Quick questions on Consumer Rights

sukysue · 21 June 2017 at 9:49AM

Thanks for replying . It is just from using it a little nothing we did . I think it is a fault with the fridge freezer as there is a review on Tesco about the water dispenser breaking .

RoonilWazlib_2 · 21 June 2017 at 2:40PM

Tesco are entitled to an opportunity to repair or replace (their choice) but Tesco aren't fridge engineers so they need to use someone who can fix it for them - the obvious choice for them to use is the manufacturer. It doesn't change who your contract is with. Let manufacturer come out and look at it and take it from there

gmtechnick · 19 July 2017 at 12:44PM

I bought a mattress for my daughters bed in March 2016 for £169. A couple of months ago she said it had a big dip in it already, which we notified the retailer of.
They agreed it was faulty/ not lasted a reasonable time based on photos, but said it now came under manufacturers 5 year warranty and the replacement would cost £50 for usage.
Is this correct? I thought faulty = free replacement by the retailer.
Even if correct, £50!!!!!! seems unreasonable to me.

Advice and thoughts please.

unholyangel · 19 July 2017 at 1:55PM

gmtechnick wrote: »

I bought a mattress for my daughters bed in March 2016 for £169. A couple of months ago she said it had a big dip in it already, which we notified the retailer of.
They agreed it was faulty/ not lasted a reasonable time based on photos, but said it now came under manufacturers 5 year warranty and the replacement would cost £50 for usage.
Is this correct? I thought faulty = free replacement by the retailer.
Even if correct, £50!!!!!! seems unreasonable to me.

Advice and thoughts please.

Did they just agree it hadn't lasted a reasonable length of time? Or did they agree it hadn't lasted a reasonable length of time due to an inherent fault?

If it was the latter, then just tell them that they are responsible for the costs involved in providing either a repair or a replacement. If it was the former however, they could technically ask you to prove it was an inherent fault (usually done via independent report, you would likely have to pay for this, however it would be refunded by the retailer if it finds in your favour).

wealdroam · 19 July 2017 at 1:57PM

gmtechnick wrote: »

I bought a mattress for my daughters bed in March 2016 for £169. A couple of months ago she said it had a big dip in it already, which we notified the retailer of.
They agreed it was faulty/ not lasted a reasonable time based on photos, but said it now came under manufacturers 5 year warranty and the replacement would cost £50 for usage.
Is this correct? I thought faulty = free replacement by the retailer.
Even if correct, £50!!!!!! seems unreasonable to me.

Advice and thoughts please.

You have a right to seek a remedy from the seller for up to six years following the sale.

However, after six months the seller can ask you to prove that the goods are inherently faulty.

Once it is decided a remedy is due, it can be either a repair, replacement or a refund. The seller effectively chooses the cheapest remedy.
If a replacement is decided upon, then no charge can be made by the seller for doing this.
If a refund is chosen, it can be reduced to take account of the use you have had. £50 perhaps doesn't sound too bad for 15/16 months use?

As I said, the seller can ask you to prove the problem is not due to misuse or fair wear and tear, so be careful you don't force him into that as I imagine it might be difficult for you to prove that.

This short extract from MSE's Consumer Rights guide might help too:

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 it.

kickboxkel · 24 July 2017 at 2:13PM

Hi I have brought hair tongs that upon receiving I contacted seller to return they said I can not return as hair item I said I have 14 days to return internet purchase for full refund and they will now not respond to any of my emails to give me address to return it help

HouseOfBack · 9 August 2017 at 11:28PM

Hello.

I bought an ex-display wardrobe. Upon purchase, I asked for any defects, the retailer said it was old stock and pre-built so difficult for customers to buy get delivered.

I agree to buy it in the shop and pick it up a few days later. The retailer agrees to dismantle the wardrobe.

Upon collection, all items were nicely wrapped and I get them home safely. Upon rebuilding the wardrobe at home I discover some fixings have been damaged, bent and now unusable.

I have called the retailer's contact centre, only to be passed around between teams and eventually, after a few attempts be told because it was ex-display they couldn't provide any replacements.

Is this correct? After reading Martin's page on consumer rights, I feel I have a right to replacements, right?

Thanks,

unholyangel · 9 August 2017 at 11:41PM

HouseOfBack wrote: »

Hello.

I bought an ex-display wardrobe. Upon purchase, I asked for any defects, the retailer said it was old stock and pre-built so difficult for customers to buy get delivered.

I agree to buy it in the shop and pick it up a few days later. The retailer agrees to dismantle the wardrobe.

Upon collection, all items were nicely wrapped and I get them home safely. Upon rebuilding the wardrobe at home I discover some fixings have been damaged, bent and now unusable.

I have called the retailer's contact centre, only to be passed around between teams and eventually, after a few attempts be told because it was ex-display they couldn't provide any replacements.

Is this correct? After reading Martin's page on consumer rights, I feel I have a right to replacements, right?

Thanks,

You can't force a repair or replacement if its impossible (for example replacement parts aren't available or the goods are damaged in such a way that it can't be repaired, ie broken glass) or disproportionately costly.

Are they offering you a refund?

gill5blue · 11 August 2017 at 9:16AM

Hi, My husband booked a hotel room through Expedia using the Lloyds bank account (paid upfront-under £100), unfortunately he got the date wrong and rang Expedia who helped and changed the date of the booking- this cost nearly double(paid upfront again an extra £85), but it was our 35th wedding anniversary so we stuck with it. When we arrived at the hotel they had no booking for us but were helpful in letting us have a room although it was not the posh room with views and balcony. The hotel also kindly gave us complementary breakfast. We have contacted Expedia and they have offered £50, now my question is the room cost us £170 in total and we paid by bank card(2 separate payments under £100) - can we claim through the bank- section 75 or something? Regards Gill5blue

DoaM · 11 August 2017 at 10:24AM

Chargeback - that's what you need to look at.

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

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