Quick questions on Consumer Rights

gordikin

...aahh the rule of the 7 days...no!

ebddon

Thank you. The OFT guide was most helpful.

worcester89

squeaky wrote: »

Hi,

If you have a query that you think will only need a quick yes or no answer then feel free to ask it here.

Otherwise you are very welcome to start a new thread.

Whatever you decide... good luck

I went into a local jewellers to buy a necklace with my boyfriend. The shop did not have the chain that I wanted in my size and so ordered it in for me. I paid the £70 cost of the necklace and they said they would call me within the week to let me knoe when to expect the neclklace, and that it should be 14days max before it is delieverd to them.

nearly 5 weeks has now opast. They have not called at all. I have left numerous voicemails with them which have never been returned. Since I have bought a necklace from a different shop.

I am unable to go to the shop until this weekend, due to me not being in Worcester anymore. (by then it will have been 6weeks since the neclace was ordered).

I have finally managed to speak to the manager on the phone today. I explained the situation and that due to the shop longer than they stated to me, the fact that I could not contact them and no one contacted me, and that I now have a different necklace, I would like a full refund.

The manager spoke in a very hostile way to me, exclaiming that the necklace had been deleverd to the shop this morning and is ready to be collected. When I said I wanted a full refund she simply stated that she does not do that and will only offer me store credit.

Clearly I will never be purchasing from thr shop again due to bad customer service and so do not want store credit and I certainly do not want the necklace.

She is refusing to give me cash refund. She has asked me to go and see her this weekend, which I will, so that we can 'chat'. Ive made it clear how I feel, and have not acted in an argumentative manner, unlike her.

What do I do this weekend?! Am i entitled to a refund??

Im nervous!!

HELP ME PLEASE XX:(

wealdroam

worcester89 wrote: »

I went into a local jewellers to buy a necklace with my boyfriend. The shop did not have the chain that I wanted in my size and so ordered it in for me. I paid the £70 cost of the necklace and they said they would call me within the week to let me knoe when to expect the neclklace, and that it should be 14days max before it is delieverd to them.

nearly 5 weeks has now opast. They have not called at all. I have left numerous voicemails with them which have never been returned. Since I have bought a necklace from a different shop.

I am unable to go to the shop until this weekend, due to me not being in Worcester anymore. (by then it will have been 6weeks since the neclace was ordered).

I have finally managed to speak to the manager on the phone today. I explained the situation and that due to the shop longer than they stated to me, the fact that I could not contact them and no one contacted me, and that I now have a different necklace, I would like a full refund.

The manager spoke in a very hostile way to me, exclaiming that the necklace had been deleverd to the shop this morning and is ready to be collected. When I said I wanted a full refund she simply stated that she does not do that and will only offer me store credit.

Clearly I will never be purchasing from thr shop again due to bad customer service and so do not want store credit and I certainly do not want the necklace.

She is refusing to give me cash refund. She has asked me to go and see her this weekend, which I will, so that we can 'chat'. Ive made it clear how I feel, and have not acted in an argumentative manner, unlike her.

What do I do this weekend?! Am i entitled to a refund??

Im nervous!!

HELP ME PLEASE XX:(

You ordered the necklace and paid for it.
You have no statutory right to get your money back.

The problem appears to be that they took longer than expected to supply the thing.

If you did not make it clear at the time of sale that the delivery time was important, then you will have to rely on any stores return policy.

Is their anything on the receipt that says something like "if you change your mind within 28 days of purchase we will happily give you your money back"?
Any notices in the shop that say something similar?

Have a read of MSE's Comsumer Rights article for more detail.

gardner180

My 13 month old TV which I purchased online from Tesco recently developed a fault.Tesco sent an engineer who said it would take 5-7 working days to fix,less if Tesco would not pay for the repair.After 7 days I rang the engineer to be told Tesco would not be paying.I did ask why they didn't inform me earlier.On contacting Tesco I was offered a refund by cheque of 80% of the value I paid which could take upto 21 days to arrive.I would then have to wait another 10 working days for the cheque to clear.This means I may have to wait upto a month for my TV to be replaced assuming I accept the compensation.Do you think this is fair

derrick

gardner180 wrote: »

My 13 month old TV which I purchased online from Tesco recently developed a fault.Tesco sent an engineer who said it would take 5-7 working days to fix,less if Tesco would not pay for the repair.After 7 days I rang the engineer to be told Tesco would not be paying.I did ask why they didn't inform me earlier.On contacting Tesco I was offered a refund by cheque of 80% of the value I paid which could take upto 21 days to arrive.I would then have to wait another 10 working days for the cheque to clear.This means I may have to wait upto a month for my TV to be replaced assuming I accept the compensation.Do you think this is fair

4 days before you can withdraw money from your cheque, 2-4-6 rule.

.

gardner180

Thanks for the information Derrick.I'm more interested in if anyone thinks 80% refund is fair on a TV just over a year old

derrick

gardner180 wrote: »

Thanks for the information Derrick.I'm more interested in if anyone thinks 80% refund is fair on a TV just over a year old

They are allowed to deduct a fair amount for usage under SoGA, 80% could be deemed as fair.


.

Nicmcintosh

I was given a changing bag as a present when my son was born 3 months ago but it was bought a while before this costing £49.99. My brother paid cash and as I was happy with the bag at the time, threw out the receipt, not thinking I'd need it after this time. Now the strap has burst meaning I can't use the bag. The shop is now saying when they scan it that it cost £24.99 - presumably it went on sale and the new style costs £49.99!! So I'd have to pay £25 difference. The item is now out of stock so they cant replace the bag with the same one. I think I should be entitled to the newer style of the bag without having to pay extra. They are saying no as I have no proof of purchase. They bag couldn't have been bought anywhere else as it is a shop own brand. Should I be entitled to a new bag without paying extra?

wealdroam

Nicmcintosh wrote: »

I was given a changing bag as a present when my son was born 3 months ago but it was bought a while before this costing £49.99. My brother paid cash and as I was happy with the bag at the time, threw out the receipt, not thinking I'd need it after this time. Now the strap has burst meaning I can't use the bag. The shop is now saying when they scan it that it cost £24.99 - presumably it went on sale and the new style costs £49.99!! So I'd have to pay £25 difference. The item is now out of stock so they cant replace the bag with the same one. I think I should be entitled to the newer style of the bag without having to pay extra. They are saying no as I have no proof of purchase. They bag couldn't have been bought anywhere else as it is a shop own brand. Should I be entitled to a new bag without paying extra?

You raise several interesting points.

Firstly, the shop only has a responsibility to the purchaser.
You didn't buy the thing... your brother did.
In this case it does appear that they are being reasonable in this respect.

You have no receipt or other proof of purchase, so how is the shop expected to know how much your brother paid?
Some shops have been known to use the current price when deciding what amount to refund, but you can hardly blame the shop for refusing to refund (or credit you with) £49.99 when neither you, your brother or the shop can provide any evidence that that was the price paid.

Also, you mention that the product is uniquely branded to that shop.
Sorry but that in itself does not mean that you (or your brother) bought it there.
I am sure this doesn't apply to you, but it could've "fallen off the back of a lorry".

So, in summary, accept the £24.99 credit... it is more than the shop need to give you.