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  • FIRST POST
    • squeaky
    • By squeaky 8th Apr 11, 7:40 PM
    • 13,808Posts
    • 15,843Thanks
    squeaky
    Quick questions on Consumer Rights
    • #1
    • 8th Apr 11, 7:40 PM
    Quick questions on Consumer Rights 8th Apr 11 at 7:40 PM
    Hi,

    If you have a query that you think will only need a quick yes or no answer then feel free to ask it here.

    Otherwise you are very welcome to start a new thread.

    Whatever you decide... good luck
    Last edited by squeaky; 20-04-2011 at 8:49 AM.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.

    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = 5.20 Apr 0.50
Page 2
    • derrick
    • By derrick 30th Apr 11, 11:29 AM
    • 7,161 Posts
    • 2,341 Thanks
    derrick
    Somewhere between a long long long long time and never.

    It's not an unsolicited "gift" as such - it a dispatch error; so the company still owns it. They're likely to sort out collection at their own convenience - some time when they have a delivery organised reasonably close to you so that the driver doesn't have to detour too far to make the pickup.
    Originally posted by squeaky

    I think you mean the customers convenience don't you, as the customer should not be put to any INconvenience it not being their fault.

    .
    Don`t steal - the Government doesn`t like the competition


  • shellysue
    it is 2 very big heavy boxes and storage would be a problem if they are going to take forever to pick it up, plus it takes 2 people to lift the boxes and I am not able to lift that sort of weight.
    I don't know if I should badger them to collect it or hope they will forget about it and I can store it in the shed at the bottom of the garden until such time that I could use it
    Sue
    Do I need to eat it
    Can I afford the calories
    have I checked for a lower calorie version
  • Queen of cheap
    Argos... Grrr...
    Just went to purchase a bed for 173. from Argos. However, the bed is not available to collect from store so you HAVE to have it delivered. This incurs nearly 9.00 delivery charge. So, basically, you cannot buy the bed at the price it is advertised at! If you call to question that, or ways around it, you may get through to a manager who may tell you that you are the first person in 8 years to raise this issue and that if you are not happy you can go to CAB who will tell you the same thing as he has; which is that you have to have it delivered and therefore it is not misleading... doh... lost me somewhere there! Grrr... am I missing something here???
    • derrick
    • By derrick 30th Apr 11, 12:24 PM
    • 7,161 Posts
    • 2,341 Thanks
    derrick
    Just went to purchase a bed for 173. from Argos. However, the bed is not available to collect from store so you HAVE to have it delivered. This incurs nearly 9.00 delivery charge. So, basically, you cannot buy the bed at the price it is advertised at! If you call to question that, or ways around it, you may get through to a manager who may tell you that you are the first person in 8 years to raise this issue and that if you are not happy you can go to CAB who will tell you the same thing as he has; which is that you have to have it delivered and therefore it is not misleading... doh... lost me somewhere there! Grrr... am I missing something here???
    Originally posted by Queen of cheap

    Big bulk items,(beds, wardrobes etc) are usually advertised as "home delivery only" in the catalogue, online as well.e.g. this page shows the beds are "Home delivery from X days, and "Cannot be reserved for store pick-up"


    .
    Last edited by derrick; 30-04-2011 at 12:36 PM.
    Don`t steal - the Government doesn`t like the competition


  • ParsleyPinkle
    can I change my mind??
    Bought a suite from Furniture Village last night, paid a deposit and opted for the interest free credit deal. Changed my mind! Having read the funance paperwork I can cancel that agreement within 14 days but can I do the same with the store? Reading post about the Benson store I'm not sure if it's possible. Is it a case of battling it out with store? What happens if I cancel finance, then tell store I don't require goods anymore and, worse case scenario, refuse them if they try to deliver....these were bought from showroom so no special order involved.
    Thanks
    • mo786uk
    • By mo786uk 1st May 11, 12:57 AM
    • 1,358 Posts
    • 573 Thanks
    mo786uk
    Bought a suite from Furniture Village last night, paid a deposit and opted for the interest free credit deal. Changed my mind! Having read the funance paperwork I can cancel that agreement within 14 days but can I do the same with the store? Reading post about the Benson store I'm not sure if it's possible. Is it a case of battling it out with store? What happens if I cancel finance, then tell store I don't require goods anymore and, worse case scenario, refuse them if they try to deliver....these were bought from showroom so no special order involved.
    Thanks
    Originally posted by ParsleyPinkle
    Under current rules you can cancel the credit but you are still tied to the purchase of the goods. The cancellation rules for credit are there incase you want to source credit elsewhere.

    Therefore if you refuse to buy the goods the shop will have to sue you for their losses. If they deliver it then the costs will probably be for both admin and delivery charges.
    • halibut2209
    • By halibut2209 1st May 11, 4:21 PM
    • 4,011 Posts
    • 4,399 Thanks
    halibut2209
    Not sure that's ENTIRELY true. It's POSSIBLE that the OP may only lose the deposit.
    • mo786uk
    • By mo786uk 1st May 11, 4:48 PM
    • 1,358 Posts
    • 573 Thanks
    mo786uk
    Not sure that's ENTIRELY true. It's POSSIBLE that the OP may only lose the deposit.
    Originally posted by halibut2209
    Well that is the legal theory. Depending on the size of the deposit the shop may be happy to cancel the order and keep the deposit as it will effectivley be free money.

    On the other hand if they are insistent on not cancelling the goods or the OP refuses the delivery then they may well have cause to ask for more. That said I believe they must mitigate their losses so trying to deliver 20 times and racking up 1000 in delviery charges will probably be frowned upon by the court should they pursue a civil case.
  • ozrock
    Hi, I bought an ipod charger from a seller on Play.com in January who described it as an original Apple ipod charger. When it arrived and I plugged it into my pod, it not only started smoking but it also blew my ipod. I contacted the company and they refunded the money for the charger, but I want them to refund the cost of the ipod as it was brand new at Xmas and their charger destroyed it. Despite writing them letters asking for the cost of the ipod, they are completely ignoring me. I've now written again advising I will take this to the Small Claims Court, but again, no reply. Would I have a leg to stand on if I took this further because I have been refunded for the goods I bought, but I want to claim for the damage the goods have caused.
    Originally posted by kelmeg2favgirls
    I think you will have a claim under the Consumer Protection Act 1987 for negligence against a business. This Act removes your need to prove negligence as liability is strict, where any damages caused wholly or partly by a defect in a product shall be liable for the damage. Write to them and tell them that they are liable under this Act and give them a date by which they should respond, or you will take legal action.
  • ozrock
    Just went to purchase a bed for 173. from Argos. However, the bed is not available to collect from store so you HAVE to have it delivered. This incurs nearly 9.00 delivery charge. So, basically, you cannot buy the bed at the price it is advertised at! If you call to question that, or ways around it, you may get through to a manager who may tell you that you are the first person in 8 years to raise this issue and that if you are not happy you can go to CAB who will tell you the same thing as he has; which is that you have to have it delivered and therefore it is not misleading... doh... lost me somewhere there! Grrr... am I missing something here???
    Originally posted by Queen of cheap
    If you did buy the bed and if you knew before you bought the bed there would be a delivery charge you may have a legally binding contract with Argos. However, if you feel you have been mislead, the Misrepresentation Act may apply and there is also the Unfair Contract Terms Act which may the appropreate Act to use.
  • laura_123
    Help
    Hi,
    I ordered a dress and bag of bankfashion online, I payed buy card. I recieved a text message two days later saying that it will be delivered that day between 9.30am - 12.30pm. I looked online and tracked my order to say that it had been signed for at 9.41 that morning. I have rang the delivery service and they have told me that they can not do anything until the driver has been interviewed, which could take up to 48hours. I then rang the retail customer service who also said the same but she said looking at the signature you can tell that it wasn't my name that had signed for it.
    I would just like to know what rights I have because ive basically payed from something which I have not recieved.
    I would appriciate any advice given to me.
    Thank you
    • wealdroam
    • By wealdroam 7th May 11, 3:38 PM
    • 18,661 Posts
    • 15,598 Thanks
    wealdroam
    Hi,
    I ordered a dress and bag of bankfashion online, I payed buy card. I recieved a text message two days later saying that it will be delivered that day between 9.30am - 12.30pm. I looked online and tracked my order to say that it had been signed for at 9.41 that morning. I have rang the delivery service and they have told me that they can not do anything until the driver has been interviewed, which could take up to 48hours. I then rang the retail customer service who also said the same but she said looking at the signature you can tell that it wasn't my name that had signed for it.
    I would just like to know what rights I have because ive basically payed from something which I have not recieved.
    I would appriciate any advice given to me.
    Thank you
    Originally posted by laura_123
    You may need to push Bankfashion for a resolution, but it seems that they're on the case.
    You do not need to take up the issue with the delivery company, that's Banksfashion's job.

    Is it possible that one of your neighbours tookin the parcel while you were out?
    • wealdroam
    • By wealdroam 7th May 11, 4:02 PM
    • 18,661 Posts
    • 15,598 Thanks
    wealdroam
    I just hope that I will be refunded or get the goods which have been payed for!
    Originally posted by laura_123
    I answered your other post with...
    Just cancel the order if you like.
    Under Distance Selling Regulations, Banksfashion must refund all monies paid.
    Originally posted by wealdroam
  • claire.cmd
    I purchased a H.P laptop on the 4th March & reported a fault that had happened twice before (but I thought it may have been something I had done!) on the 4th April. I went through to the technical dept who went through a series of tests etc which took 3 days in total of phone calls to complete then the agent said it was faulty & needed to go for repair, I advised I was not going to accept this as the item developed a fault within 30 days, to cut a VERY long story short after several e-mails & calls to various people after being passed from pillar to post! H.P have advised I can have a refund or replacement, I have requested as a gesture of good will either an upgrade or refund plus refunding my costs for calls, time & usb's that I had to purchase to back up my system etc.
    If I was to post the e-mails I have received back from H.P you will all be appalled by the lack of customer service! it has taken 5 weeks for them to authorise a refund of the unit only but I have to have the old one collected & then send a form off to them to do this apparently?? something I don't understand as it did not take that long for them to take my money!! Can anyone please advise me am I within my rights to seek compensation for the calls etc as the laptop was faulty??
    • wealdroam
    • By wealdroam 12th May 11, 4:59 PM
    • 18,661 Posts
    • 15,598 Thanks
    wealdroam
    I purchased a H.P laptop on the 4th March & reported a fault that had happened twice before (but I thought it may have been something I had done!) on the 4th April. I went through to the technical dept who went through a series of tests etc which took 3 days in total of phone calls to complete then the agent said it was faulty & needed to go for repair, I advised I was not going to accept this as the item developed a fault within 30 days, to cut a VERY long story short after several e-mails & calls to various people after being passed from pillar to post! H.P have advised I can have a refund or replacement, I have requested as a gesture of good will either an upgrade or refund plus refunding my costs for calls, time & usb's that I had to purchase to back up my system etc.
    If I was to post the e-mails I have received back from H.P you will all be appalled by the lack of customer service! it has taken 5 weeks for them to authorise a refund of the unit only but I have to have the old one collected & then send a form off to them to do this apparently?? something I don't understand as it did not take that long for them to take my money!! Can anyone please advise me am I within my rights to seek compensation for the calls etc as the laptop was faulty??
    Originally posted by claire.cmd
    Have answered on your other thread.
  • CICC
    Question about VAT Since the increase in January
    Hi,

    If you have a query that you think will only need a quick yes or no answer then feel free to ask it here.

    Otherwise you are very welcome to start a new thread.

    Whatever you decide... good luck
    Originally posted by squeaky

    I just have 1 question (this is my 1st time using this forum):

    I ordered bridesmaids dresses in October last year (I paid 50% of the agreed price) to place the order. This agreed price was inclusive of VAT at 17.5%. I have been told that the dresses arrived into the shop last week; and that I have to pay a 2.5% levy on the balance due to complete payment of the dresses. My understanding is that I shouldn't have to pay this 2.5% levy on the remaining balance as the order was placed pre-January for an agreed price (which was inclusive of 17.5% VAT)! Please help me with this! I spoke to the shop assistant and she referred me to the Customs & Excise website which confirm this is so; although I have had no luck in finding out the answer to this! Please help, as I think I do not have to pay this? Thanks.
  • gordikin
    I just have 1 question (this is my 1st time using this forum):

    I ordered bridesmaids dresses in October last year (I paid 50% of the agreed price) to place the order. This agreed price was inclusive of VAT at 17.5%. I have been told that the dresses arrived into the shop last week; and that I have to pay a 2.5% levy on the balance due to complete payment of the dresses. My understanding is that I shouldn't have to pay this 2.5% levy on the remaining balance as the order was placed pre-January for an agreed price (which was inclusive of 17.5% VAT)! Please help me with this! I spoke to the shop assistant and she referred me to the Customs & Excise website which confirm this is so; although I have had no luck in finding out the answer to this! Please help, as I think I do not have to pay this? Thanks.
    Originally posted by CICC

    Bad news is yes the shop assistant is correct. If you had paid in full before the 1st Jan. you'd have managed to avoid the VAT increase.
    • wealdroam
    • By wealdroam 25th May 11, 12:40 PM
    • 18,661 Posts
    • 15,598 Thanks
    wealdroam
    I just have 1 question (this is my 1st time using this forum):

    I ordered bridesmaids dresses in October last year (I paid 50% of the agreed price) to place the order. This agreed price was inclusive of VAT at 17.5%. I have been told that the dresses arrived into the shop last week; and that I have to pay a 2.5% levy on the balance due to complete payment of the dresses. My understanding is that I shouldn't have to pay this 2.5% levy on the remaining balance as the order was placed pre-January for an agreed price (which was inclusive of 17.5% VAT)! Please help me with this! I spoke to the shop assistant and she referred me to the Customs & Excise website which confirm this is so; although I have had no luck in finding out the answer to this! Please help, as I think I do not have to pay this? Thanks.
    Originally posted by CICC
    Your answer is on the HMRC website.
    On page 9 of this document under the heading...
    2.6 How do I deal with deposits or pre-payments?
    It shows that vat at 17.5% is due, and has been paid, on the deposit that was paid last year, and vat at 20% is due on the balance that is to be paid now.
    There are examples there.
  • CICC
    Thank you both for your very helpful and informative responses. I read the link on the HMRC website and understand my position now. I just wouldn't have been happy paying the extra VAT while not understanding why or if it was right. Once again, thanks to both of you! I'll definitely use this forum again!
  • CICC
    Is there a way that I can 'thank you' both so that it shows under your usernames? (Sorry not too proficient with this forum thing)
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