Quick questions on Consumer Rights

neilmcl

Yes you're correct, unless they can prove they are the consumer then, for obvious reasons, they can't rely on any consumer rights to a refund. Simple as that I'm afraid. However, for the sake of £1.99 do you not rate your customer service a bit higher?

MojoeMonkey

Thanks for replying. I do give refunds for situations like this and value our customers very highly and this customer was refunded in full. I wanted to know if my research was correct so I knew where I stand legally as this customer was throwing all sorts if consumer act information at me and I felt out of my depth to answer.

dh-york

My MIL bank the Halifax advised a cheque from 18 months ago had cleared for wrong amount they said they would look into it but instead took the £1k difference from her account with no notice or advice does she have any rights here ? She didn't approve or was asked to pay they just took it using old cheque refere

Valli

dh-york wrote: »

My MIL bank the Halifax advised a cheque from 18 months ago had cleared for wrong amount they said they would look into it but instead took the £1k difference from her account with no notice or advice does she have any rights here ? She didn't approve or was asked to pay they just took it using old cheque refere

I am assuming this is a cheque she wrote to someone else?
Does she still have any information as to whom the cheque was made out to and for what amount?

At the very least I would be wanting to see proof of the original cheque and a statement from the time; even if there was an error (and they did deduct the wrong amount initially) I would be complaining to them about their handling of this, in writing and keep a copy and, subject to their response, would be prepared to escalate to the financial ombudsman as I would have expected to be advised as to the Halifax's intention to take the money prior to their doing so. Even if she did still 'owe' the money they seem to have handled it badly.

I would also expect, given the elapsed time and in the light of their actions, not to incur any charges in respect of seeing the cheque and statement.

Just to add, I have no particular experience or knowledge , but I have complained to a bank about mishandling of a cheque in the past, and escalated to the ombudsman with a successful outcome in my favour. Save copies of any letters and make notes of any previous or subsequent telephone conversations as part of your evidence. And please update - I would like to know the outcome.

gclark81

Hi,

I placed an order with Samsung Shop last week and selected to use my PayPal credit account. I received an email confirming the order and the payment option is displayed as PayPal Credit. However, the full amount has been charged to my PayPal account and therefore removed from my bank account. I have highlighted the issue with Samsung but their service to this point has been extremely poor, they advise they're in discussions with PayPal to resolve this. Whilst these discussions are ongoing, with no timescale, I am minus the funds.

To me this seems like a breach of contract between myself and Samsung. Am I correct in this thinking?

Stoney92

Hope someone can help me.

Back on 25th November 2016 I ordered a TV online for £329. I then found the same TV else where at a cheaper price, I then got in contact with customer services on 26th November 2016 and asked them to cancel the order. They confirmed with me that this would be cancelled and no money would come out of my account. I also received an email stating this aswell. 27th November the sum of £329 came out of my account. I called customer service straight away and they apologised and said they would refund the money within 3-5 working days. 1 week passed and still no money in my account. I called customer service back again and they told me it would be in my account in another 3-5 working days. again 1 week passed and still no refund. I then decided to go into store to talk to someone, he passed this on to managers and head of. It took a total of 5 weeks for them to refund me for a product I didn't even own.

Firstly I got charged by my bank for going into my overdraft of £15. Secondly all of this happened over Christmas period which meant I couldn't afford to buy any gifts for my family members, After the refund was finally made I was told to contact someone for a goodwill gesture. Curry's offered me £35 for the inconvenience caused. I just want to know if you think this is reasonable as I know a friend who got the wrong product delivered by currys and she got £65 goodwill gesture. I've asked it to be passed onto a manager but this hasn't happened and they say without proof they cant provide me with any compensation.

[Deleted User]

If you want more "compo" you'll have to provide them with documentary evidence of your consequential losses.

I don't understand why you thought going to a branch about an online sale would speed things up?

Juecal10

I recently bought some jewellery and there was an offer of a free gift with any purchase, the gift was a £500.00 pair of earrings. It would seem the earrings are only worth approx £80.00. Is it legal to advertise the value of the earrings to be £500.00 because they are a promotional gift. Thanks

Stoney92

To be fair I wasn't getting anywhere with customer services over the phone. Every time I finally got through to them after 50 minute wait they would say the same thing (3-5 working days) The man in store was the most helpful through this horrible situation and he was the one that took it a lot further then anybody on the phone. When I told him the full story he thought it was disgusting that no one was helping me as this could be classed as theft.
I will send them proof via email and see what they come back with. I just felt it was unfair on me having to go through all this trouble for something I never received.

unholyangel

Juecal10 wrote: »

I recently bought some jewellery and there was an offer of a free gift with any purchase, the gift was a £500.00 pair of earrings. It would seem the earrings are only worth approx £80.00. Is it legal to advertise the value of the earrings to be £500.00 because they are a promotional gift. Thanks

Or do you mean that they're actually selling the same earrings for £80 that they are claiming is worth £500? If so, then ASA or TS might be worthwhile complaining to.