'Shop staff quoted nonsense rights at me...' blog discussion

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  • tara747
    tara747 Posts: 10,238 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    antrobus wrote: »
    Sadly my wife isn't one of them.



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  • [Deleted User]
    [Deleted User] Posts: 7,175 Forumite
    Name Dropper First Anniversary Photogenic First Post
    I used to work in clothes retail (got out of it as it is effectively dead now as no one has disposable income these days).

    When a customer asked for a discount because of a dodgy button or a click in the material, we would offer a 10% or so discount depending on the price. We would just say to the customer that the item would be none returnable if they took the discount. We wouldn't say that it would be none returnable if another fault was found.

    You also got to remember that there are dodgy people around who will damage items just so they can get a discount. You come across all sorts of people while working in retail.
  • crittertog
    crittertog Posts: 190 Forumite
    Stockie wrote: »
    I agree that SOGA1979(as amended) Having worked in retail thou, I would also like it pointed out to consumers that the 5yr (6 in scotland) right to claim in court, is how long you have to make a claim from the date of purchase. NOT how long the product should last.
    Yup, although your numbers are the wrong way round ;)

    http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained
  • Hi,
    I returned a faulty phone to Carphone Warehouse.
    Their repair centre advised me that the phone had an internal fault with the main circuit board and was not covered by the manufacturers warranty and therfore beyond economical repair, as they class this damage as physical.
    I argued, how can it be physical if the fault is internal and the outside of the phone is perfect.
    They said I could contact the complaints team, which I did, however the complaints team is the repair team, and amazingly they deal with their own complaints and there is no-one higher to complain to.
    I was left with no alternative than to contact Nokia who very kindly agreed to inspect the phone. I sent it to them and they confirmed that the fault was not physical.
    They have tried to contact Caprhone Warehouse to discuss this and they will not talk to Nokia.
    I contacted Carphone Warehouse again by phone and e-mail to inform them of Nokias inverstigation re the phone being covered under warranty and therfore Carphone Warehouse should replace it.
    I received a reply saying that their repair team still abide by their engineers report and the phone will not be replaced and the complaint is now closed.
    I really cannot believe that Carphone Warehouse will not replace my phone even though the manufacturer reports that it is covered under warranty.
    Nokia have been so helpful and although it is not their usual practice are sending me a new phone, however I still want to persue Carphone Warehouse as I feel that their customer care is appauling and if they are not repairing my phone that is clearly an internal fault how many othercustomers are being fobbed off?
    I want to take this further
    Can anyone offer advice please.

    Thank you
  • Arthurian
    Arthurian Posts: 796 Forumite
    First Post First Anniversary
    edited 22 June 2011 at 12:50PM
    This might help - http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/
    Good luck.

    Also, http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Howtocomplainaboutgoodsandservices/DG_196229

    If the phone cost under £100 and you paid by credit card you can use the card's chargeback service to get your money back.
  • vikingaero
    vikingaero Posts: 10,920 Forumite
    First Post First Anniversary Combo Breaker
    There's normally reasons for this "lack of knowledge":

    (1) The staff really don't have a clue and say whatever they want to fob you off

    or

    (2) The staff are actively told by management to discourage returns
    The man without a signature.
  • I'd talk to Nokia again too, and let them know CW's response - they may be able to apply pressure, or be able to fix it for you - before pursuing legal routes.
  • jgriggle
    jgriggle Posts: 165 Forumite
    Well I've worked in retail for over ten years, for four different companies and not one has ever given training on the Sale of Goods Act.

    However, it's something that interests me and I like to think I'm pretty clued up. I've even had to take the customer's side on a few occasions when a manager has got it wrong.

    I've also had to correct customers on numerous occasions (usually the ones who are returning £20 DVD players that have gone wrong after five years, and are trying to tell me that it's guaranteed for six years by law).

    Most shops will give you more than you're entitled to under law, as they want your business. Most will go out of their way to help you if you're reasonable and nice.

    Be aware however, that if you've been difficult and stroppy and the shop is sticking to the law, it's because they want to upset you just enough that you don't come back. Even during a recession, shops can afford to lose the odd customer who's more trouble than they're worth!

    One place I worked at had a rule;

    Nice people get stuff. Rude people get stuffed!
  • Looby123
    Looby123 Posts: 1,563 Forumite
    I'm a newbie on here so apologies, I wasnt sure how to post or where to put this, so its here!!!

    I bought a Dell Inspiron laptop from Tesco direct and collected it instore on 3rd April. Last Saturday it decided not to work at all.. programs disappeared and couldnt easily log on/off to laptop at all...

    I spent 10 hours on Saturday trying to reboot and restore to factory settings to see if this helped - it didnt. Eventually I sued Dells PC check on their free support section - everything passed except the hard drive, which failed.

    Dell advised me they could repair it, but I said I wanted Tesco to refund or replace the item as I dont want a repair that could possibly go wrong again in a few months. Dell advised that Tescos should honour my request as the laptop is only 2 months old.

    Today, Tescos have refused to replace or refund my laptop - they say that they're prepapred to repair it and thats good enough under SOGA - I explained that 2 months wasnt a satisfactory timeframe for me and that I wanted a replacement - they refused telling me to contact Trading Standards. I have done this, however all they've advised me to do is write to Tescos asking for a replacement or refund. Whilst I'm happy to do this, I'm concerned that this will take weeks to resolve, and in the mean time I'm without my laptop.. having to use my desktop whiich is a major inconvenience!

    Apparently I cant just walk into Tesco and ask for a refund/replacement as it was ordered from Tesco Direct - so Direct have to agree to replace or refund, which they will only do once a technical expert confirms a problem - but once I speak to them, they're only response is that they can replace the hard drive!!

    I feel completely shafted as I really want to stick to my priinciples and fight Tesco for a replacement/refund... however if they dig their heels in, I cannot afford to take them to court.. even though I feel confident I'd win! I mean, seriously, who DOESNT expect a laptop to last longer than 2 months!!!!

    any advice welcome!
    hoping for a very MSE Ts glitching 2012!
  • I_luv_cats
    I_luv_cats Posts: 14,441 Forumite
    First Anniversary Name Dropper First Post
    I guess there are as many shoppers trying it on as retailers getting it wrong for whatever reason.

    I wouldn't have the audacity myself to buy something you already have and return the older model with the recent receipt to get a refund, but people do that!!

    Some people will damage a few items of a pack (ie nappies) to try and get a whole new pack!!

    A few times where you are suppose to get a linked item in the deal the shop doesn't have the linked item (i.e. laptop bag) and can't tell you when they will have it AND even says you may miss out if they don't get it in stock!!
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