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

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  • [Deleted User]
    [Deleted User] Posts: 7,175 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Carphone Warehouse are right dodgy. I bought a sim-free phone about 7 years ago. Got it home and found it to be faulty as it kept crashing after a few minutes of being switched on. Took it back to Carphone Warehouse and they wanted to send it off somewhere for repair while I wait a week or so to get it back. Not good enough. Managed to get them to exchange it in the end.
  • gadgetmind
    gadgetmind Posts: 11,130 Forumite
    First Anniversary First Post Combo Breaker
    Took it back to Carphone Warehouse and they wanted to send it off somewhere for repair while I wait a week or so to get it back.

    Our story was very similar, though the delay was going to be several weeks. The manager, whose name I'll quote if recollecting this makes me any more angry :-) stood and explained at length why their own Ts&Cs meant the Sale of Goods Act - a copy of which was the counter being pushed backwards and forwards between us - didn't apply.

    Given that this seems to be widespread, maybe Carphone Warehouse restrict the training they give their staff to how to wriggle out of legal obligations? They certainly seem to have tried it on with both you and I.
    I am not a financial adviser and neither do I play one on television. I might occasionally give bad advice but at least it's free.

    Like all religions, the Faith of the Invisible Pink Unicorns is based upon both logic and faith. We have faith that they are pink; we logically know that they are invisible because we can't see them.
  • vickynleon
    vickynleon Posts: 493 Forumite
    well i bought sunglasses in river island a week ago. after wearing them outside i realised one of the diamonds was a different colour and when the sun shines on them it makes it look like the diamond is missing. I took them to river island llanelli with my original reciept and i had a look of disgust off the sales advisor and she said she didnt know if i could return them so had to speak 2 her manager,
    she was gone about 5 mins and then came back and said that the manager wasnt willing for me to return them as they were dirty and couldnt be re-sold ( even though i was returning them as faulty they wanted to re-sell them) i said but i didnt realise when i bought them because they were in a case i pulled them out and put them straight on but she said once i have bought them i have accepted them like this, i said thats disgusting and she said i could sent them back to customer services if i wanted by this time i was fuming so couldnt even stand the thought of speaking to the manager who was obviously an idiot.
    when i got home i spoke to head office who infact agreed with me and said if the stone is a different colour then they are infact faulty wether they have been worn or not, he then said he could ring the store and explain that i was going to return to have an exchange on them but i felt to annoyed to face them again so he said i could go into another store but gave me his name and contact number incase i had problems in that store but i didnt mention this to them and they changed them without a problem, infact the girl that served me was lovely and said that she would feel the same way.

    I then realised thats obviously the reason the llanelli store was completely empty, no other customer in there where as i seen quite a few customers in the fforestfach store, so if anyone lives in llanelli its well worth taking and extra trip to fforest fach to recieve proper customer service with a smile rather than a face like a smacked a**e :rotfl:
  • gadgetmind
    gadgetmind Posts: 11,130 Forumite
    First Anniversary First Post Combo Breaker
    vickynleon wrote: »
    she was gone about 5 mins and then came back and said that the manager wasnt willing for me to return them

    Not his decision to make. You are rejecting them under the Sale of Goods Act, and they are legally obliged to give you a full refund.
    I am not a financial adviser and neither do I play one on television. I might occasionally give bad advice but at least it's free.

    Like all religions, the Faith of the Invisible Pink Unicorns is based upon both logic and faith. We have faith that they are pink; we logically know that they are invisible because we can't see them.
  • vickynleon
    vickynleon Posts: 493 Forumite
    gadgetmind wrote: »
    Not his decision to make. You are rejecting them under the Sale of Goods Act, and they are legally obliged to give you a full refund.

    yea exactly i have filed a complaint with customer service and i have rung the store this evening to tell them this and the lady i spoke to was lovely and said they should of been exchanged for me and couldnt under stand why they hadnt and she apoligised because of my trouble but couldnt comment exactly on what had been said because she wasnt there at the time. she is also going to pass it on to her main manager to let her know and because i told customer service i am out of pocket because my dad took me because i dnt drive i could either have a cheque or more money in vouchers so went for the vouchers but will definetely not be returning to the llanelli store to spend them. i just wish i had been able to bite my tounge and teach the manager that i am entitled to have my money back or an exchange but im fed up of buying rubbish and i kinda lost my cool lol over something so simple that could of easily been sorted but i know my rights now which i didnt when i was younger because i have worked in retail for quite a few years and have learned what i need to know :) oh well at least i have my new sunglasses and i'll be purchasing a top out of my vouchers to go with them :T
  • rickbonar
    rickbonar Posts: 448 Forumite
    gadgetmind wrote: »
    Our story was very similar, though the delay was going to be several weeks. The manager, whose name I'll quote if recollecting this makes me any more angry :-) stood and explained at length why their own Ts&Cs meant the Sale of Goods Act - a copy of which was the counter being pushed backwards and forwards between us - didn't apply.

    Given that this seems to be widespread, maybe Carphone Warehouse restrict the training they give their staff to how to wriggle out of legal obligations? They certainly seem to have tried it on with both you and I.


    Thank you gadget..

    That's what you've got to do folks .. name names
  • Oasis Manchester - great customer service, exchanged the wrongly sized bikini top no question, agreed it was a labelling error. Would have refunded if I had wanted due to it being a shop error? Was v pleased, thought I would have had to argue my case!
    LB moment March 08 - 11k debt,
    Debt free March 2010 :)
  • smala01
    smala01 Posts: 154 Forumite
    I would take issue with the "proof of purchase" being a bank or credit card statement. All this proves is you spent £xx in the store. It does not prove you bought the item you are returning.
    I often work on the returns desk at a cheap clothing store and people regularly "try it on" returning things they've worn etc and even taking in one of our bags, filling it up and trying to pass these off as previously purchased items for exchange. I'm sorry, but someone claiming to prove that they bought a £10 item and showing me a bank statement for a £65 purchase is not proof that they bought the item and we, the staff are told to encouraged the customer to go for an exchange and say this is a goodwill gesture rather than to offer a refund (which they could have had if they brought a receipt with them).

    Im affraid the Office of Fair trading (OFT) and trading standards dissagree's with you - and I'm sure a court would too.

    The courts considers it REASONABLE for a consumer to return a product with a card statement as a reciept (through precident).

    Your IT systems will enable you to trace back the transaction and find the exact item - if you suspected fraud then i would suggest it is UNREASONABLE for you to refuse a refund unless you first proved the transaction on the credit card did NOT match the garment being returned.

    The fact that you dont know how to do this, or your manager is unwilling is no escuse.

    I would enjoy taking your employer to court for fun if this situation happened to me.

    Smala01


    P.s. Of course - this all assumes the individual is returning a faulty product. Change of mind only requires you to comply with your published policy which could stipulate reciept only.
  • smala01
    smala01 Posts: 154 Forumite
    What we all need to remember is that employee's in stores can say whatever they like to you. You cant force them to comply with the act on the spot.

    Even if the retailer is blatently breaching SoG Act they dont HAVE to do anything.

    Your only right of redress is in the courts (which thankfully is rather easy through moneyclaim)

    So if you dont get redress in store, write to head office. If still no redress collate your paperwork and make a small claim court application.

    Smala01

    P.S. having done some work for major retialers i know trading standards (TS) visits are expensive for the retailer in staff time and are taken seriously by their legal department / area management. Ensure you also make a written complaint to TS if you feel like wasting "them" some money. If enough complaints are recieved then TS will pay them a visit and conduct some "checks" :)
  • smala01
    smala01 Posts: 154 Forumite
    lgys15653 wrote: »
    hi can any one help? bought a mirror from focus in skegness last sunday only to find it is too big for what i need, i have not tried to take it back yet but will saturday, i have been tolded i can not take it back because the store is in receivership, but it does not close till the end of july. can anyone please tell me where i stand on this matter. many thanks steve sorry if its in the wrong place:(


    No - you have no legal right to return the product. Once a company is in recievership those who made purchases before the administration date are considered unsecured creditors (and due part of proceeds once the company is liquidated) - usually only a few pence in the pound.

    On a side note - the staff in my local focus are so ***** off they were VERY helpful to a few customers at the service desk :)

    Smala01
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