Quick questions on Consumer Rights

DCFC79

EugeneB wrote: »

Hi on 2 October 2015 I bought a smartphone with my Credit Card which recently I found to be faulty.

On 2 December I tried contacting the retailer but got to reply.

So on 22 December I sent my Section 75 complaint to my credit card company.

I got the reply from bank today and they are asking for an independent report - but I thought that if the purchase been made withing 6 month then the retailer/bank have to prove it, not me?

Do I have to provide then with a report or can I just reply "no, you do it" to them?

Thanks

Who was the retailer ?

You waited 20 days to go to your bank, you should have contacted the retailer after a few days.

Anyway whats the fault with the phone ?

EugeneB

DCFC79 wrote: »

Who was the retailer ?

You waited 20 days to go to your bank, you should have contacted the retailer after a few days.

Anyway whats the fault with the phone ?

The phone just suddenly restarts from time to time when I use it.

libra10

We bought a door lock from B & Q approximately 2 weeks ago, paying cash.


However, on further checking, have found that we purchased an incorrect item.


The lock cost approximately £40 and is still seal-wrapped, unfortunately we have lost the receipt.


Would B & Q give us a credit note for this item?

marliepanda

libra10 wrote: »

We bought a door lock from B & Q approximately 2 weeks ago, paying cash.


However, on further checking, have found that we purchased an incorrect item.


The lock cost approximately £40 and is still seal-wrapped, unfortunately we have lost the receipt.


Would B & Q give us a credit note for this item?

Only B&Q can answer that. They are not legally required to

libra10

Thank you marliepanda for quick response.


That is also what I thought.

mije1983

A while back they amended their returns policy to only accepting change of mind returns when you had a receipt. As I said this was a few years ago though, so it may well have changed again now.

hollydays

libra10 wrote: »

We bought a door lock from B & Q approximately 2 weeks ago, paying cash.


However, on further checking, have found that we purchased an incorrect item.


The lock cost approximately £40 and is still seal-wrapped, unfortunately we have lost the receipt.


Would B & Q give us a credit note for this item?

Why can't you just exchange it for the right one?

jimbo49

hi. i purchased a TV from a well known and respected (as far as i know) seller over the Internet in May last year. i registered the item with the manufacturer for the warranty, but it also came with an extra 5 years cover via the seller. it has developed a problem, so i got in touch with the seller. the reply i received said that i had to get in touch with the manufacturer as they are responsible for the first 12 months warranty. i did this but responded to the seller that i was of the opinion that under consumer law the seller was responsible for sorting out problems which needed a repair done etc. the reply i received stated that as 'consumer law didn't come into effect until 1 October 2015 then the Consumer Rights Act applies. if i bought it before 30 September 2015 then the Sale of Goods Act will apply. there is an obvious 'play on terms' here, but under which act am i covered and what are the conditions on the seller?

tnx,
jimbo49

wealdroam

jimbo49 wrote: »

hi. i purchased a TV from a well known and respected (as far as i know) seller over the Internet in May last year. i registered the item with the manufacturer for the warranty, but it also came with an extra 5 years cover via the seller. it has developed a problem, so i got in touch with the seller. the reply i received said that i had to get in touch with the manufacturer as they are responsible for the first 12 months warranty. i did this but responded to the seller that i was of the opinion that under consumer law the seller was responsible for sorting out problems which needed a repair done etc. the reply i received stated that as 'consumer law didn't come into effect until 1 October 2015 then the Consumer Rights Act applies. if i bought it before 30 September 2015 then the Sale of Goods Act will apply. there is an obvious 'play on terms' here, but under which act am i covered and what are the conditions on the seller?

tnx,
jimbo49

The Sale of Goods Act applies to your purchase - in particular, Part 5A.

It is put in terms most people can understand in this short extract from MSE's Consumer Rights article:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

It is also spelt out in that Which article you linked to:

Your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must make any claim against the retailer.

Remember, you have a statutory right to seek a remedy from the seller for up to six years from the date of the sale.

jimbo49

many tnx for the reply and info, It is put in terms most people can understand in this short extract from MSE's Consumer Rights article

the reasons i was given were that i needed a 'Reference number from the manufacturer, without which they wont deal with the seller and that reference number wont be given to the seller under 'The Data Protection Act'.

anything further you can add to the post would be welcome