Quick questions on Consumer Rights

Valli · 11 March 2014 at 11:19PM

romanram wrote: »

Hello

In June 2013 I bought a bathroom sink (vanity unit), this was delivered in July. In February we noticed a crack in the sink and contacted the retailer who then sent the details back to the manufacturer.

We have received a reply saying that, as the manufacturer cannot confirm whether the sink was damaged by us (which it wasn't) or was a manufacturing problem, then they will replace the sink unit. However we will have to pay for the old sink to be removed and a new one put back in. As this is a vanity unit this is a bigger job.

Am I in my rights to demand they pay for someone to fit the replacement sink?

Regards

Given that the item was delivered over 6 months ago then, I believe, no you're not. It seems reasonable of them to replace the sink

However...it may be possible to claim on your household contents policy.

daveyjim · 13 March 2014 at 7:10PM

Hi, I hope there is somebody helpful out there.

I am having a problem with National/Europcar.

I rented a van for a weekend one-way Preston to Newcastle. I booked this online, but their website I've later found out seemed to be having a formatting problem.

Instead of a box saying one way - £65 it was actually showing like this:

T_vehicle_license_fee
T_rate_breakdown_vat
T_unlimited_mileage

Because the above was showing, the size of the box could not fit everything in, so the additional charge box was showing no figures.

I checked this on two computers, and they were both showing like this, so I knew it wasn't my computer. I then booked thinking I was paying £84 but I was told I would need to pay £65 upfront which I wasn't aware of. I received this info in a booking reference where it confirmed the t_ style showing was a problem on their systems.

I looked to cancel this, and use another rental place but I would have been liable to pay £20 which I felt was unfair.

National/Europcar have said because I got a booking confirmation with the prices they will not do anything. But, I disagree that I should have paid £20 to cancel a booking due to their system error.

Any ideas please?

Annoyedbbride · 24 March 2014 at 7:49PM

Hi

I have recently ordered my wedding invites from a company online.

The person sent me a sample of the invites and I agreed I was happy with them.

She then confirmed on the 12/3 they would be posted the next day, she confirmed to me on the 14/3 that my invites had been sent to the post office and were sent 48 hour courier service.

In an email she confirmed "48 hour service usually includes Saturday but please expect Monday to avoid disappointment" that would have been Monday 17 however I did not receive them until Wednesday 19th.

When I hve received the invites they are off poor quality and the backs of them are dirty, it seems like she has packaged them together too soon, the ink has not been dry therefore have printed on to the backs of the invites sitting on top of them.

I message her as soon as I received them, Wednesday 19th to confirm this and it has taken her until today to reply and confirm she will not refund.

There is no mention of a refund not being possible on her website and at no point in email conversations was it confirmed once sent a refund would not be possible.

Due to the delays from the items being sent an her reply to me confirming what would happen, I have had to order invites elsewhere as I only have 7 weeks to go so need to send them out.

Can anyone give me any kind of advice on how I should go about this and if I should be entitled to a refund ?

Thanks

One very annoyed and stressed bride !!

danielpapa202 · 24 March 2014 at 8:21PM

what is the name of the company? I would try demanding your money back again. I am sure the sale of goods act applies to this. I cant post links as I am a new user but in google search "mse sale of goods act 1979" and click the top result. This should help.

Valli · 24 March 2014 at 8:23PM

Annoyedbbride wrote: »

Hi

I have recently ordered my wedding invites from a company online.

The person sent me a sample of the invites and I agreed I was happy with them.

She then confirmed on the 12/3 they would be posted the next day, she confirmed to me on the 14/3 that my invites had been sent to the post office and were sent 48 hour courier service.

In an email she confirmed "48 hour service usually includes Saturday but please expect Monday to avoid disappointment" that would have been Monday 17 however I did not receive them until Wednesday 19th.

When I hve received the invites they are off poor quality and the backs of them are dirty, it seems like she has packaged them together too soon, the ink has not been dry therefore have printed on to the backs of the invites sitting on top of them.

I message her as soon as I received them, Wednesday 19th to confirm this and it has taken her until today to reply and confirm she will not refund.

There is no mention of a refund not being possible on her website and at no point in email conversations was it confirmed once sent a refund would not be possible.

Due to the delays from the items being sent an her reply to me confirming what would happen, I have had to order invites elsewhere as I only have 7 weeks to go so need to send them out.

Can anyone give me any kind of advice on how I should go about this and if I should be entitled to a refund ?

Thanks

One very annoyed and stressed bride !!

Given that you have now ordered elsewheere send a LETTER BEFORE ACTION requesting a refund of monies paid or you will escalate to small claims court.

Thus

Dear *printer*

re Order number

LETTER BEFORE ACTION

Further to my recent communication regarding the poor quality of the invitations you produced for me, which I have been unable to use, I now request that you refund (£cost) to me within 14 days of the date of this letter or I will escalate my claim to small Claims Court whereupon I shall include in my claim the cost of bringing the action and any additional expenses incurred in so doing.

Yours sincerely

Annoyed Bride

Google Money Claim Online and ensure you understand what you are threatening her with before sending the letter; the cost of bringing the action can be added to your claim. Send the letter by recorded delivery and retain the receipt.

Retain copies of all correspondence, and, of course, the faulty invitations as you may need them should the case go to court and the defendant (printer) tries to defend her claim.

HTH

The relevant legislation is the Distance Selling Regulations (I think, may be The Sale of Goods Act; ) - these are personalised goods which cannot normally be returned but you do have the right to reject if they're faulty.

Annoyedbbride · 24 March 2014 at 8:42PM

Thank you so much thus really helps!

Regards

yungstar · 6 April 2014 at 3:04PM

hi all

wife bought and registered an Asus pc (win8 pre-installed) from Argos in nov 2014 and its just stopped working (wont boot).

i've been in touch with Asus via email a couple of times and while i explained the problem, there replies appear to me like they are ignoring the problem and suggesting i do something with the PC to get it to boot. even though i've told them that it won't boot so that i can do as they suggest.

there 2nd reply to me said "In the situation, please unplug the power, power off ten minutes, then connect it and boot up the PC and test again.
If the problem is still, please directly recovery system for a try."
i can't recover the system as it won't boot to allow me.

the question i'm asking, if i phone Argos and say the PC is faulty and they tell me to get in touch with Asus to get it sorted. is that what i have to do or have Agos got to get it sorted?

regards

wealdroam · 6 April 2014 at 3:31PM

yungstar wrote: »

hi all

wife bought and registered an Asus pc (win8 pre-installed) from Argos in nov 2014 and its just stopped working (wont boot).

i've been in touch with Asus via email a couple of times and while i explained the problem, there replies appear to me like they are ignoring the problem and suggesting i do something with the PC to get it to boot. even though i've told them that it won't boot so that i can do as they suggest.

there 2nd reply to me said "In the situation, please unplug the power, power off ten minutes, then connect it and boot up the PC and test again.
If the problem is still, please directly recovery system for a try."
i can't recover the system as it won't boot to allow me.

the question i'm asking, if i phone Argos and say the PC is faulty and they tell me to get in touch with Asus to get it sorted. is that what i have to do or have Agos got to get it sorted?

regards

Hi Yungstar, welcome to the forums.

Here is a short extract from MSE's Consumer Rights guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

The rest of that document is well worth reading too.

P.s. I guess you mean November 2013.

You could try posting details of your actual problem in the Techie Stuff board to see if they can fix it for you.

yungstar · 6 April 2014 at 3:37PM

wealdroam wrote: »

Hi Yungstar, welcome to the forums.

P.s. I guess you mean November 2013.

:oindeed Nov 2013 and thanks for the quick reply.

ommanipadmehum · 29 May 2014 at 11:30AM

Hi everyone - new member, so please let me know if I'm in the wrong place! I booked a holiday including flights, transfers and accommodation. When we got there they walked us to a different hotel 10 minutes away - I followed their complaints procedure and they admitted fault and offered us a 15% refund on the cost of the hotel part of the booking. As we chose this holiday completely around the hotel we booked due to it being right on the beach (my wife suffers from arthritis) - this doesn't seem like fair recompense - especially as it seems like this company actually does this on purpose (from reading around afterwards and from comments made at the hotel). Not sure what the legal position is on this? If I don't want to accept this offer what would be the next steps?

Thanks in advance for your help!

Quick questions on Consumer Rights

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