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  • FIRST POST
    • squeaky
    • By squeaky 8th Apr 11, 8:40 PM
    • 13,811Posts
    • 15,845Thanks
    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 54
    • BorisThomson
    • By BorisThomson 16th Feb 18, 2:27 PM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    Brighton and hove council are still charging a 40p surcharge when paying by card on the app and on the meters. Is this now illegal?
    Originally posted by Alh382
    It is phrased as a service charge, which is lawful.
    • unholyangel
    • By unholyangel 16th Feb 18, 5:29 PM
    • 12,286 Posts
    • 9,617 Thanks
    unholyangel
    It is phrased as a service charge, which is lawful.
    Originally posted by BorisThomson
    Only if it equally applies to all other payment methods. If its only being applied to some payment methods then its not allowed - regardless of what they call it.
    Money doesn't solve poverty.....it creates it.
    • KentScrapper
    • By KentScrapper 27th Feb 18, 12:01 PM
    • 7 Posts
    • 8 Thanks
    KentScrapper
    Paying to return faulty goods
    Not certain where I stand but have a sewing machine which was returned as faulty and was eventually given a replacement. However the replacement has a fault in that the needle threader does not work. I thought it was mead never used a machine with one before but I asked someone to show me and been told itís not me but a fault in the alignment on the machine. I called manufacturer who referred me back to the company who sold it as the retailer (online) gives a 15 year guarantee. However on contacting them they initially tried to refer me back to the manufacturer. Advised that had spoken to them and they referred me back to retailer upon which the man on phone stated that it was covered but they would not pay to have it collected from me and deliver it back! Is this correct that I have to pay this?
    • Greta Sharbo
    • By Greta Sharbo 28th Feb 18, 6:48 PM
    • 180 Posts
    • 197 Thanks
    Greta Sharbo
    Are you claiming under warranty or statutory rights? Sounds like the former which can have reasonable terms and conditions attached.

    Your statutory rights depends on when you bought it and how but generally either they collect or you return it but they bear the cost.

    When did you buy?
    How did you buy (online, phone, store?)
    • jackie67
    • By jackie67 7th Mar 18, 7:32 PM
    • 1 Posts
    • 0 Thanks
    jackie67
    Hi, i have received a parcel from ace catalogue that i did not order, i have used their service earlier in the year but i have not ordered this item. i have queried this with them but i am still waiting to hear back. My concern is they will say i have to return and pay the cost to return plus charge me for delivery as well. I didnt even receive a e mail confirming a order had been placed surely that proves no order was placed by myself. I really stressed out by all this
    • unholyangel
    • By unholyangel 7th Mar 18, 8:24 PM
    • 12,286 Posts
    • 9,617 Thanks
    unholyangel
    Hi, i have received a parcel from ace catalogue that i did not order, i have used their service earlier in the year but i have not ordered this item. i have queried this with them but i am still waiting to hear back. My concern is they will say i have to return and pay the cost to return plus charge me for delivery as well. I didnt even receive a e mail confirming a order had been placed surely that proves no order was placed by myself. I really stressed out by all this
    Originally posted by jackie67
    What was the item? Just a friend of mine received a unsolicited order from them last year. She'd never used them before and the order received was very bad quality greeting cards. She contacted ace, they assured her it would be dealt with etc....but yet every month she kept receiving demands from them for money for the item. It was only finally resolved after she disputed the entry on her credit report, which seemed to motivate ace into action.
    Money doesn't solve poverty.....it creates it.
    • Cher Massey
    • By Cher Massey 10th Mar 18, 11:55 AM
    • 1 Posts
    • 0 Thanks
    Cher Massey
    Refunds
    Hi i bought a mattress a year ago which was on a managers special for £500 and it came with a 10 year guarantee.
    Mattress was originally £1000.
    Mattress is now discontinued but itís faulty (latex has sunk).
    How much refund do I get?
    Do I get £500 or the £1000?
    Iím wanting to get a replacement.
    Thank you
    • mije1983
    • By mije1983 10th Mar 18, 1:00 PM
    • 2,983 Posts
    • 18,830 Thanks
    mije1983
    Hi i bought a mattress a year ago which was on a managers special for £500 and it came with a 10 year guarantee.
    Mattress was originally £1000.
    Mattress is now discontinued but it's faulty (latex has sunk).
    How much refund do I get?
    Do I get £500 or the £1000?
    I'm wanting to get a replacement.
    Thank you
    Originally posted by Cher Massey
    If they have offered a full refund (you'd need to check the terms of the warranty), then you are only entitled to what you paid, not more.

    If it is no longer made, then it will be almost impossible for them to replace it.

    • Fosterdog
    • By Fosterdog 10th Mar 18, 1:02 PM
    • 3,807 Posts
    • 6,582 Thanks
    Fosterdog
    Hi i bought a mattress a year ago which was on a managers special for £500 and it came with a 10 year guarantee.
    Mattress was originally £1000.
    Mattress is now discontinued but itís faulty (latex has sunk).
    How much refund do I get?
    Do I get £500 or the £1000?
    Iím wanting to get a replacement.
    Thank you
    Originally posted by Cher Massey
    You definitely won't get a £1000 refund and after a year will be unlikely to get a £500 refund. Best case they just accept your word hat it is faulty and give a partial refund with not much deducted, worst case they may require you to prove an inherent fault and will give a refund with a substantial deduction for the use you've had of it.
    • dstar86
    • By dstar86 15th Mar 18, 11:27 AM
    • 5 Posts
    • 1 Thanks
    dstar86
    Refund on "admin" charge
    I signed up for a credit agreement through Penicuik for some windows the other night, however having looked more deeply into them I have decided to cancel the order. I have 7 days to cancel the order with them and have emailed them requesting a cancellation, as is stated in their documentation they left with me. I have 14 days to cancel the credit agreement and I have done that as well.


    However when the sales advisor came out, she charged me a £299 "admin" fee, which was taken off my credit card. I've scoured the paperwork and nowhere does it state that this is non-refundable, and she didn't state that either to me. Am I within my rights to ask for this back too as I don't want to proceed with the order? And if so, how should I request this be returned? I was thinking of writing to Penicuik's head office.
    • Tiffg87
    • By Tiffg87 17th Mar 18, 7:04 PM
    • 9 Posts
    • 0 Thanks
    Tiffg87
    Hi I!!!8217;m having problems with a kitchen company giving us a quote and then refusing to honour it once the competitor sale ended. We have been emailing and calling to get them to resolve the problem but no one has done anything so we keep calling and emailing etc
    Basically the store manager lost it with me today, she was very aggressive on the phone, accused me of harassment, called me a liar and said she would not speak with me again, she would not sell me a kitchen and I!!!8217;m banned from her store.
    Can she do this? She is a store manager not a director or company owner
    Also is complaining classed as harassment?
    We!!!8217;re only repeatedly contacting them because they haven!!!8217;t resolved the issue

    Just for clarification I was very calm on the phone I did not raise my voice, use bad language so her only defender for her behaviour is I!!!8217;ve irritated her
    • mije1983
    • By mije1983 17th Mar 18, 7:27 PM
    • 2,983 Posts
    • 18,830 Thanks
    mije1983
    Hi I!!!8217;m having problems with a kitchen company giving us a quote and then refusing to honour it once the competitor sale ended. We have been emailing and calling to get them to resolve the problem but no one has done anything so we keep calling and emailing etc
    Basically the store manager lost it with me today, she was very aggressive on the phone, accused me of harassment, called me a liar and said she would not speak with me again, she would not sell me a kitchen and I!!!8217;m banned from her store.
    Can she do this? She is a store manager not a director or company owner
    Also is complaining classed as harassment?
    We!!!8217;re only repeatedly contacting them because they haven!!!8217;t resolved the issue

    Just for clarification I was very calm on the phone I did not raise my voice, use bad language so her only defender for her behaviour is I!!!8217;ve irritated her
    Originally posted by Tiffg87

    Did you accept the quote given, and did they confirm your acceptance?

    Can she ban you? Well quite possibly. As long as she is not banning you because of race/disability/religion etc then yes. Whether or not the higher ups in her company will be happy with this is another matter. They may well allow their store managers to ban who they feel deserve it. You could always complain to their head office if you feel like it.

    How often have you been emailing/calling?

    But really, do you want to give a company who you feel has treated you badly your money anyway?

    • Tiffg87
    • By Tiffg87 17th Mar 18, 8:02 PM
    • 9 Posts
    • 0 Thanks
    Tiffg87
    I have been calling every other day to see what progress they have made and it is always none. I spoke to customer services and they advised me to send a complaint by email explaining what happened - ironic they want me to email the company again
    I really just wanted to know if I can be banned from a store for calling and emailing the company - I have not been in the store since they gave me the quote and I have not behaved badly, annoying but not badly

    Also if a company can accuse someone of harassment? I have been calling to ask if they have resolved my problem, I am not calling giving abuse or swearing at them etc

    I have personally dealt with someone harassing me before so that really made me cross to be accused of it, I consider harassment to be a constant threatening behaviour towards an individual, perhaps the law sees it differently?
    • mije1983
    • By mije1983 17th Mar 18, 8:12 PM
    • 2,983 Posts
    • 18,830 Thanks
    mije1983
    I really just wanted to know if I can be banned from a store for calling and emailing the company
    Originally posted by Tiffg87
    They can ban you for any reason they see fit, or even no reason whatsoever, as long as it's not a ban influenced by one of the protected characteristics.


    Also if a company can accuse someone of harassment? I have been calling to ask if they have resolved my problem, I am not calling giving abuse or swearing at them etc
    Originally posted by Tiffg87
    It's not the company complaining of harassment, it's the store manager (or her staff members).

    Harassment isn't exclusive to violence or threatening behaviour. Citizens Advice says:

    Harassment is when someone behaves in a way which makes you feel distressed, humiliated or threatened.

    • Tiffg87
    • By Tiffg87 17th Mar 18, 8:28 PM
    • 9 Posts
    • 0 Thanks
    Tiffg87
    Thats ridiculous a company can ban you from the premises without reason, you would think in this day they would have to give a reason or else they could be accused of some sort of discrimination against that individual
    I do not believe I am guilty of harassment then from that CAB statement
    They could feel distressed or humiliated by my complaining but if they did their job properly in the first place or did something to rectify their mistake then they would not feel that way

    I have emailed a complaint to customer services (at their request) as her behaviour was well out of line, I work in distribution and would never speak to a customer that way no matter how annoying I found them
    Thanks for the advice I just wanted to know my rights etc especially with that accusation being thrown at me
    • mije1983
    • By mije1983 17th Mar 18, 8:32 PM
    • 2,983 Posts
    • 18,830 Thanks
    mije1983
    Thats ridiculous a company can ban you from the premises without reason, you would think in this day they would have to give a reason or else they could be accused of some sort of discrimination against that individual
    Originally posted by Tiffg87
    It's not ridiculous. They are private companies who can chose who they sell to, as it should be.

    Except as I mentioned, as long as it's not because of a protected characteristic. So if they banned you because they think you are harassing them then that is fine. However if they banned you because you are blue skinned and worship Mr Blobby then that is not allowed.

    As I said earlier, why would you want to give a company who you say has treated you this badly your money anyway? I'd be looking somewhere else, ban or not.

    • Tiffg87
    • By Tiffg87 17th Mar 18, 9:00 PM
    • 9 Posts
    • 0 Thanks
    Tiffg87
    Sorry I should have said, I will not be buying from them due to her behaviour. Even if she was within her rights to ban me from the store her attitude was completely unprofessional. I wonder what customer services and her manager will come back with
    • unholyangel
    • By unholyangel 17th Mar 18, 11:55 PM
    • 12,286 Posts
    • 9,617 Thanks
    unholyangel
    Thats ridiculous a company can ban you from the premises without reason, you would think in this day they would have to give a reason or else they could be accused of some sort of discrimination against that individual
    I do not believe I am guilty of harassment then from that CAB statement
    They could feel distressed or humiliated by my complaining but if they did their job properly in the first place or did something to rectify their mistake then they would not feel that way

    I have emailed a complaint to customer services (at their request) as her behaviour was well out of line, I work in distribution and would never speak to a customer that way no matter how annoying I found them
    Thanks for the advice I just wanted to know my rights etc especially with that accusation being thrown at me
    Originally posted by Tiffg87
    No its not ridiculous. Just as you are free to pick and choose which company you buy from, they are free to pick and choose what customer they sell to (unless - as above - its discrimination of a protected characteristic).

    With all due respect, what you think about your behaviour doesn't matter when it comes to harassment or it would be impossible to prosecute any stalker (who often "just want to be friends", "don't mean them any harm" etc). Its what the person on the receiving end thinks.

    If they were telling you to call back, I could understand (and I'm really trying to think of possible things you might have not told us which might make calling every other day a good idea). But other than that, why were you calling them every other day if not to purposely bully them by annoying them into submission? Why didn't you think to yourself "I'm getting nowhere by calling, I'm going to send a letter of complaint/go up a step in the complaints chain"?
    Money doesn't solve poverty.....it creates it.
    • LadyDee
    • By LadyDee 18th Mar 18, 7:44 AM
    • 2,852 Posts
    • 2,989 Thanks
    LadyDee
    Hi I!!!8217;m having problems with a kitchen company giving us a quote and then refusing to honour it once the competitor sale ended. We have been emailing and calling to get them to resolve the problem but no one has done anything so we keep calling and emailing etc
    Basically the store manager lost it with me today, she was very aggressive on the phone, accused me of harassment, called me a liar and said she would not speak with me again, she would not sell me a kitchen and I!!!8217;m banned from her store.
    Can she do this? She is a store manager not a director or company owner
    Also is complaining classed as harassment?
    We!!!8217;re only repeatedly contacting them because they haven!!!8217;t resolved the issue

    Just for clarification I was very calm on the phone I did not raise my voice, use bad language so her only defender for her behaviour is I!!!8217;ve irritated her
    Originally posted by Tiffg87
    Surely you wouldn't want to buy a kitchen from this company?

    If you are having this much trouble with the store at this stage, imagine what you are likely to face if there is anything wrong with the kitchen!

    Why not just let it go, find another another kitchen supplier and get on with your life.
    • Tiffg87
    • By Tiffg87 18th Mar 18, 3:40 PM
    • 9 Posts
    • 0 Thanks
    Tiffg87
    We are not buying from them after her behaviour. Reason why we keep ringing is because our issue is still being investigated by customer services and were checking for updates as no one ever calls us back when they say they will, it is actually customer services we are ringing, we only contacted the store a few times so I do not think that is bullying. Also yesterday when the store manager blew up at me and accused me of harassment and lying that was only my second conversation with her and she actually telephoned me that time
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