Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • 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 63
    • BefuddledOldCodger
    • By BefuddledOldCodger 12th Aug 19, 12:03 PM
    • 2 Posts
    • 0 Thanks
    BefuddledOldCodger
    Final Itemised Bill?
    I left a supply agreement with TalkTalk on Monday 29th July at exactly 10.21am, when Openreach switched my line (and supply agreement) over to Plusnet. In short, TalkTalk were trying to insist I pay a whole months charges in advance (although I was only their customer for one day that month), which I refused to pay requesting them to send me a Final Account Bill. Now they (TT) have sent me a bill for advance charges WHOLLY OUTSIDE THE PERIOD WHEN I WAS THEIR CUSTOMER and have reduced it (but not detailed how) and state I owe them around £4.25.


    I believe that once a contact betwwen us has ended, I am entitled in law to have an itemised final account bill from them for final settlement of all monies due. Am I correct?
    • DoaM
    • By DoaM 12th Aug 19, 2:01 PM
    • 7,938 Posts
    • 7,768 Thanks
    DoaM
    How much was your typical monthly bill? What was your usual monthly billing cycle? (Date to Date)

    £4.25 for 1 day would suggest £127.50 per month which I highly doubt.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • mattyprice4004
    • By mattyprice4004 12th Aug 19, 6:23 PM
    • 4,222 Posts
    • 3,885 Thanks
    mattyprice4004
    What does your agreement say about giving notice to leave TalkTalk? Did you give them the required notice?
    • anniecave
    • By anniecave 12th Aug 19, 7:53 PM
    • 2,296 Posts
    • 745 Thanks
    anniecave
    If you receive a bill and it is not clear exactly what you are being invoiced for and/or credited for then I would suggest you contact them to ask?
    Indecision is the key to flexibility.
    • 30by30
    • By 30by30 13th Aug 19, 11:17 AM
    • 5 Posts
    • 2 Thanks
    30by30
    Would anyone be able to advise on our best position for argument under CR law etc when a car rental company fails to provide a pre-booked car at the allocated time and thus as a consequence of a protracted delay (2+hrs) you miss a family members wedding? (We did eventually get a car, but rather than arriving at the wedding 30 mins prior, we arrived over 2 hours late - just in time for food!)

    Currently arguing the moral grounds but wonder if there is anywhere anyone can point me to get further?

    I do appreciate that they provided us with a car in the end, but given the circumstances and attitude of the staff at the office we rented from I'm sufficiently disgruntled/hopping mad as to argue for compensation.

    Thank you in advance!
    • DoaM
    • By DoaM 13th Aug 19, 11:30 AM
    • 7,938 Posts
    • 7,768 Thanks
    DoaM
    What did the T&Cs of the rental say? Did they confirm a specific time? What did they say about delays?

    Were they made clearly aware of the reason for the hire, and the timings? (i.e. were they aware that Time was of the essence?)

    When the delay was evident, was it not possible to arrange alternative means of travel (e.g. taxi) to get to the venue? (That may have given you a provable loss caused by their breach of contract).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • 30by30
    • By 30by30 13th Aug 19, 11:45 AM
    • 5 Posts
    • 2 Thanks
    30by30
    I had a look through the T&Cs and the most relevant bit states:

    In accordance with these Terms and Conditions of Hire (‘T&Cs’) we will have the following obligations:
    to rent a Vehicle (....) plus any requested Accessories (...) to you (being the person named in the Rental Agreement (as defined below) and the person who signs it) for the period of time that is specified in the Rental Agreement and which shall not exceed 84 days (the “Hire Period”).

    In that would be the argument that I have proposed which is that they failed to rent a vehicle 'for the period of time that is specified in the Rental Agreement, i.e. from 11am.

    It also states that:

    You accept that in certain circumstances it will not be possible to provide you with a Vehicle or to provide you with the Services you have reserved. In such circumstances or if we are in breach of this Contract you agree that our maximum liability for any losses (including any loss of profits, loss of business, business interruption, or loss of business opportunity) in contract or tort will be limited to the value of the Vehicle hire and/or any ancillary services you reserved during the booking process.

    Europcar were made aware immediately upon arrival at the rental company of the purpose (the member of staff did not give one single hoot about this).

    The wedding was 90 mins drive so whilst I suppose we could have paid for a taxi the cost would have been so exorbitant that the idea of arguing for that monies to be refunded as opposed to the cost (or portion of the cost) of the car rental period was preferable.
    • Valli
    • By Valli 13th Aug 19, 12:13 PM
    • 21,309 Posts
    • 240,834 Thanks
    Valli
    Was this rental abroad?
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    Janice 1964-2016

    Thank you Honey Bear
    • 30by30
    • By 30by30 13th Aug 19, 12:56 PM
    • 5 Posts
    • 2 Thanks
    30by30
    Nope. In London.
    • Bazatron
    • By Bazatron 19th Aug 19, 9:20 AM
    • 2 Posts
    • 0 Thanks
    Bazatron
    Exchange on discounted faulty item
    Hi, Hope someone can advise me on this. I purchased a handbag from John Lewis 3 months ago, it is faulty and I would like a replacement. However, I have been told as they don't have the same colour in stock I can only get a different colour bag (which I am fine with) however, at full price, so I have to pay them more money, losing the original discount. I don't have a receipt but have provided proof of purchase in a bank statement, it is a John Lewis branded product, so could not be from anywhere else. I really don't want to pay more money to replace a faulty item, seems unfair. They won’t repair or refund the bag either. Customer service has agreed the bag is faulty but are unable to do anything as it is at the store managers discretion what they choose to do, if anything. Are they allowed to charge me more to replace a faulty item?
    • Aylesbury Duck
    • By Aylesbury Duck 19th Aug 19, 9:27 AM
    • 4,684 Posts
    • 6,285 Thanks
    Aylesbury Duck
    Hi, Hope someone can advise me on this. I purchased a handbag from John Lewis 3 months ago, it is faulty and I would like a replacement. However, I have been told as they don't have the same colour in stock I can only get a different colour bag (which I am fine with) however, at full price, so I have to pay them more money, losing the original discount. I don't have a receipt but have provided proof of purchase in a bank statement, it is a John Lewis branded product, so could not be from anywhere else. I really don't want to pay more money to replace a faulty item, seems unfair. They won’t repair or refund the bag either. Customer service has agreed the bag is faulty but are unable to do anything as it is at the store managers discretion what they choose to do, if anything. Are they allowed to charge me more to replace a faulty item?
    Originally posted by Bazatron
    If it's faulty after three months then JL have the choice of refunding you, replacing the bag or repairing it. If they've decided not to refund or repair, they may replace it but you would be required to pay any difference in price. That's perfectly fair.
    • Bazatron
    • By Bazatron 19th Aug 19, 9:39 AM
    • 2 Posts
    • 0 Thanks
    Bazatron
    Ok, thank you. That is good to know.
    • unholyangel
    • By unholyangel 19th Aug 19, 9:47 AM
    • 13,992 Posts
    • 11,238 Thanks
    unholyangel
    Hi, Hope someone can advise me on this. I purchased a handbag from John Lewis 3 months ago, it is faulty and I would like a replacement. However, I have been told as they don't have the same colour in stock I can only get a different colour bag (which I am fine with) however, at full price, so I have to pay them more money, losing the original discount. I don't have a receipt but have provided proof of purchase in a bank statement, it is a John Lewis branded product, so could not be from anywhere else. I really don't want to pay more money to replace a faulty item, seems unfair. They won’t repair or refund the bag either. Customer service has agreed the bag is faulty but are unable to do anything as it is at the store managers discretion what they choose to do, if anything. Are they allowed to charge me more to replace a faulty item?
    Originally posted by Bazatron
    Technically, to be a replacement under the Consumer Rights Act, it needs to be like for like. In those circumstances, the trader has to cover all costs involved with supplying that replacement. So strictly speaking, this isn't a replacement. More like a credit note towards a new purchase.

    However, you cannot insist on either repair or replacement if they are impossible or disproportionately costly.

    Unfortunately, this usually happens with discounted goods - particularly end of line discounts (which it sounds like this may have been, having none left of the one you purchased) because a replacement can be impossible due to it being end of line and a repair will often be disproportionately costly.
    Last edited by unholyangel; 19-08-2019 at 9:49 AM.
    Money doesn't solve poverty.....it creates it.
    • Hmac123
    • By Hmac123 30th Aug 19, 6:32 PM
    • 1 Posts
    • 0 Thanks
    Hmac123
    I bought an integrated cooker from ao, got an electrician myself to fit it, the cooker is faulty, the hotpoint engineer has been out and advised a new cooker and that ao would fund fitting. I rang ao who are happy to replace but will not paying for fitting, say is not policy. Who’s responsibility is it? I don’t want to be out of pocket again when the product is clearly faulty.
    • unholyangel
    • By unholyangel 30th Aug 19, 9:59 PM
    • 13,992 Posts
    • 11,238 Thanks
    unholyangel
    I bought an integrated cooker from ao, got an electrician myself to fit it, the cooker is faulty, the hotpoint engineer has been out and advised a new cooker and that ao would fund fitting. I rang ao who are happy to replace but will not paying for fitting, say is not policy. Who’s responsibility is it? I don’t want to be out of pocket again when the product is clearly faulty.
    Originally posted by Hmac123
    How long ago did you purchase? Who arranged the hotpoint engineer?
    Money doesn't solve poverty.....it creates it.
    • reetnproper
    • By reetnproper 17th Sep 19, 7:25 PM
    • 134 Posts
    • 1,286 Thanks
    reetnproper
    Expectation of product life
    Hello, the Solid State Drive on my not quite 2yr old Surface Laptop has suffered a catastrophic failure. The laptop is out of warranty by 6 months but not one to take things lying down, I googled to see if I had any rights because, frankly, I would expect the hard drive on a Surface Laptop, and more specifically a Solid State Drive which by it's very nature it's supposed to be more robust, to last significantly longer than 2 years.

    Researching Consumer Rights, I came across the phrase 'expectation of life' of a product in a forum comment but can't actually find a reference to a specific bit of legislation. The example given was 'expectation of life' for a washing machine would reasonably be 6 years.

    For background: Laptop gently used for blogging, emails, photos etc. Never left the house since being unboxed.

    Any advice gratefully received. Thanks in advance.
    No 2119 Eleventh Heaven
    1 2 3 4 5 6 7 8 9 10 11
    • Aylesbury Duck
    • By Aylesbury Duck 17th Sep 19, 7:55 PM
    • 4,684 Posts
    • 6,285 Thanks
    Aylesbury Duck
    Hello, the Solid State Drive on my not quite 2yr old Surface Laptop has suffered a catastrophic failure. The laptop is out of warranty by 6 months but not one to take things lying down, I googled to see if I had any rights because, frankly, I would expect the hard drive on a Surface Laptop, and more specifically a Solid State Drive which by it's very nature it's supposed to be more robust, to last significantly longer than 2 years.

    Researching Consumer Rights, I came across the phrase 'expectation of life' of a product in a forum comment but can't actually find a reference to a specific bit of legislation. The example given was 'expectation of life' for a washing machine would reasonably be 6 years.

    For background: Laptop gently used for blogging, emails, photos etc. Never left the house since being unboxed.

    Any advice gratefully received. Thanks in advance.
    Originally posted by reetnproper
    Get an independent inspection to see if the failure was due to an inherent fault. If it was, you may have a case to take it up with the retailer.
    • chris667
    • By chris667 26th Sep 19, 4:10 PM
    • 71 Posts
    • 21 Thanks
    chris667
    I bought some boots from an online shop recently.
    I cancelled the order because they didn't dispatch them when they said they would. They sent them anyway after I sent a formal notice cancelling the order.
    Who pays to return them so I can get my money back?
    • unholyangel
    • By unholyangel 26th Sep 19, 9:27 PM
    • 13,992 Posts
    • 11,238 Thanks
    unholyangel
    I bought some boots from an online shop recently.
    I cancelled the order because they didn't dispatch them when they said they would. They sent them anyway after I sent a formal notice cancelling the order.
    Who pays to return them so I can get my money back?
    Originally posted by chris667
    Do the terms state contract is only formed on dispatch?
    Money doesn't solve poverty.....it creates it.
    • chris667
    • By chris667 26th Sep 19, 9:50 PM
    • 71 Posts
    • 21 Thanks
    chris667
    Yes they do. With a typo. From their T&Cs:
    ...All orders are subject to acceptance by us , and we will confirm such acceptance by sending you an email that confirms that the product has been dispatched ('Dispatch confrimation' / 'Shipping confirmation'). The contact between us ("contract") will only be formed when we sned you the dispatch confirmation. The contract will relate only to those products we have confirmed in the disptach / shipping confirmation.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

31Posts Today

3,047Users online

Martin's Twitter