Quick questions on Consumer Rights

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  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    Hi All, just wondered what fellow MSE follows think I should do about this-
    Got a make up set delivered today from Debenhams- various items together in a gift box, opened the sealed box and the single dark coloured eyeshadow wasn't shut properly had cracked in transit and the powder was all over the gift box, the other items and after opening it, all over my trousers and my sofa! I rang customer services who kindly said they would sent a replacement but that I had to send the item back to them (after asking they said they would send a returns label)
    I questioned this as the items are all covered in this dark eyeshadow and it would possibly make a mess for the person dealing with the return, also I would have to wait in a post office queue for something that was not my fault and also was not happy about the mess on my trousers and sofa. I was told to send photographic evidence to head office.
    Anyway I will not bother doing this as I managed to clear the mess from my (luckily) dark coloured sofa and am hoping it will wash out of my trousers.
    I realise there are much more important things going on it the world but my main gripe is having to queue in my post office for what is usually about 30 minutes to send the item back.
    What do others think?
    I think debenhams have behaved honourably.

    Not sure what you want Debenhams to do, but if you were to ask then to arrange collection, I imagine the resultant wait for a courier my well cost you more than thirty minutes.
  • al_banks
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    Afternoon all,

    I was hoping for some advice, in it's simplest form we have been members at E4L for nearly 12 months, up until feb 2013 there were no problems with direct debit (d/d) payments, then we changed banks.

    Since then E4L (and their collection company) have failed to collect the d/d for 4 consecutive months, the d/d was always live they just didn't bother to apply for it. Last month I even went to the length of shutting down and restarting a new d/d (as advised by E4L) to try to reset the system.

    Since then they still haven't bothered to collect it, despite several visits in person to the gym to tell them about it.

    Yesterday their collection company wrote to us saying that we were in default, owed them 2months' fees and that they had applied an additional charge. I marched down to the gym and was told someone would call me back who supposedly knew what they were doing.
    Today they called and 'generously' offered to waive the charges and, to avoid another d/d mistake, "let me" pay the outstanding 2 months, plus next month's fees up-front over the phone. How kind? BTW I haven't been to the gym for the past 3 months because I just don't want anything else to do with them (plus I'm a bit lazy).

    My question is, is this classed as breach of contract on their part and is that grounds for me to terminate the agreement?

    Cheers

    Al
  • 6mo7ze
    6mo7ze Posts: 8 Forumite
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    Hi,

    I agreed a 4 year 0% finance purchase of a 3 and 2 piece sofa from CSL Sofa's on saturday 6th July 2013 for delivery to my new home for approx end of August.
    I was sold an additional warranty product called 'Sofashield Platinum Leather Furniture Protection' x 5 at a extra cost of £195!

    I feel I was miss-sold this, as it was not ever spoke of as an 'optional' extra, and was made to feel it was just part of the price of the sofa deal. I should of questioned this in more detail in hindsight but at the time I had chosen this sofa I liked which I had looked at on previous occasions throughout the weeks and it was definitely the one for me. The sale ended on Sunday, so I wanted to make sure I brought the sofa at the cheaper price but prices went back up.

    I have tried to research this on the web and have found a few other people who have also been miss-sold this in the past, and have said that the sofa already comes with a warranty as standard and house insurance would cover such wear and tear problems if any should arise, but I have so far not found any information on whether they have been able to cancel this extra.

    Can anyone help, as I am a first time house buyer so am new to this, and really would like to cancel the extra warranty product, but I'm not sure I'll be told I cannot cancel as I have already agreed to it? I'm not wishing to cancel the whole order, so the company are still receiving a sale.

    Any information would be muchly appreciated.

    Thanks
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    6mo7ze wrote: »
    Hi,

    I agreed a 4 year 0% finance purchase of a 3 and 2 piece sofa from CSL...
    <snip the rest>

    Duplicate post: http://forums.moneysavingexpert.com/showthread.php?t=4693729
  • LeBosh
    LeBosh Posts: 12 Forumite
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    After some quick advice - had some damp proof work carried out which involved re plastering the walls, which were painted immediately afterwards on the advice of the damp proof company.

    The plaster failed and needed to be replaced which has been done but the company wont compensate me fo the redecorating costs. They are hiding behind a clause in their T&C's which states only a temporary decoration should be applied within the first 12 months.

    Am I according to my statutory rights entitled to compensation for the redecoration costs or does the clause in the contact mean that I am not
  • derrick
    derrick Posts: 7,424 Forumite
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    LeBosh wrote: »
    After some quick advice - had some damp proof work carried out which involved re plastering the walls, which were painted immediately afterwards on the advice of the damp proof company.

    The plaster failed and needed to be replaced which has been done but the company wont compensate me fo the redecorating costs. They are hiding behind a clause in their T&C's which states only a temporary decoration should be applied within the first 12 months.

    Am I according to my statutory rights entitled to compensation for the redecoration costs or does the clause in the contact mean that I am not

    I would say no as the T&C's stated temporary decoration within the first 12 months.

    Plaster needs to dry out for several weeks, and should not be decorated until completely dry.

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


  • matt_sw10
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    Hello,

    I think I'm in the right here with regards to some faulty goods, but the seller is resisting. I'm used to saying the words 'Sale Of Goods Act' and getting an instant refund...!

    I bought some shoes about 14 months ago. They cost £90, more than I'd normally pay for a pair of everyday shoes, but I was fed up of paying less and going through a pair every few months (I walk at least 2 miles a day everyday and it's usually the soles that wear thin).

    When they arrived I was delighted with them, and they're the best set of shoes I've ever owned. But about 2 months ago the stitching on one side of the right shoe came loose (the bit connecting the side panel to the front - not sure on terminology!). I immediately stopped wearing them so as not to make it worse, and contacted the seller, attaching photos of the problem. They requested I send them back and they'd investigate, which I did (after a delay for personal reasons, in which the shoes stayed in their box).

    They've now come back to me saying they can't accept it as a fault. Initially they said it's because they've been well used and this is to be expected. On further probing they said because they'd got 'very wet' causing the stitching to fail. (They've had the occasional soaking from rain, but it's not like I've used them to walk in the sea!).

    When I pointed out that that's not a good enough explanation, they said it was due to wear and tear, and they can't gaurantee stitching beyond 6 months - sometimes it just happens. They've offered me either a £20 credit OR to return the faulty shoes.

    I've asked for the shoes to be returned to me repaired at no cost to me, OR for them to be returned as they are so that I can get them repaired myself and claim back reasonable costs from them. So far they've refused.

    Can anyone clarify if I'm correct to think that they're not acting in accordance with the Sale of Goods Act please? I'm due to talk to them on the phone soon to try to sort this out and would like another opinion!

    Many thanks,
    Matt
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    matt_sw10 wrote: »
    Hello,

    I think I'm in the right here with regards to some faulty goods, but the seller is resisting. I'm used to saying the words 'Sale Of Goods Act' and getting an instant refund...!

    I bought some shoes about 14 months ago. They cost £90, more than I'd normally pay for a pair of everyday shoes, but I was fed up of paying less and going through a pair every few months (I walk at least 2 miles a day everyday and it's usually the soles that wear thin).

    When they arrived I was delighted with them, and they're the best set of shoes I've ever owned. But about 2 months ago the stitching on one side of the right shoe came loose (the bit connecting the side panel to the front - not sure on terminology!). I immediately stopped wearing them so as not to make it worse, and contacted the seller, attaching photos of the problem. They requested I send them back and they'd investigate, which I did (after a delay for personal reasons, in which the shoes stayed in their box).

    They've now come back to me saying they can't accept it as a fault. Initially they said it's because they've been well used and this is to be expected. On further probing they said because they'd got 'very wet' causing the stitching to fail. (They've had the occasional soaking from rain, but it's not like I've used them to walk in the sea!).

    When I pointed out that that's not a good enough explanation, they said it was due to wear and tear, and they can't gaurantee stitching beyond 6 months - sometimes it just happens. They've offered me either a £20 credit OR to return the faulty shoes.

    I've asked for the shoes to be returned to me repaired at no cost to me, OR for them to be returned as they are so that I can get them repaired myself and claim back reasonable costs from them. So far they've refused.

    Can anyone clarify if I'm correct to think that they're not acting in accordance with the Sale of Goods Act please? I'm due to talk to them on the phone soon to try to sort this out and would like another opinion!

    Many thanks,
    Matt
    Your best bet may be to get the shoes back and get them inspected by an independent expert.

    Beyond six months after purchase, the onus is on you to prove that the goods are inherently faulty. An inherent fault is one that was present at the time of purchase but not necessarily apparent at that time.

    Of course you may have to pay for that inspection and report, but if found in you favour you will get that money back from the seller. However, remember that if the report does not support your view, you will be even further out of pocket.

    Until you have proved that the fault is inherent the seller has to do nothing.

    Have a read of MSE's Consumer Rights guide and their How to Complain article.
  • matt_sw10
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    Hi Wealdroam,

    Thanks for your reply. I was thinking more along the lines of being fit for purpose - they're essentially saying that sometimes the stitching just comes apart, not usually this quickly but sometimes (that's a summary of what they actually said, not my interpretation). This seems to come under the heading 'Fit for purpose AND last a Reasonable length of Time' in the MSE Consumer Rights guide. They were on sale but brand new and not sold as seen or anything like that.

    Regarding proving the fault - how watertight does this have to be? I've said that as the stitching is loos eon one side, on one shoe, that shows there's faulty workmanship - if it was wear & tear there'd surely be evidence of the same problem (even if less pronounced) somewhere else. Also the shoes are otherwise in good nick with no other signs of excessive wear and tear (eg soles thin, scuffs, etc.).

    To be honest if we're not going to see eye-to-eye I'll just request them back and pay whatever it costs to have them stitched again - more a matter of principle seeing as they're marketed as being durable and have turned out be somewhat less than that.

    Thanks
    Matt
  • Valli
    Valli Posts: 24,778 Forumite
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    On the face of it £90 sounds a lot BUT if you have worn them, everyday, for that length of time they have cost you about 25p per day.

    Now that doesn't sound so bad, does it?
    Don't put it DOWN; put it AWAY
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