Quick questions on Consumer Rights

DoaM · 12 August 2019 at 3:01PM

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.

mattyprice4004 · 12 August 2019 at 7:23PM

What does your agreement say about giving notice to leave TalkTalk? Did you give them the required notice?

anniecave · 12 August 2019 at 8:53PM

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?

30by30 · 13 August 2019 at 12:17PM

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 · 13 August 2019 at 12:30PM

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).

30by30 · 13 August 2019 at 12:45PM

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 · 13 August 2019 at 1:13PM

Was this rental abroad?

30by30 · 13 August 2019 at 1:56PM

Nope. In London.

Bazatron · 19 August 2019 at 10:20AM

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 · 19 August 2019 at 10:27AM

Bazatron wrote: »

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?

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.

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