Quick questions on Consumer Rights

unholyangel

Stoney92 wrote: »

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.

Couple of things to keep in mind.....

Did the friend also cancel and reorder from a cheaper competitor? If not, you may find currys have more incentive to keep their actual customers happy. Not trying to offend or having a dig but you didn't order from them - you ordered from a competitor because it was cheaper and no doubt they have overheads from having to deal with those cancellations & refunds (part of any businesses overheads mind you but overheads none the less).

Also, they would have had 14 days from you cancelling to refund your money. If your bank charges occurred before that 14 days was up then I'd be very careful about pushing them for more compensation.

Billy123456

Hi I was wondering if someone could help me.

In a nutshell I bought a Samsung S7 from mobilephones.com, I have the receipt etc for this along with the contract documentation. I bought this on 20th September 2016. I then put the phone away as the main Christmas present for my son and he used the sim in his existing phone.

Christmas came and he got his new phone which, whilst bought in September, had only been used once to set it up then put away. By the 4th January the phone stopped working as it kept resetting and was stuck in boot mode. I took it to the Samsung store, as I have one locally, and they diagnosed it needed a new mother board. I asked for a new handset given it was only used for a little over a week but they threw Consumer Rights at me which came into force in October saying they had the right to repair if they could do it within a reasonable period of time.

They changed the motherboard and I got the phone back the next day. All well and good until the last couple of days when wifi problems with the phone are rife. The phone which keeps dropping wifi signal irrespective of whether on my home router, school router or friends hot spots. I took the phone back today and they reflashed it but could not re enact the fault. I am now at home and seeing the phone do exactly the same by dropping out, reverting to lock screen, then refusing to connect to wifi for a good 10 minutes then logging back on, it really is an intermittent fault. I am going back to the Samsung store to sort this but before I go,

What are my rights with Samsung ? I did not buy the phone in their store but as they are manufacturers do they not have a legal liability to provide a refund ? If so to what amount as the phone RRP's for £520 but I paid £108.99 plus a 2 year contract with three, or do I go back to mobile phones given I have had the phone less than six months and demand a refund. If I did that they would only refund the £108.99 and I'd be stuck with the contract which has 20 or so months left to run. I am not satisfied with another handset given the hassle I have had with their flagship phone but can I enforce a full refund of the purchase price. I am still left with a contract which has time to run but no handset.

Any advice would be really appreciated.

wealdroam

Billy123456 wrote: »

Hi I was wondering if someone could help me.

In a nutshell I bought a Samsung S7 from mobilephones.com, I have the receipt etc for this along with the contract documentation. I bought this on 20th September 2016. I then put the phone away as the main Christmas present for my son and he used the sim in his existing phone.

Christmas came and he got his new phone which, whilst bought in September, had only been used once to set it up then put away. By the 4th January the phone stopped working as it kept resetting and was stuck in boot mode. I took it to the Samsung store, as I have one locally, and they diagnosed it needed a new mother board. I asked for a new handset given it was only used for a little over a week but they threw Consumer Rights at me which came into force in October saying they had the right to repair if they could do it within a reasonable period of time.

They changed the motherboard and I got the phone back the next day. All well and good until the last couple of days when wifi problems with the phone are rife. The phone which keeps dropping wifi signal irrespective of whether on my home router, school router or friends hot spots. I took the phone back today and they reflashed it but could not re enact the fault. I am now at home and seeing the phone do exactly the same by dropping out, reverting to lock screen, then refusing to connect to wifi for a good 10 minutes then logging back on, it really is an intermittent fault. I am going back to the Samsung store to sort this but before I go,

What are my rights with Samsung ? I did not buy the phone in their store but as they are manufacturers do they not have a legal liability to provide a refund ? If so to what amount as the phone RRP's for £520 but I paid £108.99 plus a 2 year contract with three, or do I go back to mobile phones given I have had the phone less than six months and demand a refund. If I did that they would only refund the £108.99 and I'd be stuck with the contract which has 20 or so months left to run. I am not satisfied with another handset given the hassle I have had with their flagship phone but can I enforce a full refund of the purchase price. I am still left with a contract which has time to run but no handset.

Any advice would be really appreciated.

Hi and welcome to the forums.

The manufacturer owes you nothing beyond that offered by their guarantee. I have yet to see a manufacturer's guarantee that offers a refund.

Your statutory rights lie with whoever sold the phone to you - mobilephones.com.

You might like to read MSE's Consumer Rights guide and in there you will see:

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.

You will also see in there that the seller has only one opportunity at a repair, after which you can insist on a refund.

By the way, The Consumer Rights Act came into force in October 2015, not October 2016.

Billy123456

Hi and thanks for the quick reply.

As I bought the phone before the CRA came into force then doesnt Sale of Goods apply ? If so this states I can return for a full refund if under 6 months. Obviously there was a defect as they did major works on the phone so I dont think Ill have a problem there. My concern is that they could replace the handset for another one but I dont want the hassle if this happens again, basically my trust in Samsung is on the floor.

So are you saying that Samsung only have to replace the phone if they cant repair ? I could go to mobilephones.com and demand a refund which I should get but Id only get a refund for the cost I paid which is £108 and then be stuck with a contract for 20 months and only £108 to buy a new handset, it doesnt seem fair.

if samsung have a defective product surely I would be entitled to a refund at RRP irrespective of whether I bought it in their store or not as its their product which doesnt work or am I wrong here :eek:

wealdroam

Billy123456 wrote: »

As I bought the phone before the CRA came into force then doesnt Sale of Goods apply ?

Read again the last sentence of my earlier response.

And The Sale of Goods Act certainly does not say that you can return the goods within the first six months for a refund.

The Sale of Goods Act, and more importantly in your case, The Consumer Rights Act, says that any fault found within the first six months can be assumed to have been present at the time of sale. This relieves you of having to prove the fault to be inherent.
The seller can still offer a repair or a replacement as a remedy.

Billy123456 wrote: »

if samsung have a defective product surely I would be entitled to a refund at RRP irrespective of whether I bought it in their store or not as its their product which doesnt work or am I wrong here

Did you read any of my post?

It should be clear to you that the manufacturer will not be giving you a refund. You have no contract with the manufacturer.
Is there anything in the manufacturer's guarantee/warranty that suggests they might offer a refund? I suspect not.

unholyangel

Billy123456 wrote: »

Hi and thanks for the quick reply.

As I bought the phone before the CRA came into force then doesnt Sale of Goods apply ? If so this states I can return for a full refund if under 6 months. Obviously there was a defect as they did major works on the phone so I dont think Ill have a problem there. My concern is that they could replace the handset for another one but I dont want the hassle if this happens again, basically my trust in Samsung is on the floor.

So are you saying that Samsung only have to replace the phone if they cant repair ? I could go to mobilephones.com and demand a refund which I should get but Id only get a refund for the cost I paid which is £108 and then be stuck with a contract for 20 months and only £108 to buy a new handset, it doesnt seem fair.

if samsung have a defective product surely I would be entitled to a refund at RRP irrespective of whether I bought it in their store or not as its their product which doesnt work or am I wrong here :eek:

You said you purchased on 30th september 2016. The CRA applies to all contracts entered into on or after the 1st October 2015 - nearly an entire year before your purchase

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?

wealdroam

gclark81 wrote: »

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?

Firstly let me say that I know nothing about 'Paypal Credit'.

If it works like any other credit account, then the seller gets paid the full purchase price by the credit provider, and then you, the consumer, repay the credit provider over a period of time.

It looks like Samsung have received the full amount, as expected, but for some unknown reason Paypal have deducted the full amount from your linked bank account.

I would suggest that you should be seeking an explanation from Paypal, not from Samsung.

I cannot see how Samsung have breached any contract with you, but as I said, I don't know how this Paypal Credit works.

bris

wealdroam wrote: »

Firstly let me say that I know nothing about 'Paypal Credit'.

If it works like any other credit account, then the seller gets paid the full purchase price by the credit provider, and then you, the consumer, repay the credit provider over a period of time.

It looks like Samsung have received the full amount, as expected, but for some unknown reason Paypal have deducted the full amount from your linked bank account.

I would suggest that you should be seeking an explanation from Paypal, not from Samsung.

I cannot see how Samsung have breached any contract with you, but as I said, I don't know how this Paypal Credit works.

This is correct, like using a credit card the funds are paid in full to Samsung then Paypal take payments from you. Paypal have messed up and took it all, Samsung are not to blame.

ZornsLemma

My boiler service contract hit the 12 month point recently and the provider decided to increase the price. I don't want to pay the new price, so I called them up to ask about cancellation. They told me that if I called back in a couple of weeks time, I would be covered up until that point and they wouldn't take any further payments after I'd cancelled.

I called them on the appointed date. This time they insisted that there was a 30 day notice period and that they would therefore be taking the next direct debit. They refused to cancel my contract unless I agreed there was a notice period. I explained that this wasn't what they'd told me when I called before and asked to speak to a manager. No one was available, but they said someone would call me back within 48 hours. No one has called.

I e-mailed them to complain about this misleading information and not being called back. My e-mail was ignored.

To make things more complicated, the contract *does* have a 30 day notice period - but that's not what they told me when I called them the first time, and if they had told me that then I would have given the 30 days notice straight away, instead of waiting two weeks. Moreover, the contract says they have to give me 60 days notice of price rises - they gave me less than 30 days notice.

It's difficult for me to avoid the conclusion they are just ignoring me, safe in the knowledge my direct debit will keep being paid to them unless I agree to drop my complaint.

I'd *like* to cancel the direct debit and then hopefully we can discuss it, rather than them just ignoring me - if after discussing it I have to pay them then I can send them a cheque. However, I'm worried they will decide to impose a massive surcharge on me for not paying via direct debit. Yet if I don't cancel the direct debit, they're just going to sit there collecting the money and ignoring me.

What should I do?