Quick questions on Consumer Rights

[Deleted User]

lincroft1710 wrote: »

SOGA was replaced by CRA in October 2015

True. I should have said "under current legislation"

naedanger wrote: »

If the retailer disputes that the item was delivered in a damaged state then ultimately you might need to take the retailer to court.

The item was bought off the shelf and wasn't delivered at all!

naedanger

Moneyineptitude wrote: »

The item was bought off the shelf and wasn't delivered at all!

Thanks. I have modified my answer accordingly.

shaun_from_Africa

Moneyineptitude wrote: »

The item was bought off the shelf and wasn't delivered at all!

naedanger wrote: »

Thanks. I have modified my answer accordingly.

naedanger, there was no need to modify your answer at all.
Even if the goods in question were purchased in a face to face meeting in a store, as far as the law (SOGA and CRA) is concerned, those goods were still delivered to the consumer as the legal definition of delivery as stated in the CRA is:

“delivery” means voluntary transfer of possession from one person to another;

[Deleted User]

shaun_from_Africa wrote: »

naedanger, there was no need to modify your answer at all.
Even if the goods in question were purchased in a face to face meeting in a store, as far as the law (SOGA and CRA) is concerned, those goods were still delivered to the consumer as the legal definition of delivery as stated in the CRA is:

That's not the same as a delivery via courier, as well you know. If the item was delivered via an agent it could easily be in very different condition upon arrival than the customer saw in the shop.

WizPip

I bought a pull out / soft closing kitchen bin frame contraption in Nov 2013 for ~£130. It was working fine until recently, but now it's difficult to open and close, and makes a terrible clicking noise. Had a quick look and there's a little plastic cog on the left side roller which has sheared two teeth, opposite each other (180 degrees). The teeth themselves are still there, stick in the grease around the cog. (Tried to include a proper link to a photo but as I'm new it thinks I'm a spammer. The URL is imgur.com/a/Bh8sX)

As far as I can tell this cog is simply there to aid the smooth running of the rail and isn't actually load bearing. All the retailer tells me is that it's out of warranty and I'd have to buy a new one, a whole £140 bin. Seems a shame for that plastic cog, probably costing pence.

Anyway, by my reckoning if it's just there to smooth the rolling action and it's sheared teeth then it wasn't fit for purpose; maybe bubbles got into the mold and gave it weak points, who knows.

Is this worth pursuing?

[Deleted User]

WizPip wrote: »

Anyway, by my reckoning if it's just there to smooth the rolling action and it's sheared teeth then it wasn't fit for purpose; maybe bubbles got into the mold and gave it weak points, who knows.

Is this worth pursuing?

Clearly it was fit for purpose for the three years you have had it. It's like trying to claim that any moving part on a car wasn't fit for purpose because it eventually wore out due to fair wear and tear.

Brabantia bins have similar moving parts which are eminently replaceable via their website for a nominal fee. Try the manufacturer of your own bin for similar spare parts.

Davina1978

Hi,
Sorry if I have posted in the wrong place, as not sure if this strictly comes under 'consumer rights' but I wasn't sure where to ask a question about 'small business rights' !
I run a small business in the UK and we purchase items from a UK-based supplier. We usually have to place orders with the supplier for £150+ to meet their carriage fee, which we did last week. However, yesterday, only half the order arrived, although the box was marked ‘1 of 1’ so we know a box hadn’t gone astray with the courier. Plus, the packing slip shows the full order should have been enclosed.
Upon contacting the supplier, they say that they cannot send out the rest of the order as it is now ‘below carriage fee’ so will either have to add more items to it to bring it above £150 (we don’t need any other items yet) or we’ll have to wait until our next order is ready, which may not be until September!
We had customers lined up ready to buy this stock (luckily not taken payment yet) who are, quite rightly, unhappy that their items will not be arriving anytime soon, so they may go elsewhere, and we don’t feel this is fair on us, when the supplier is the one who messed up the order!
What would our rights be with regards to this? I can offer to pay the courier fee to get the items to us (although, again, it is their screw-up so feels wrong that we have to pay extra) but wanted your advice first before we pursue this any further. I have read through the Consumer Contracts Regulations but cannot see anything specific to this issue...
Thank you in advance for your help with this!

[Deleted User]

This is a business contract dispute which has little to do with Consumer Rights. However, I'd say you need to contact your supplier and demand that they send the remainder of the order (at their own cost) because they singularly failed to send the complete package in the first place.

You could always threaten to go to another supplier (if that is feasible, of course) if they won't comply.

wealdroam

Davina1978 wrote: »

Hi,
Sorry if I have posted in the wrong place, as not sure if this strictly comes under 'consumer rights' but I wasn't sure where to ask a question about 'small business rights' !

You could try the small businesses board.

DanielX9031

I was on a 30 day free trial for g2a shield. I didnt want it anymore so I tried cancelling it but it was only possible to cancel 2 days before the trial ended. I tried cancelling numerous times but the website didnt allow it and i tried multiple times with the support team on livechat aswell but have had no success. The trial then automatically upgraded to a billed version and money has been taken from my account. I did not want this and feel that I am entitled to a full refund. As a customer I should be protected under the consumer rights act and sales of goods act due to it not being able to be cancelled which was out of my control. This is forcing customers to pay when they do not want to, and I had attempted to stop the trial multiple times. I have also been billed by my bank because of international transfers so I would like this to be reimbursed as well as compensation. The process you have to go through to deactivate it is also very confusing, it is worded and designed in such a way that it tries to stop you from deactivating the subscription. I have been emailing them over the past 2 weeks and they are clearing not giving up in trying to refuse refunding. And they now say it is not possible to refund it. What more can I do?