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  • FIRST POST
    • squeaky
    • By squeaky 8th Apr 11, 8:40 PM
    • 13,808Posts
    • 15,843Thanks
    squeaky
    Quick questions on Consumer Rights
    • #1
    • 8th Apr 11, 8:40 PM
    Quick questions on Consumer Rights 8th Apr 11 at 8:40 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 9:49 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 5
    • wealdroam
    • By wealdroam 11th Aug 11, 11:47 PM
    • 18,662 Posts
    • 15,598 Thanks
    wealdroam
    I booked yesterday a cheap Travelodge room online. Though it is said that there is no cancelation reimbursement or this deal, does the rule of the 7 days apply anyway? thanks
    Originally posted by ebddon
    No.

    Paragraph 2.20 on page 9 of the OFT's Guide to Distance Selling Regulations explains that bookings for hotel accommodation are excluded from those cancellation rights.
  • gordikin
    ...aahh the rule of the 7 days...no!
  • ebddon
    Thank you. The OFT guide was most helpful.
  • worcester89
    Please Help Me!!
    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
    Originally posted by squeaky
    I went into a local jewellers to buy a necklace with my boyfriend. The shop did not have the chain that I wanted in my size and so ordered it in for me. I paid the £70 cost of the necklace and they said they would call me within the week to let me knoe when to expect the neclklace, and that it should be 14days max before it is delieverd to them.

    nearly 5 weeks has now opast. They have not called at all. I have left numerous voicemails with them which have never been returned. Since I have bought a necklace from a different shop.

    I am unable to go to the shop until this weekend, due to me not being in Worcester anymore. (by then it will have been 6weeks since the neclace was ordered).

    I have finally managed to speak to the manager on the phone today. I explained the situation and that due to the shop longer than they stated to me, the fact that I could not contact them and no one contacted me, and that I now have a different necklace, I would like a full refund.

    The manager spoke in a very hostile way to me, exclaiming that the necklace had been deleverd to the shop this morning and is ready to be collected. When I said I wanted a full refund she simply stated that she does not do that and will only offer me store credit.

    Clearly I will never be purchasing from thr shop again due to bad customer service and so do not want store credit and I certainly do not want the necklace.

    She is refusing to give me cash refund. She has asked me to go and see her this weekend, which I will, so that we can 'chat'. Ive made it clear how I feel, and have not acted in an argumentative manner, unlike her.

    What do I do this weekend?! Am i entitled to a refund??

    Im nervous!!

    HELP ME PLEASE XX
    • wealdroam
    • By wealdroam 15th Aug 11, 2:54 PM
    • 18,662 Posts
    • 15,598 Thanks
    wealdroam
    I went into a local jewellers to buy a necklace with my boyfriend. The shop did not have the chain that I wanted in my size and so ordered it in for me. I paid the £70 cost of the necklace and they said they would call me within the week to let me knoe when to expect the neclklace, and that it should be 14days max before it is delieverd to them.

    nearly 5 weeks has now opast. They have not called at all. I have left numerous voicemails with them which have never been returned. Since I have bought a necklace from a different shop.

    I am unable to go to the shop until this weekend, due to me not being in Worcester anymore. (by then it will have been 6weeks since the neclace was ordered).

    I have finally managed to speak to the manager on the phone today. I explained the situation and that due to the shop longer than they stated to me, the fact that I could not contact them and no one contacted me, and that I now have a different necklace, I would like a full refund.

    The manager spoke in a very hostile way to me, exclaiming that the necklace had been deleverd to the shop this morning and is ready to be collected. When I said I wanted a full refund she simply stated that she does not do that and will only offer me store credit.

    Clearly I will never be purchasing from thr shop again due to bad customer service and so do not want store credit and I certainly do not want the necklace.

    She is refusing to give me cash refund. She has asked me to go and see her this weekend, which I will, so that we can 'chat'. Ive made it clear how I feel, and have not acted in an argumentative manner, unlike her.

    What do I do this weekend?! Am i entitled to a refund??

    Im nervous!!

    HELP ME PLEASE XX
    Originally posted by worcester89
    You ordered the necklace and paid for it.
    You have no statutory right to get your money back.

    The problem appears to be that they took longer than expected to supply the thing.

    If you did not make it clear at the time of sale that the delivery time was important, then you will have to rely on any stores return policy.

    Is their anything on the receipt that says something like "if you change your mind within 28 days of purchase we will happily give you your money back"?
    Any notices in the shop that say something similar?

    Have a read of MSE's Comsumer Rights article for more detail.
  • gardner180
    My 13 month old TV which I purchased online from Tesco recently developed a fault.Tesco sent an engineer who said it would take 5-7 working days to fix,less if Tesco would not pay for the repair.After 7 days I rang the engineer to be told Tesco would not be paying.I did ask why they didn't inform me earlier.On contacting Tesco I was offered a refund by cheque of 80% of the value I paid which could take upto 21 days to arrive.I would then have to wait another 10 working days for the cheque to clear.This means I may have to wait upto a month for my TV to be replaced assuming I accept the compensation.Do you think this is fair
    • derrick
    • By derrick 23rd Aug 11, 11:54 AM
    • 7,167 Posts
    • 2,341 Thanks
    derrick
    My 13 month old TV which I purchased online from Tesco recently developed a fault.Tesco sent an engineer who said it would take 5-7 working days to fix,less if Tesco would not pay for the repair.After 7 days I rang the engineer to be told Tesco would not be paying.I did ask why they didn't inform me earlier.On contacting Tesco I was offered a refund by cheque of 80% of the value I paid which could take upto 21 days to arrive.I would then have to wait another 10 working days for the cheque to clear.This means I may have to wait upto a month for my TV to be replaced assuming I accept the compensation.Do you think this is fair
    Originally posted by gardner180

    4 days before you can withdraw money from your cheque, 2-4-6 rule.

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


  • gardner180
    Thanks for the information Derrick.I'm more interested in if anyone thinks 80% refund is fair on a TV just over a year old
    • derrick
    • By derrick 23rd Aug 11, 12:18 PM
    • 7,167 Posts
    • 2,341 Thanks
    derrick
    Thanks for the information Derrick.I'm more interested in if anyone thinks 80% refund is fair on a TV just over a year old
    Originally posted by gardner180

    They are allowed to deduct a fair amount for usage under SoGA, 80% could be deemed as fair.


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


  • Nicmcintosh
    Exchange
    I was given a changing bag as a present when my son was born 3 months ago but it was bought a while before this costing £49.99. My brother paid cash and as I was happy with the bag at the time, threw out the receipt, not thinking I'd need it after this time. Now the strap has burst meaning I can't use the bag. The shop is now saying when they scan it that it cost £24.99 - presumably it went on sale and the new style costs £49.99!! So I'd have to pay £25 difference. The item is now out of stock so they cant replace the bag with the same one. I think I should be entitled to the newer style of the bag without having to pay extra. They are saying no as I have no proof of purchase. They bag couldn't have been bought anywhere else as it is a shop own brand. Should I be entitled to a new bag without paying extra?
    • wealdroam
    • By wealdroam 27th Aug 11, 12:57 AM
    • 18,662 Posts
    • 15,598 Thanks
    wealdroam
    I was given a changing bag as a present when my son was born 3 months ago but it was bought a while before this costing £49.99. My brother paid cash and as I was happy with the bag at the time, threw out the receipt, not thinking I'd need it after this time. Now the strap has burst meaning I can't use the bag. The shop is now saying when they scan it that it cost £24.99 - presumably it went on sale and the new style costs £49.99!! So I'd have to pay £25 difference. The item is now out of stock so they cant replace the bag with the same one. I think I should be entitled to the newer style of the bag without having to pay extra. They are saying no as I have no proof of purchase. They bag couldn't have been bought anywhere else as it is a shop own brand. Should I be entitled to a new bag without paying extra?
    Originally posted by Nicmcintosh
    You raise several interesting points.

    Firstly, the shop only has a responsibility to the purchaser.
    You didn't buy the thing... your brother did.
    In this case it does appear that they are being reasonable in this respect.

    You have no receipt or other proof of purchase, so how is the shop expected to know how much your brother paid?
    Some shops have been known to use the current price when deciding what amount to refund, but you can hardly blame the shop for refusing to refund (or credit you with) £49.99 when neither you, your brother or the shop can provide any evidence that that was the price paid.

    Also, you mention that the product is uniquely branded to that shop.
    Sorry but that in itself does not mean that you (or your brother) bought it there.
    I am sure this doesn't apply to you, but it could've "fallen off the back of a lorry".

    So, in summary, accept the £24.99 credit... it is more than the shop need to give you.
    • hippychicknos1
    • By hippychicknos1 27th Aug 11, 7:33 PM
    • 135 Posts
    • 340 Thanks
    hippychicknos1
    Leather bag falling apart after 12 weeks..
    Hi there....

    Purchased a leather overnight bag for my son's Birthday at the end of May this year......He has used it twice for and after the 2nd use, the strap has completely broken off the bag, the leather fob has broken off the zip and part of the lining inside the bag has started coming away from the stitching.

    We paid £135 for the bag and I tried to take it back today as I feel that 12 weeks is NOT a reasonable amount of time and she told me she would only replace or repair as it had past 28 days??? I have lost total faith in the product and the company and do not want her to repair or replace the product for the same thing to happen again....I think a reasonable person if asked "How long do you think a leather overnight bag would last?) would surely reply more than 12 weeks as we thought we were buying a quality product. I did pay for the bag with my Credit Card and definately want a refund.

    Just a quick question.....Should I go through my Credit Card Company and if so, what should I quote......"Product faulty and not fit for purpose and did not last a reasonable amount of time?" or ??? Thank you in advance for any help. x
    Saved £££'s using coupons/discount codes/cashbacks
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    • Optimist
    • By Optimist 27th Aug 11, 9:36 PM
    • 4,416 Posts
    • 5,481 Thanks
    Optimist
    Hi there....

    Purchased a leather overnight bag for my son's Birthday at the end of May this year......He has used it twice for and after the 2nd use, the strap has completely broken off the bag, the leather fob has broken off the zip and part of the lining inside the bag has started coming away from the stitching.

    We paid £135 for the bag and I tried to take it back today as I feel that 12 weeks is NOT a reasonable amount of time and she told me she would only replace or repair as it had past 28 days??? I have lost total faith in the product and the company and do not want her to repair or replace the product for the same thing to happen again....I think a reasonable person if asked "How long do you think a leather overnight bag would last?) would surely reply more than 12 weeks as we thought we were buying a quality product. I did pay for the bag with my Credit Card and definately want a refund.

    Just a quick question.....Should I go through my Credit Card Company and if so, what should I quote......"Product faulty and not fit for purpose and did not last a reasonable amount of time?" or ??? Thank you in advance for any help. x
    Originally posted by hippychicknos1
    They are using 28 days as the point under the Sale Of Goods Act when you are deemed to have had reasonable opportunity to examine and accept the goods. At this point the shop are within their rights to repair or replace.

    Your credit card company will not be interested as you have been offered a valid resolution.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • asound
    Internet service
    Hello everyone

    I paid for the promotion video for YouTube through the firm www. ViewBoost .net. I paid for a package of 25 000 views, and they have done around 8000 and then stopped. Do not answer the mail, could not possibly get in touch with them .... has been paid via PayPal, but PayPal says it can not do anything because they are not concerned goods than services. Who should I contact in this case?

    In the first email they promised 500-1000 views a day (11/07/2011), in the second they respond after I complained to PayPal they said they would finish the job for about 30 days. Since then he has gone for 45 days and are not made or third.

    Thanks
    Last edited by asound; 28-08-2011 at 1:13 PM.
    • wealdroam
    • By wealdroam 28th Aug 11, 2:55 PM
    • 18,662 Posts
    • 15,598 Thanks
    wealdroam
    Hello everyone

    I paid for the promotion video for YouTube through the firm www. ViewBoost .net. I paid for a package of 25 000 views, and they have done around 8000 and then stopped. Do not answer the mail, could not possibly get in touch with them .... has been paid via PayPal, but PayPal says it can not do anything because they are not concerned goods than services. Who should I contact in this case?

    In the first email they promised 500-1000 views a day (11/07/2011), in the second they respond after I complained to PayPal they said they would finish the job for about 30 days. Since then he has gone for 45 days and are not made or third.

    Thanks
    Originally posted by asound
    They say on their website...
    What if i didnít receive the package i paid for?:
    We offer a full refund in-case of you didnít receive the package you paid for. Although this has NEVER happened before.
    You can even buy comments for your youtube video... amazing!

    As you have found out, Paypal will only help with tangible goods.

    They appear to be a US company.
    You will struggle to get your money back.

    You could try a chargeback with your credit/debit card company, but because Paypal are involved that too may be difficult.

    Sorry, I don't understand your last sentence.
  • asound
    Thanks again
  • Wagner
    Haus Washing Machine Problem
    Hi all, on 10 May 2010 i bought a Haus washing machine from Argos (with a bank card if it makes any difference), and yesterday it packed up, well, it still works but the drum seems to have too much movement.

    So i phoned Argos and asked if they would do anything about it, and i got a very abrupt no. So i started asking family and friends about it, and they all say that a manufacturers warranty is 5 years by law (??) and they should fix it.

    Is this true or am i just going to have to get someone to look at it?

    Many thanks in advance.

    David
    • bris
    • By bris 31st Aug 11, 3:34 PM
    • 8,883 Posts
    • 7,780 Thanks
    bris
    Hi all, on 10 May 2010 i bought a Haus washing machine from Argos (with a bank card if it makes any difference), and yesterday it packed up, well, it still works but the drum seems to have too much movement.

    So i phoned Argos and asked if they would do anything about it, and i got a very abrupt no. So i started asking family and friends about it, and they all say that a manufacturers warranty is 5 years by law (??) and they should fix it.

    Is this true or am i just going to have to get someone to look at it?

    Many thanks in advance.

    David
    Originally posted by Wagner
    No, it's not true, not the way they seem to think anyway. The SOGA says that an item should last a reasonable amount of time, this can be up to 6 years in England and Wales or 5 in Scotland.
    A washing machine should however last more than 15 months. The law states however that if the retailer doesn't want to know then you would need to get an engineers report on the machine to prove it was inherantly faulty. If the report is in your favour the retailer should fix it and also refund the cost of the report.
  • Wagner
    No, it's not true, not the way they seem to think anyway. The SOGA says that an item should last a reasonable amount of time, this can be up to 6 years in England and Wales or 5 in Scotland.
    A washing machine should however last more than 15 months. The law states however that if the retailer doesn't want to know then you would need to get an engineers report on the machine to prove it was inherantly faulty. If the report is in your favour the retailer should fix it and also refund the cost of the report.
    Originally posted by bris
    Thanks loads for that, an engineers report will be happening very soon.
    • RDG
    • By RDG 9th Sep 11, 9:18 AM
    • 211 Posts
    • 129 Thanks
    RDG
    Hi

    On Monday night my wife ordered some tickets using our Nectar vouchers. Before had she had a look to see if she could find out how long the delivery would be but couldnt find any details. She decided to order them anyway and the confirmation email stated that it would take 10 days for them to arrive.

    This is to long as we go away on Sunday and would be using them while away they are for Edinburgh dungeons. As I was away with work the earliest I could contact Nectar was the following day at around 1200, I had to send an eamil as I only had 5 mins before I had more stuff to do with work. I asked them to cancel the order as the tickets were not going to arrive on time and to quote the email confirmation - "This email is an acknowledgement of your order and your contract to purchase the product(s) is not complete until the product(s) are despatched."

    A day later I get an email saying as the request was not done on the same day as the order then they would not cancel the order. Despite the tickets having not been printed. I replied pointing out that the tickets were ordered late on Monday when there cyustomer service centre had already closed so how could I cancel the same day. I also asked if that rule applied for people who placed an order at 2355, but they didnt answer that.

    Anyway does anyone know what my rights are with this? How are points earned on Nectar treated with regards to ordering a product online. And what are the normal rights to cancel for tickets to attractions ordered online?

    Thanks
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