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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 55
    • Dacca39
    • By Dacca39 18th Mar 18, 10:00 PM
    • 3 Posts
    • 0 Thanks
    Dacca39
    Faulty car
    I bought a car from a local dealer 28 days ago on my credit card. Yesterday it showed up with faulty car pump can I claim under section 75?
    • mije1983
    • By mije1983 18th Mar 18, 11:08 PM
    • 3,543 Posts
    • 20,090 Thanks
    mije1983
    I bought a car from a local dealer 28 days ago on my credit card. Yesterday it showed up with faulty car pump can I claim under section 75?
    Originally posted by Dacca39
    Has the dealer refused to help then?

    Yes in theory you can claim on your credit card (I assume it was over 100 and less than 30k) but unless the dealer is refusing to help I'm not sure why you'd want to. What could be an easy job for the dealer to fix could take weeks going through the CC company.

    • Dacca39
    • By Dacca39 19th Mar 18, 8:32 AM
    • 3 Posts
    • 0 Thanks
    Dacca39
    Not tried yet trying today. If it is the power steering pump will be a big and expensive job.
    How long does a claim take.
    • pmduk
    • By pmduk 19th Mar 18, 8:53 AM
    • 8,846 Posts
    • 6,584 Thanks
    pmduk
    The card company will want to see that you have tried remedying the issue with the dealer first. You seem to be anxious to go to them first. It doesn't work that way.
    • derrick
    • By derrick 19th Mar 18, 9:06 AM
    • 7,078 Posts
    • 2,322 Thanks
    derrick
    The card company will want to see that you have tried remedying the issue with the dealer first. You seem to be anxious to go to them first. It doesn't work that way.
    Originally posted by pmduk

    Nothing to stop them doing so, S75 gives same rights against retailer and CC supplier, consumer can go for retailer, CC supplier or both.
    Example here: -

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/86/86-consumer-credit.htm

    86/08
    ...Under section 75, she could seek redress from the supplier of either the goods or the credit.
    We thought Miss V had taken reasonable steps to try to resolve matters with the supplier. Despite what the card provider appeared to believe, however, she was not obliged to have done this...........

    "We told the card provider that Miss V was not obliged to exhaust all possible avenues with the supplier before claiming under section 75"


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


    • Dacca39
    • By Dacca39 19th Mar 18, 9:39 AM
    • 3 Posts
    • 0 Thanks
    Dacca39
    Just going to a mechanic now to see what the problem is then will get in touch with dealer.
    Thanks for all your help
    • LadyDee
    • By LadyDee 19th Mar 18, 6:56 PM
    • 3,077 Posts
    • 3,184 Thanks
    LadyDee
    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
    Originally posted by Tiffg87
    What do you hope to achieve then? I'd breathe a sigh of relief that I'm not going to be dealing with them again and concentrate on something important.
    • Billy12345
    • By Billy12345 20th Mar 18, 11:14 AM
    • 63 Posts
    • 87 Thanks
    Billy12345
    Hi, wonder if anyone can help.


    Bought a laptop from Currys on 27.01.18. Very recently this has developed an intermittent fault with the cursors which work sometimes and not others so difficult to diagnose. I "chatted" with Lenovo who decided it was a faulty keyboard and given the time I had it to take it back to the store. Currys cannot replicate the fault (which I told them they may not be able to) and saying nothing they can do.


    Any advice really appreciated as I thought under Consumer Rights I could return for a replacement as less than 6 months old.
    LBM August 2016 = 59,064 Now 49,500. DFD 2035 !!! Getting there slowly but surely
    • unholyangel
    • By unholyangel 20th Mar 18, 2:09 PM
    • 12,639 Posts
    • 9,952 Thanks
    unholyangel
    Hi, wonder if anyone can help.


    Bought a laptop from Currys on 27.01.18. Very recently this has developed an intermittent fault with the cursors which work sometimes and not others so difficult to diagnose. I "chatted" with Lenovo who decided it was a faulty keyboard and given the time I had it to take it back to the store. Currys cannot replicate the fault (which I told them they may not be able to) and saying nothing they can do.


    Any advice really appreciated as I thought under Consumer Rights I could return for a replacement as less than 6 months old.
    Originally posted by Billy12345
    Well yes, but only if it doesn't conform to contract. It is up to you to show the goods don't conform to contract and if its within 6 months of purchase, then its assumed the lack of conformity is inherent and for the retailer to prove otherwise.

    Just take a video of it happening and then go back to currys.
    Money doesn't solve poverty.....it creates it.
    • Broonshoe
    • By Broonshoe 24th Mar 18, 3:00 PM
    • 1 Posts
    • 0 Thanks
    Broonshoe
    I am trying to pay off the rest of my holiday with a credit card and the travel company i used is stating that the surcharge still applirs. Their reason is my original booking was made prior to the removal of surcharges. Where do i stand on this
    • Fosterdog
    • By Fosterdog 24th Mar 18, 3:27 PM
    • 3,930 Posts
    • 6,761 Thanks
    Fosterdog
    I am trying to pay off the rest of my holiday with a credit card and the travel company i used is stating that the surcharge still applirs. Their reason is my original booking was made prior to the removal of surcharges. Where do i stand on this
    Originally posted by Broonshoe
    They are correct, the new rules only apply to contracts made since their introduction
    • Rossifumi
    • By Rossifumi 12th Apr 18, 7:53 PM
    • 11 Posts
    • 0 Thanks
    Rossifumi
    I ordered an iMac from iStore and was given an arrival estimate of 14-21 days which will not now be meet. As it is costing build they are refusing a cancellation and refund. What is my rights?
    • unholyangel
    • By unholyangel 12th Apr 18, 8:08 PM
    • 12,639 Posts
    • 9,952 Thanks
    unholyangel
    I ordered an iMac from iStore and was given an arrival estimate of 14-21 days which will not now be meet. As it is costing build they are refusing a cancellation and refund. What is my rights?
    Originally posted by Rossifumi
    By istore, do you mean apple.com or somewhere else?
    Money doesn't solve poverty.....it creates it.
    • LilElvis
    • By LilElvis 12th Apr 18, 8:56 PM
    • 3,734 Posts
    • 10,190 Thanks
    LilElvis
    By istore, do you mean apple.com or somewhere else?
    Originally posted by unholyangel
    Google suggests it might be this site/store

    https://www.albion.co.uk
    • Coco23
    • By Coco23 14th Apr 18, 8:38 AM
    • 1 Posts
    • 0 Thanks
    Coco23
    My diamond is a cubic zirconia, what can I do?
    Hi,


    A few months ago my diamond came out of my platinum engagement ring (15 years old), luckily I found it but it had a small chip in it so wouldn't still fit the setting. The ring was made to order so I contacted the seller to source a new diamond for replacement as it is a very unusual triangular shape. For a couple of months now the jeweller has fobbed me off with " waiting for my diamond dealer to come back to me". She has acknowledged that this is her work.


    I decided to proceed with my insurance claim and sent the ring and diamond to a very reputable jeweller recommended by the insurance company. They called me yesterday to tell me that the diamond is in fact Cubic Zirconia. The band is actually platinum and the jeweller said it was of the highest quality so I find it very confusing that someone would make this item but it seems that this is the case.


    The jeweller has always maintained (even 15 years ago) that she uses the highest quality metal and natural gemstones yet CZ is manmade! My boyfriend paid a considerable amount of money for the ring and it was sold to him as a diamond and is obviously furious about this.


    I am trying to keep my emotions out of this but it is very difficult and I would like it resolved asap so I can put this behind me and ideally I would like a diamond fitted to the ring that was sold to us 15 years ago. I have asked the insurance company jewellers to provide a quote for this.


    What I would like to know is what are my rights?


    Just to add as well, this ring has not been away from me in the 15 years so it has not been tampered with.
    • lincroft1710
    • By lincroft1710 14th Apr 18, 5:10 PM
    • 10,903 Posts
    • 9,196 Thanks
    lincroft1710
    Hi,


    A few months ago my diamond came out of my platinum engagement ring (15 years old), luckily I found it but it had a small chip in it so wouldn't still fit the setting. The ring was made to order so I contacted the seller to source a new diamond for replacement as it is a very unusual triangular shape. For a couple of months now the jeweller has fobbed me off with " waiting for my diamond dealer to come back to me". She has acknowledged that this is her work.


    I decided to proceed with my insurance claim and sent the ring and diamond to a very reputable jeweller recommended by the insurance company. They called me yesterday to tell me that the diamond is in fact Cubic Zirconia. The band is actually platinum and the jeweller said it was of the highest quality so I find it very confusing that someone would make this item but it seems that this is the case.


    The jeweller has always maintained (even 15 years ago) that she uses the highest quality metal and natural gemstones yet CZ is manmade! My boyfriend paid a considerable amount of money for the ring and it was sold to him as a diamond and is obviously furious about this.


    I am trying to keep my emotions out of this but it is very difficult and I would like it resolved asap so I can put this behind me and ideally I would like a diamond fitted to the ring that was sold to us 15 years ago. I have asked the insurance company jewellers to provide a quote for this.


    What I would like to know is what are my rights?


    Just to add as well, this ring has not been away from me in the 15 years so it has not been tampered with.
    Originally posted by Coco23
    Does your boyfriend (husband now?) still have the receipt? As he bought the ring, the contract is between him and the supplying jeweller. If the price he paid reflects CZ rather than a diamond, then I cannot see he has much of a case. If the jeweller did cheat him then at the very least he should ask for the difference between what he paid and what he should have paid for a CZ stone.

    If he has the receipt he should approach the supplying jeweller and ask what she intends doing about it.
    Last edited by lincroft1710; 14-04-2018 at 5:12 PM.
    • sm1862
    • By sm1862 9th Jun 18, 9:15 PM
    • 8 Posts
    • 2 Thanks
    sm1862
    Online returns
    Hi
    Thank you to everyone who helps with this forum..

    I purchased a Fiamma caravan awning (279) online which we now realise is the wrong length. The goods were sent from the companies suppliers and not from their store. The returns policy states that goods sent from thier suppliers cannot be returned but I think this is not inline with the Consumer Contracts regulations, I understand that I will have to pay return delivery costs. Can you please confirm where I stand.

    Many thanks.
    Last edited by sm1862; 09-06-2018 at 9:34 PM.
    • bris
    • By bris 10th Jun 18, 10:14 AM
    • 7,802 Posts
    • 6,785 Thanks
    bris
    Hi
    Thank you to everyone who helps with this forum..

    I purchased a Fiamma caravan awning (279) online which we now realise is the wrong length. The goods were sent from the companies suppliers and not from their store. The returns policy states that goods sent from thier suppliers cannot be returned but I think this is not inline with the Consumer Contracts regulations, I understand that I will have to pay return delivery costs. Can you please confirm where I stand.

    Many thanks.
    Originally posted by sm1862
    It make no difference where the goods were sent from, if it's an off the shelf product and not made to your measurements then distance selling rights according to the CCR's still apply.


    You have 14 days to cancel.
    • unholyangel
    • By unholyangel 10th Jun 18, 1:53 PM
    • 12,639 Posts
    • 9,952 Thanks
    unholyangel
    Hi
    Thank you to everyone who helps with this forum..

    I purchased a Fiamma caravan awning (279) online which we now realise is the wrong length. The goods were sent from the companies suppliers and not from their store. The returns policy states that goods sent from thier suppliers cannot be returned but I think this is not inline with the Consumer Contracts regulations, I understand that I will have to pay return delivery costs. Can you please confirm where I stand.

    Many thanks.
    Originally posted by sm1862
    Also to add, you're only liable for return postage costs if comply with their obligations and provide the necessary information prior to you being bound by the contract. Such as that you have the right to cancel, the time limit, conditions and that you'll be liable for return costs (also, if the the goods can't be returned by normal post because they're bulky for example, then how much it will cost to return them).

    If they didn't advise you of all that then they are liable for return postage costs.
    Money doesn't solve poverty.....it creates it.
    • LilElvis
    • By LilElvis 10th Jun 18, 2:22 PM
    • 3,734 Posts
    • 10,190 Thanks
    LilElvis
    Also to add, you're only liable for return postage costs if comply with their obligations and provide the necessary information prior to you being bound by the contract. Such as that you have the right to cancel, the time limit, conditions and that you'll be liable for return costs (also, if the the goods can't be returned by normal post because they're bulky for example, then how much it will cost to return them).

    If they didn't advise you of all that then they are liable for return postage costs.
    Originally posted by unholyangel
    If the store was this one: https://www.fiammastore.com/static/Deliveries_and_Returns, then it's highly unlikely they complied. Cancellations within 7 days, notification of faulty goods only accepted in first 48 hours following receipt, referring to legislation from 2000 ...... pretty much a joke from beginning to end.
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