Please accept our apologies.
If a charge has been taken for the order, then a refund will be requested uponcancellation and the money returned to your account within 3-5 working days.

On Saturday I was charged for each of the orders on my credit card so I have checked the company's Terms & Conditions and it just seems to totally contradict itself, it states:
Clause 9: 'Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.'

and further down continue to state:
'In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.'

As my card has been charged and the clause states one OR the other (before - whichever is the later) can I fight this and still request the order be sent out?

In a word, no, they have not dispatched the goods so no contract is formed.

This comes up regularly and the answer is always the same.

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