No idea?

ree123

Hello all. Please be kind, I'm asking for advice. Thank you.

I seem to be in a bit of a spin in regards of consumer rights at the moment. Because I seem to have none??

I'll keep brief.
Had a clutch fitted by a mobile mechanic, I had to limp home and got it on the drive (live rural so not easy to phone someone to help). Got the price, agreed, fitted clutch, wasnt fitted correctly, car now a problem, was told by mechanic "im putting the wrong part of my foot on the clutch", phoned trading standards, can't help, on your own. (Have written confirmation).

Spoke to EE about changing contract because we can signed up to a new one,  and was told we have a cooling off period of 14 days, I phoned the next day, then told, nope, you are now in a contract of 2 years. I have the call recordings. When I open a complaint, within 72 hours they close it and say it's resolved. Which it isn't.
And brought something of amazon on Wednesday that was delivered yesterday and does not work, but because it was delivered by Evri, their website doesn't work, I can't return?

Am I missing something? Who/what should i be contacting?

Or even moving forward, what safeguards are out there? Im finding this very scary to ask for help anymore.
If someone could help, I'd be grateful. Thank you

Grumpy_chap

Hello all. Please be kind, I'm asking for advice. Thank you.

I seem to be in a bit of a spin in regards of consumer rights at the moment. Because I seem to have none??

I'll keep brief.
Had a clutch fitted by a mobile mechanic, I had to limp home and got it on the drive (live rural so not easy to phone someone to help). Got the price, agreed, fitted clutch, wasnt fitted correctly, car now a problem, was told by mechanic "im putting the wrong part of my foot on the clutch", phoned trading standards, can't help, on your own. (Have written confirmation).

Spoke to EE about changing contract because we can signed up to a new one,  and was told we have a cooling off period of 14 days, I phoned the next day, then told, nope, you are now in a contract of 2 years. I have the call recordings. When I open a complaint, within 72 hours they close it and say it's resolved. Which it isn't.
And brought something of amazon on Wednesday that was delivered yesterday and does not work, but because it was delivered by Evri, their website doesn't work, I can't return?

Am I missing something? Who/what should i be contacting?

Or even moving forward, what safeguards are out there? Im finding this very scary to ask for help anymore.
If someone could help, I'd be grateful. Thank you

Just for clarity, these are three wholly separate issues and not in any way connected?

1. Clutch on the car
2. EE mobile phone contract
3. Amazon purchase

eskbanker

Those are three separate issues with potentially different resolutions.

For the mechanic one, you can indeed report the mechanic to Trading Standards (via CAB), but they make it clear that their role isn't to resolve individual disputes, so won't intervene on your behalf. Your best bet will be to get the car inspected by an independent mechanic to confirm that the job wasn't done properly, and then take it from there, either pursuing the mechanic (small claims if necessary) or potentially your card provider if you paid by card.

For EE, if you're not getting anywhere with them, you can escalate to the Communications Ombudsman.

On the Amazon/Evri one, I don't understand whose website "doesn't work" but if your purchase doesn't work then you do have consumer rights against the seller, who may not be Amazon but one of their marketplace sellers - again you may have options via card provider if the seller is uncooperative…

soolin

Number 3 is the easiest. Even from a 3rd party the option to report an item as faulty is there in all orders. Find order, click on the option that says something like ‘raise an issue’ and follow explanation. The last one I had I had to send seller a message first and then after 24 hours escalate it to Amazon, no problem at all.

EDit just checked one of my purchases from a 3rd party seller. Click on ‘return’ option , choose the best option which appears to be item is defective or does not work, get return label and return

sonearandyetsofa

1. Get a second opinion from a different mechanic, if they agree that's the fault write a letter before action to the first mechanic stating your intention to take them to small claims court unless they remedy or refund (whichever outcome you want)
2. You have the right to cancel within 14 days but can be charged for any of the service that you've used in that time. This is a pretty good guide I think? https://www.citizensadvice.org.uk/consumer/phone-internet-downloads-or-tv/cancelling-a-phone-tv-internet-or-mobile-contract/ Unless you signed up in person, I don't think they can hold you to this.
3. Open a return on Amazon, not Evri. Unless I'm misunderstanding what the problem is? I have had to contact Amazon customer service for help before and they were able to help me sort out an undelivered order.

ree123

https://forums.moneysavingexpert.com/discussion/comment/82104702#Comment_82104702

Thank you for your response. I've contacted them regarding the clutch and was told nothing can be done.

Regarding EE. Despite all of the recorded phone calls I have. I have calls recorded that they admit and say they're wrong. I have contacted ombudsman and they said get a deadlock letter, the problem is I can't get a letter from EE because they keep closing the case after a few days, then I have to re open etc... I'm going round in circles

In respect of amazon, I have taken screen shots, I cannot return the item. It states i cannot send it back? I have tried again and again, and the site will not entertain it, the sellers site along with evri. If i try, it just shuts down. . Thank you

eskbanker

I've contacted them regarding the clutch and was told nothing can be done.

Contacted who? Hopefully you're not still referring to Trading Standards, as it's already been clarified that they can't help you…

Regarding EE. Despite all of the recorded phone calls I have. I have calls recorded that they admit and say they're wrong. I have contacted ombudsman and they said get a deadlock letter, the problem is I can't get a letter from EE because they keep closing the case after a few days, then I have to re open etc... I'm going round in circles

As with other ombudsman processes, you can invoke theirs if you haven't received an adequate response from the telco after six weeks, without having to wait beyond that for a deadlock letter.

In respect of amazon, I have taken screen shots, I cannot return the item. It states i cannot send it back? I have tried again and again, and the site will not entertain it, the sellers site along with evri. If i try, it just shuts down

It's still not really clear exactly what process you're following and precisely what error messages are being shown, but you do have consumer rights if you've received faulty goods, so follow the guidance given above…

OutdoorQueen

Unfortunately, most trading standards teams do not give consumer advice anymore. The Citizens Advice Consumer Service ( separate service to the local CAB) give phone advice on consumer issues. You can then call them back when you need info on the next step or to clarify. The local TS are notified of all calls and deal with the matter in line with local criteria.

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

Phone number 0808 223 1133

fatbelly

Issue 1. The car now has a problem. What is the problem? Does the clutch not engage/not disengage/slip? Is it now very heavy? You are going to need a report by someone experienced to evidence your position and then be clear to the mechanic whether you are looking for compensation or for him to redo the job.

Then you may be looking at a court claim where you will have to convince a judge that the job was not carried out with 'reasonable care and skill.' Not saying any of this is easy but it is not true that you have no rights

You have the right to have any service carried out with care and skill

ree123

https://forums.moneysavingexpert.com/discussion/comment/82105120#Comment_82105120

Thank you. I will reply to this message and then I'm going to sign off.

The car immediately had a problem after the clutch was fitted. I have taken it to 2 independent garages that say they can deal with it if I pay another £700 to get the clutch taken out and a new one to be installed, that's the advice. From what I've been told you can't just take out a clutch, have a look and just put it back in.

I did ask the original mechanic man back and he said, (of which I have a recording), I'm putting the wrong part of my foot on the clutch.

I was told by trading standards, there is nothing I can do.

I was just asking for advice, as a consumer, I do not feel I have any help at all. (Not from you lot), but registered companies/bodies.

Thank you all and I'll leave it there have a good evening

eskbanker

I was told by trading standards, there is nothing I can do.

I was just asking for advice, as a consumer, I do not feel I have any help at all. (Not from you lot), but registered companies/bodies.

As above, it wouldn't surprise me if Trading Standards told you that there's nothing that they can do for you, because that isn't their role, but it's already been pointed out that you do have consumer rights that you can either exercise yourself or potentially via your card provider if you paid by card.

There is though a difference between having consumer rights and actually enforcing them, and the latter does involve some effort, although CAB may be able to help you with wording letters, etc, if the above advice still isn't what you're looking for.