Quick questions on Consumer Rights

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  • farmeruk
    farmeruk Posts: 263 Forumite
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    Wife had 2 sofas delivered by dfs on Tuesday.on 1 of them the arms are defected, there is not enough foam in the arms. And although there the same sofas the leathers are different. I would post photo if I knew how to so you could see. One is shiney(damaged one) and the other is like Matt black.

    Rang dfs and they said they will send an engineer. I have told them to come and collect it and replace it with one of similair quality to the other one. I do not want it repaired.

    Where do I stand.
    Started advent comps 04.12.2013
    1st day won bunch of flowers
    2nd day ipad mini

    Above space reserved for today's win :rotfl:
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Daisy wrote: »
    Thanks for your replies. I have just phoned the CPW number and the guy said the same thing. They are happy to exchange it for a new phone because it is faulty but they don't do refunds.

    You could try sending them a letter before action. Title it as such (letter before action) give a brief explanation (bought on x date, returned on x date and you are rejecting for a full refund under sections 34 and 35 of the sale of goods act - usually wouldnt be that specific but since they're taking the "we dont do refunds" stance, it may help). Give them 14 days to issue a refund or you will be filing a claim against them.

    Saying they don't do refunds is misleading and may amount to a criminal offence. You could also ask them to check this with Trading Standards (Or even try sending them the link to the information like this: https://www.wigan.gov.uk/Business/Trading-Standards/AdviceToBusinesses.aspx

    If you prefer, you should be able to search for your own local trading standards page that says the same).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • farmeruk
    farmeruk Posts: 263 Forumite
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    Also when I spoke on the phone with dfs they where trying delay tactics. Wanted a engineer to come a week tomorrow. Wasn't untill I got angry and said come collect it now, it's not fit for purpose that she said they could come this Thursday.

    As both sofas where bought together can I threaten them to take them both back. Sofas are bought on 4 years interest free.

    Need to know my rights for tomorrow if any knows out.

    I am assuming so far that one sofa is not fit for purpose and I am entitled to a full refund but I would just like it replaced.
    Started advent comps 04.12.2013
    1st day won bunch of flowers
    2nd day ipad mini

    Above space reserved for today's win :rotfl:
  • whistler69
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    Hello everyone.

    First time posting as I need to know if what is happening is above board.
    I bought a battery charger in November last year. It has since developed a fault where one bay will not charge the batteries. I finally got round to emailing the vendor who advised to send it back for a replacement. They have received it and deemed it unsafe to use, even though I have been safely using it in its current condition for months. They will not replace the charger and they want me to pay for postage for them to send it back to me.

    What I want to know is can they do that?

    Many thanks
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    whistler69 wrote: »
    Hello everyone.

    First time posting as I need to know if what is happening is above board.
    I bought a battery charger in November last year. It has since developed a fault where one bay will not charge the batteries. I finally got round to emailing the vendor who advised to send it back for a replacement. They have received it and deemed it unsafe to use, even though I have been safely using it in its current condition for months. They will not replace the charger and they want me to pay for postage for them to send it back to me.

    What I want to know is can they do that?

    Many thanks

    Usually when a retailer agrees to replace, get the item back and changes their mind, its because they believe the "fault" has actually been caused (accidentally or not) by the consumers misuse.

    Is that what they are saying? If its not, what reason are they giving for refusing a replacement when previously they were willing?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • whistler69
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    Usually when a retailer agrees to replace, get the item back and changes their mind, its because they believe the "fault" has actually been caused (accidentally or not) by the consumers misuse.

    Is that what they are saying? If its not, what reason are they giving for refusing a replacement when previously they were willing?

    In a roundabout way yes they are but not directly.

    But that is not what I am disputing, it is the making me pay to get it back off them that I am unhappy with.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    whistler69 wrote: »
    In a roundabout way yes they are but not directly.

    But that is not what I am disputing, it is the making me pay to get it back off them that I am unhappy with.

    It may not be what you're disputing, but its relevant to who's liable for the return postage. If the item was inherently faulty, they would be liable. If its down to user damage/misuse then you are liable.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • System
    System Posts: 178,102 Community Admin
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    I bought goods online and it was free delivery.The company wants to charge me for returning the goods.

    Is this right,can the company charge me for returning these goods which were delivered free.
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    blowfelt wrote: »
    I bought goods online and it was free delivery.The company wants to charge me for returning the goods.

    Is this right,can the company charge me for returning these goods which were delivered free.

    Yes, they probably can... if the goods are not faulty.

    Can you not find someone to deliver the goods back to them for free?
    If not, how do you think the seller managed it?
  • downshifted
    downshifted Posts: 1,153 Forumite
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    I oredered a new caravan in June and paid £2k deposit. They said it would be ready at the beginning of October. I wrote in September and asked if it would be on time - no reply. I phoned in late September to be told there would be a month's delay. I wrote an email complaining that they should have let me know, and have a reply saying the manufacturer delayed the build, it would be ready 4 weeks late, they were sorry for not keeping me informed, would keep me informed in future and would give a discount. I visited their stand at the caravan show at the NEC last week and was told it was arriving in the UK this week. (He had made no effort to contact me to tell me this, I would not have known had I not gone to the show) He said he would offer £450 off and would phone me on Monday (yesterday) to confirm delivery time and he would email me a revised invoice. I waited in all day and he hasn't done either. Although this dealer apparently has a good reputation I have lost all confidence in their customer service. I understand delays can happen - but the lack of information and the fact I only find out anything when I contact them and they have not even kept their latest promise has me awake and typing this at 3am. Do I have any redress?
    Downshifted

    September GC £251.21/£250 October £248.82/£250 January £159.53/£200
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