It is not fit for purpose

That’s a legitimate claim as long as you are using the item for the purpose for which it was intended. This is the principle of fitness for purpose. There is no point claiming that paint thinner has had adverse effects if it is not being used as paint thinner! Similarly, if you are commissioning the manufacture of a product and do not specify the purposes for which it will be used you will have no recourse if it fails to live up to your expectations.

Your Statutory Rights

Common Complaints

And if your statutory rights are broken

Leave a Comment

262 comments… add one

  • Fiendish 27 February, 2:18 pm

    With regards to ‘not fit for purpose’, I purchased a laptop almost a year ago which works fine, however ever since I started using it, it has given me electric shocks and a tingling sensation when touching the brushed aluminium. The company in question has stated that they are aware of the problem via a forum post on their website (though there is no official recall/notification etc or any independent contact from them about it). My question is, can I claim a refund/replacement for the laptop being unfit for purpose, given that it is running electrical current through you when you use it?! (If not, would any other section of the Sale of Goods act apply?) Also, given that it was 12 months ago (I only saw the company’s post about it today) do you think I would face any difficulties arranging this with them given the situation has been going on for quite some time?

    Many thanks for your time and expertise.

    Reply
  • Catriona 3 March, 1:53 pm

    Fiendish, I don’t think this would constitute ‘unfit for purpose’ under the s.14 definition of Sale of Goods. Lots of items with brushed steel do give off static, which isn’t unacceptable. Although if there are safety risks due to electric shock, S14 may still apply. With anything, it’s always best to raise the issue as soon as it becomes an issue, to prevent the supplier from claiming wear and tear. You must send the item back to the supplier for assessment, and if found to be faulty they will repair, or replace if a repair is impossible. If they replace, they do not have to give you a new laptop, to take account of the use you’ve already had.

    Reply
  • Steve 16 March, 7:50 pm

    Due to the smell of gas in our house we called out a plumber who indeed confirmed we had a gas leak. The leak was found to be coming from inside the range cooker we purchased new only 18 month previously. The plumber could not however find the exact location of the leak within the cooker due to the way in which the cooker had been built. He recommended that I cease using the cooker as he did not feel that it could be repaired sufficiently and would be safer to stop using it all together. I contacted the manufacturer who said due to the year being up on the guarantee they would charge us an £88 call out fee to check indeed that it was faulty and would not replace the cooker even though now after 18 months it has been seen to be not fit for purpose or safe by a reliable plumber. Do we in fact having any rights in this matter to have a replacement for this cooker.

    Reply
  • Catriona 20 March, 2:34 pm

    Steve, retailers and manufacturers always refer to the warranty as a way of getting out of their statutory obligations. What you have been told is incorrect, and the warranty is irrelevant. You will still have protection under Sale of Goods legislation long after the warranty has expired. For more on this see:
    http://whatconsumer.co.uk/how-long-should-it-last/
    and:
    http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/

    Reply
  • Paul 30 March, 12:44 pm

    I purchased a new motorbike last March. Since that time its been back to the dealers 5 times.The first 4 were for the same fault ( a persistent oil leak) . It is now back again with a major failure of an engine component. Its 1 year old and covered 2000 miles does this constitute not fit for purpose and if so can I reject it?

    Reply
  • peter bulteel 30 March, 5:36 pm

    I recently bought an amplifier on the 13th Febuary 2009. I had used it twice and now it has stopped working. i have tried to contact the company to get it sent back and to get a refund but they tell me that as i am out of the 28 day return policy, I am not entitled to a return/refund. I was also told that i have to get an engineer to look at it at my own expense to make sure it isn’t damaged due to misuse. is this right? can they do this? am i not entitled to a refund?

    Reply
    • Matt Thompson 10 April, 9:58 pm

      I purchased some ski boots in December from a shop whose expertise I relied upon for achieving the correct fit. I took their guidance on size and the style that was best for me. I have just got back from a skiing trip where I used them for the first time. After the first week I started having real problems controlling my skis and fell a lot. I went to a local boot fitter in the resort where I found out that I had been sold boots which were 2 sizes too big and which were dangerous. He talked through how to check if the boots are the correct size. The shop I bought my boots from did not perform any of the same checks to fit my boots for me. I was advised to hire some smaller boots for the rest of the holiday as he considered that my boots would be dangerous for me to use. I hired some (from a separate retailer) and I felt in control again. I have since had a second opinion back home and have been told again that my boots are far too big. It is now April however I have only just had the opportunity to use them due to the ability to get away on holiday. Where do I stand?

      Reply
  • Catriona 1 April, 3:09 pm

    Paul, The fact that it has gone wrong 5 times in the last year would give you good grounds for rejecting the item claiming loss of faith in the product. However, you may have to threaten legal action to enforce this and any refund would take into account of any use you have had of the bike over the last year. If the bike has suffered a major fault which has rendered it unroadworthy and will take considerable time to fix, you could probably request a replacement. If not and it can be repaired relatively quickly and easily you will have to accept a repair in the first instance.

    Reply
  • Catriona 1 April, 8:49 pm

    Peter, Under Sale of Goods you are entitled to a repair. if this cannot be done they must replace the item. If neither can be done, they will be obliged to give you a refund, but you cannot insist on one in the first instance. The warranty is irrelevant. Because you are still in the first 6 months of ownership, you do not have to prove a thing – therefore what they are telling you is rubbish. Send the item back and but request that they pay for it and insist the item is sent back to you in full working order within reasonable time. See: http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/ for more on this

    Reply
  • Mark H 9 April, 12:54 pm

    Hi

    I purchased a videogame game from Argos yesterday after work. I got home and played it for about 20mins. After 20mins I developed a headache and felt extremely nauseous. So, I stopped playing due to the motion sickness and spent the rest of the evening recovering in bed. The next day I took it to another argos closer to my work, explained the issue and wondered if they could replace the game and I would pay the difference. The manager flatly said no and that was it. After checking their website it does say yes videogames are exempt from the 30 day money back guarantee, but this does not affect your statuatory rights. Am I right in assuming because this games graphics and/or motion in game make me nauseous i should be able to replace it because its not fit for its purpose? ie I play the game because I enjoy it, not the opposite?

    Reply
  • Catriona 11 April, 6:04 pm

    Mark, I’m afraid that unless there is a fault wih the game, which is causing the symptoms you mention, you cannot claim the game is unfit for purpose, and Argos are under no legal obligation to take it back. Manufacturers can’t be held responsible for proucts which have adverse affects on some people unless they can prove to be unsafe in some way (i.e toxic).

    Reply
  • Catriona 11 April, 6:54 pm

    Matt, the law is very clear on this. If you buy something on the specific guidance of a specialist, and the goods then prove to be ill-advised then you have a good claim, not just for full refund but for damages also. You must first prove however that the person who advised you was’t just a salesperson, but a specialist acting in a professional capacity, and that you relied on the information given.

    Reply
    • matt thompson 12 April, 11:07 pm

      Catriona,

      Thanks very much for your advice, that is very good to know. Is the time between buying them and being able to use them an issue? I bought the ski boots in December for Christmas but wasn’t able to use them until April due to the ability to get away skiing. The shop is closed at the moment as they are away skiing but it is a specialist ski shop and therefore I would guess that it should not be too difficult to prove that they are professionals acting in a professional capacity.

      Reply
  • Catriona 16 April, 12:52 pm

    Matt, the time frame wouldn’t be an issue, although as a general rule of thumb it’s always better to pursue matters within the first 6 months. You would still need to have proof of purchase to prove a contract of sale existed.

    Reply
  • Josh Boyd 10 February, 9:02 pm

    I bought a dell laptop (studio 1537) straight from dell at the beginning of december ’08. The warranty that came with it lasted a year. My laptop started to play up slightly before my warranty ran out and dell tried to charge me £30 to tighten 4 screws on the hinges. when the engineer was putting my laptop back together he broke my wifi card which they replaced after many arguments and over 10 quids worth of calls.
    With in the last week or so my laptop was really slow, so I thought I would format the hard drive and reinstall windows 7. I inserted the disc and then the optical disc drive didn’t work. I phoned dell, again, and was taken to a foreign call centre. All they want to do is sell me another warranty!
    Would my laptop be covered under this law?

    Thanks
    Josh

    Reply
    • Tony 11 February, 12:50 am

      Hi Josh,

      You need to tell Dell that the laptop is not of satisfactory quality and as the retailer, I assume, they are liable under the Sale of Goods Act. It is reasonable to expect a laptop to last longer than this. They are well within their right to ask for an engineer’s report to prove that it has an inherent fault and hasn’t been misused etc.

      Tony

      Reply
  • Lizzie Norman 18 February, 4:31 pm

    I have got a iPhone 3GS and I have had problems with it since I got it in december. It only lets me get certain phone calls and picks a chooses which ones I get. I rang Orange on 1st Feb and they said that it was my phone. they got me to try a few things and then put me through to Apple who kindly replaced my phone. I have had my new phone for a week now and the problem is still happening. I am missing important phone calls. I have been on the phone to Orange 5 times in the last two days and they keep putting me through to different people. Is there anything legal I can quote that can get them to give me a normal phone or cancel my contract? I have been with orange for 5 years and never had a problem.

    Thanks

    Reply
    • Tony 19 February, 12:05 am

      It is strange that you have had the same problem with two different phones . I have an Iphone 3GS with O2 and it is fine. Is it a problem with reception?

      Reply
    • Vicki 23 February, 7:13 pm

      Hi Lizzie

      I suggest first checking the iPhone forums as there are numerous queries about this sort of issue. The obvious suggestion is to check that you have ‘enable 3G’ switched off (look under settings / general / network on your phone) as the 3G reception can be very weak.

      If this corrects the signal then it is simply that you are in an area where 3G is poor (which makes web access faster). If not, go to the iPhone forums as it is likely not a fault witht he phoen as such.

      Thanks

      Reply
  • Beki H 20 February, 11:42 pm

    I purchased a bed frame via ebay in september (comes with 12 month warranty), when it arrived there was a dowel missing which we managed to then get from the seller as their shop was close by.
    however it did make the bed frame slightly loose.
    the footboard has now cracked and has made the frame really unstable.
    this is just from normal usage-sleeping (ive just had a baby so it hasnt seen much ahem “action” so cant even blame that!!)
    i got intouch with them two week ago and never got a call back so i rang again two days ago and they told me they dont stock that bed anymore and dont have any replacement parts that they know off but would check and call me back which they havent yet.
    to me the bed was not fit for purpose seen as it broke from normal usage but also what are my rights seen as they dont have this item anymore?
    when should i start “threatening” them with my rights etc seen as they dont seem to want to do much.
    thanks

    Reply
  • Wayne 23 February, 8:10 pm

    Hello i purches a pc from argos on sunday… its except from the 30 day money back garnatee…

    I got it home as it states it has a gameing grahpics card in the pc… when i installed my games it says it does not meet the minimum requiremnts

    I have spoken to my local argos manager he is refusing to accept it back unless an enginerr has looked at it, Yet when i have called argos customer support they said yes take it back for a refund…

    What are my rights?

    Reply
    • Tony 26 February, 1:24 am

      Your statutory rights have been breached and the PC is not as described – get the manager to phone customer service.

      Reply
  • Dave right 6 March, 6:47 pm

    I have a television that was found to be sold unfit for purpose and trading standars were involved. The TV is three years old but cost £1200 when new. The company concerned have offered me a different TV but it does not have the same features and costs £500 but is of no use to me without the features I currently have.

    Can I ask for a refund? if so what would be reasonable considering I have had three years use.

    Reply
  • Sam 13 March, 9:53 pm

    I purchased a infant car seat in Sept 09 after checking on the manufacturers website that it was suitable for my car, which it stated it was. I purchased the seat and isofix base from an internet retailer. When I received the seat and base and baby arrived I asked a local Halfords to just double check I had fitted it correctly, they said it was although it looked like baby was sitting at quite a steep position (rather than lying flatter) but that it should be ok.

    As my baby has got older her head is starting to fall forward so that it is resting on her chest and the side impact protectors are having no effect what so ever as her head is so far forward that her head just falls from side to side as we go round bends and just generally does not look very safe. She is only 4 months old and average weight so the seat should still be suitable for her for at least another 6 months.

    I’ve checked how other friends babies are in their car seats (including when they’re fitted in my car) and they definitely do not have this problem and one of us now has to sit in the back of the car to keep propping her head back up and currently my only solution would be to purchase another seat that fits my car correctly and safely supports her head and spend another £200 on a seat for approx 6 months usage before buying the next seat that faces forward.

    I have contacted the manufacturer and they have advised me to contact the place I purchased it from or not use the car seat base (which I’ve tried and makes no difference), but I’m not sure if I have any rights to return it as the retailer gave me no advise on whether it would be suitable for my car as this information was available on the manufacturers website and don’t really know what to do.

    Reply
  • Chris 27 March, 11:14 am

    Hi, we bought a buggy about 3 months back, we have the guarantee slip and, more importantly, the receipt.

    Recently, we have experienced wet weather and found that the buggy rain cover does not fit properly, indeed we would have to cut our child’s legs off to get it to fit correctly.

    She is 15 months old, so not ready for long walks yet.

    In addition, the front wheels lock sideways whilst manoeuvring, something that has caused my fiancé to fall over the buggy, nearly crushing our daughter and putting our unborn son at risk.

    To top it off, we have no car and travel by bus, which can be annoying as although buses around here are buggy friendly, the brakes on our buggy are not bus friendly (indeed they are quite difficult to lock anyway) and frequently unlock whilst in transit which means that our daughter spends time on our laps on the bus, something that prevents my fiancé from travelling whilst I am working.

    Does this by any chance constitute ‘not fit for purpose’?

    Reply
  • Lauren 28 March, 8:16 pm

    I work in a shop which has a policy that we do not do refunds. However we do offer an exchange or credit note.
    We have a sign next to all our tills stating we can exchange or give credit but not all customers read them.
    Is this down to them or is it the staff’s responsibility to let each and every customer know we do not do refunds?

    Reply
    • Chris 6 May, 8:59 pm

      Hi, I was enquiring as to whether the buggy was fit for purpose, as if it isn’t, we as consumers can claim the money back as part of our statutory rights.

      As it nearly got my partner, my daughter and my unborn son killed, surely this fits into this category?

      Your statutory rights are unaffected by company policy and are law in the U.K. as stated upon every printed guarantee and receipt issued therein, including ours.

      Reply
    • Liz 14 August, 2:14 am

      Dear Lauren

      No company can take away a customer’s rights by putting up a notice. If a customer has a legal right to a refund – if, for instance a product was not of merchantable quality (that is, not fit for purpose) then a company CANNOT take away that right WHATEVER notice they put up.

      Neither can they require that faulty goods can only be returned with a receipt or other proof of purchase.

      Liz

      Reply
  • Mary 6 April, 1:55 pm

    I bought a pair of Reebok easytone trainers before heading off on holiday 2 weeks ago. These are designed to give your lower body a work out. However, I found that once I had worn them for a while the circulation to my toes was restricted resulting in ‘pins and needles’. Given the design of the trainers(air pods on the ball of the foot) I could not simply flex my foot in the trainer to get the circulation going so I was having to take them off. The trainers fit well and admittedly it takes a bit of time to get accustomed to walking in this type of shoe. But they are predominantly made of foam. This means that my feet are getting hot quickly and most likley swelling a bit pushing the foot hard against the sole. The shop is refusing to refund my money on the grounds that there are not faulty – defined by them as meaning poor stitching etc. My point is that inhibiting circulation is a much more serious problem than a few loose stitches. Where do I stand?

    Reply
    • Liz 14 August, 2:23 am

      Dear Mary

      I think that you have a very good case for suggesting that the trainers contained an ‘inherent fault’, that is an error in design. According to the Department for Business Initiative and Skills website regarding teh Sale of Goods Act, the fact that this design error was present at the time of sale (even if you didn’t immediately notice it) means that the product was not of satisfactory standard, and therefore would not be considered to be of ‘merchantable quality’ under the Sale of Goods Acts and Regulations.

      Under SOGA (1979 and other later Acts) you have a contract with the SELLER NOT the manufacturer, so don’t let them fob you off with making you complain to the manufacturer.

      Liz

      Reply
  • Mary 6 April, 10:19 pm

    2 weeks ago I bought a pair of Reebok Easy tone trainers (£75)to take on holiday. After a few hours my feet became very hot adversely affecting the circulation in my toes . Because of the air pods on the sole I was unable to move my toes about freely to get the circulation going again. I had to take them off. This happened on 3 occassions. The shop has refused to refund my money claiming that the trainers have been thoroughly tested by the manufacturer and I have simply bought too small a size. This is not the case – the trainers fit well. The problem is when worn for a long period of time they do not perform as you would expect from the £75 price tag.

    Where do I stand with this?

    Reply
  • MICK 8 April, 7:50 pm

    I have a problem with my 4 year old Ford Mondeo. I has developed 2 holes in the flooring of the cabin. The dealer said that he had never seen this before and that it should not have happened. However due to the fact that I had not paid an extra 20-30 pounds to have a body check carried out the warranty is invalid. My point to Ford was that it is surely reasonable to expect that the flooring on a modern motor vehicle should last far more than 4 years. Irrespective of any warranty. Do you think I have a point?

    Reply
  • Lynne 9 April, 12:45 pm

    Hi we bought a shower enclosure online in 2008 and have only just come to get it fitted-it turns out to have two top rails and no bottom rail so cannot be used. I contacted the retailer who said that if a replacement part can’t be found there is nothing they can do due to the length of time that has passed as 30 days are given to inspect the goods. I did inspect the item and everything looked ok to me as I am not a professional and could not be expected to notice this fault. Where do I stand on this issue legally if the part cannot be found? It’s a discontinued model, thanks in advance for any advice you can give, Lynne

    Reply
  • cringer 11 May, 5:23 pm

    Hi, I bought a Bush Freeview HD receiver box from Argos.
    - The Freeview SD picture is of noticeably poorer quality than the Freeview SD picture direct into the TV. This is all on the SD signal, using the same aerial
    - There is an aerial passthrough (the box has an aerial out) where one can then diasy-chain the aerial signal to another device, such as the TV or a video recorder. However, when this is done, the signal for C4 or ITV is unuseable. BBC1 and BBC2 are okay. It seems to only passthrough the aerial signal correctly if the box is turned on. This would be very inconvenient (and costly in terms of electricty usage) to have it on if I wanted to record something overnight. This may well be how the box is supposed to work

    At time of purchase I did not realise that such items were exempt from Argos 30 days satisfaction guarantee, so therefore they have sent off to Tech Support to ascertain if there is a technical problem with my box. However I would like to know if I am within my rights to ask for a full refund irregardless if my box is damaged or not. The whole issue has left a bad taste really.

    thanks for any help!!

    Reply
  • Marc 13 May, 12:12 pm

    Hi,

    I have bought a printer which according to its manual can print transparencies. However, the manufacturer (Samsung) says warranty is voided when using “unsupported media”.

    The only type of transparencies recommended in the manual are no longer being manufactured, leaving me with the choice of either using “unsupported media” and voiding my warranty, or not printing transparencies at all.

    I have asked the manufacturer if they can recommend me replacement transparencies, but so far they have refused, leaving me without the possibility to use the printer as I intended to.

    What do you think of this?

    Many thanks,
    Marc

    Reply
    • Liz 14 August, 2:30 am

      Hi Marc

      I think (tho’ not SURE) that they may be selling a printer that is not ‘fit for purpose’. If you had been given expert advice that any purchase would do the job that you required of it, and it subsequently proved to be completely useless for this purpose, you would be perfectly within your rights to take it back. I think your manual should certainly be deemed to be ‘expert advice’. My only concern is whether there would be a problem since the ‘expert advice’ was given by the manufacturer and your contract is with the seller.

      Certainly, tho’ I think that you would be on completely sound ground if AT THE TIME OF PURCHASE, it was not possible to operate the printer within the description included in the manual, that the goods did not conform to contract in that they were not as described.

      Good luck.

      Liz

      Reply
  • Steve 9 June, 8:22 pm

    I purchased a fairly pricey Samsung TV in November 2007. It has in the last coule of weeks had difficulty turning on. A quick google indicated this is a common occurance on Samsung TV’s due to cheap capacitors.
    I have been to my retailer to say the Item was not of expected quality and if it can’t turn on is not fit for purpose. They said they have no repsonsibility as they have not heard of this fault, and I must pay for a repair. At best I must pay for an engineer to prove the TV was Faulty at purchase. Do I have a leg to stand on?

    Reply
  • msmarmitelover 2 July, 4:42 pm

    I bought a Smeg fridge/freezer through John Lewis in April. Since the moment it arrived it’s not worked properly. first of all the door wouldn’t shut, I had to keep it shut with sellotape, plus the boxes inside were broken. (the plastic is remarkably fragile and brittle).
    It’s one of those expensive retro fridge freezers, I paid almost £1.5k for it so I was pretty shocked. After 2-3 weeks they sent round an engineer (who expected me to pay for his parking) with a hair dryer to seal the door shut.
    The door is still not very secure, the magnets don’t work very well.
    Now in June I noticed for the last few weeks that water drips down the back into the cheese and vegetable boxes, making the goods inside rot. I’ve complained about it. Their customer service doesn’t seem to have any technical knowledge and did not explain why this should be happening. I’ve lost a great deal of expensive food.
    They then said engineers had made an appointment with me. I said no they haven’t. The engineers, not having been in touch with me, came round on a day I was out. If they had been in touch I could have told them I would be out that day.
    I spoke to the engineers who said ‘it’s our word against yours’ which really annoyed me.
    I’ve complained to John Lewis who are just pfaffing around. They are saying they have to liaise with Smeg and their engineers. I’m tired of this expensive fridge freezer that has never worked properly since day one.
    I don’t think it’s fit for purpose. Looks nice but is rubbish.
    I’m out of pocket and nobody cares.

    Reply
  • ljd 5 July, 5:14 pm

    Sorry i already posted this . but it seems more appropriate in this thread:

    Grateful for some advice. I bought a dell laptop online a few months ago. The fan comes on at high and stays on for the duration. There are numerous threads complaining about this. Some have sent the laptop to be fixed and the problem is never fixed. I am wondering if i can return this laptop as not fit for purpose because 1)The high fan is very annoying i cannot download overnight as the fan will keep me awake 2) i have to play music a lot louder on my laptop to drown out the fan noise 3) its embarassing if i have to make a laptop presentation to clients.
    However dell meantions in the warranty “8.4 Dell does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties”.
    Does this mean i cannnot return this and ask for money back ? How many times do i have to send my laptop to dell for them to attempt to fix this problem ?

    Appreciate and help.

    Reply
    • Dave 3 November, 1:53 am

      Hi
      Did you get anywhere with this? I have exactly the same issue with a Dell laptop. Thanks

      Reply
  • Paul 6 July, 12:27 pm

    Hi,

    I bought an LCD TV with built in DVD player and iPod dock 18 months ago from Tesco and the DVD player has just stopped working. The DVD player has not had much use over that time, so it can’t be worn out, it must have developed a fault.

    Tesco say that as it’s over 12 months old they can’t do anything (replace or refund) in store and have advised me to call their electronics helpline.

    Surely this can’t be considered fit for purpose? I would expect the item to work longer than 18 months. Do I have any rights?

    Many thanks,
    Paul

    Reply
  • Seb 9 July, 4:07 am

    I’m interested in buying a refurbished television from in auction format. The seller shows the statement below on the listing.

    ”Refunds / ExchangeDelivery
    Fixed Price Sales

    Willen Trading operates a ‘No fault – No quibble’ policy for “Buy It Now” purchases only. If you change your mind about your purchase for whatever reason, you may return the item, unused, in its original condition along with full packaging, accessories and proof of purchase within 7 days of delivery.

    PLEASE NOTE: All ‘No fault – No quibble’ purchases are NOT covered by Willen Trading collection services or subject to postage reimbursement. Purchases returned under the terms of the ‘No fault – No quibble’ policy are at the customers expense.

    Auction purchases are NOT covered by this policy, in line with the Office of Fair Trading long distance selling laws. Your statutory rights are not effected by this policy.

    For full details about Refunds and exchanges,”

    What are my rights if this TV breaks shortly after purchase? Can I not get my money back if it faults after 7 days?

    Reply
  • CherylC 15 July, 1:23 pm

    Can anyone advise how long a Metal Bedframe should last.
    Ibought one from Argos which has broken just after the 1yr.

    Can I get a refund?
    I have just ordered a new bed from somewhere else, can I get a credit note to spend on something else in Argos (if I have to)

    thanks for your help,

    Cheryl

    Reply
    • Liz 14 August, 2:46 am

      Hi Cheryl

      The Law says that you can demand a refund after a ‘reaonable time’, but then doesn’t go on to explain exactly how long this is! It all depends on what you bought and how much you paid for it as well as if there were any defects that the seller brought to your attention (esp. on sale items) at the time of purchase.

      I have to say that I think you would have a really good argument that 1 year for a metal bed frame is hardly a ‘reasonable time’ as so, the bed was not of ‘merchantable quality’ and was ‘unfit for purpose’ at the time that they sold it to you – that is unless it was really ridiculously cheap, in which case the old adage about ‘you get what you pay for’ applies.

      All told tho’, I think you have a really good case to take it back, although the seller could offer repair or replacement as an alternative. Since you have had it for a year, however, it will be up to you to prove that the bed was no good in the first place (although, unless you bought it for a fiver, I would love to see the seller’s face as they tried to tell you that a bed lasting for only a year is reasonable.

      If they won’t play ball, however, your only alternative might be Small Claim’s Court, which may not be worth your time and effort if the bed was not that expensive, and the retailer may be very well aware of this.

      If they do not replace or repair the bed and leave it to you to take them to court (which is too expensive for you to go through) I suggest that in any case you may want to inform your local Consumer Direct office or Trading Standards as it is possible that you situation is part of a pattern, and may help Trading Standards to bring proceeding against the trader, even if you don’t want (/can’t be bothered!)to do so yourself.

      liz

      Reply
  • Diane 16 July, 11:13 pm

    HI, I bought a leather suite 2 1/2 years ago paid cash. The steching has started to go on a chair and the sofa in the same area off each. There are 4 adults in the house and suite gets no abuse what so ever . To me it is a manufactures fault. Have been told by store i purcased suote that the sute is over a year old and they can do nothing about this.I have had fabric suites in the past and had 10 years wear out of them. Please tell me how you think i stand. thank you. Diane

    Reply
    • Liz 14 August, 3:09 am

      Dear Diane

      The company cannot just quote ‘one year’ to you and make you go away!

      The key phrase for you to quote to them is ‘Merchantable Quality’, or ‘Satisfactory Qaulity’ either will do, although quoting the first phrase has a definite sense of ‘legalese’ and lets the the seller know that you understand you rights under the Sale of Goods Acts and are not not some dumbo who can be flim-flammed! Goods are considered to be of ‘satisfactory’ (and therefore ‘Merchantable’) quality if they reach a standard that a reasonable person would regard as satisfactory, given things such as description and price. Durability is one of those things that a ‘reasonable person’ should be able to expect, and how much durablity would depend upon what you had bought. I don’t think anybody could seriously suggest that a ‘reasonable person’ would genuinely expect a leather sofa to start falling to pieces after only a year.

      I would go back to the seller and quote your rights (going as high up the organization as you can go, firstly on site and then Head Office – if the trader is multi-site). This alone should probably get you some sense, as often the company use a policy of ‘Deny First’ to put people off their legal rights. Be aware that you may have to quote your rights under the Sale of Goods Acts (back to ‘merchantable quality’ and ‘reasonable person’) and also understand that the person that you are talking to may very well NOT KNOW what your rights are, as they are often not adequately trained by their employer. They may very well be quoting ‘company policy’ to you, but you must remember that no-one can have a ‘company policy’ that takes away your rights. You may have to be very firm about this, and persistent (I have in the past). No matter what ‘notices’ they may point out to you, however big, you DO have rights under the law.

      If you get absolutely no joy from being firm (or even, if ABSOLUTELY NECESSARY marginally obnoxious!) for the cost of a leather sofa, you would probably want to take the company to the Small Claims Court (for up to £5000) for a relatively small cost. You don’t need a solicitor to do this.

      Good luck.

      Liz

      Reply
  • Amber 25 July, 4:55 pm

    HI, i purchased a phone 9 month’s ago from carphone warehouse, it worked perfectly fine until the other day. I plugged in the charger and it did nothing. We took it back to the shop and they sent it off to see if i t could be repaired. The repairers said it had be broken and won’t be able to be fixed and that I had broken it myself by putting in the charger, surely this hasn’t been fit for function, please help!

    Many thanks,
    Amber

    Reply
    • Liz 14 August, 3:18 am

      Hi Amber

      Slightly dodgey one, this. I think that what they are trying to suggest is that you abused the charging mechanism whilst you were plugging it in. Even if you have a warranty, there will be a clause that gives the company an ‘out’ if you have misused the item in any way. Also, since it is more than six months since you purchased it, the burden of proof is on YOU to show that the phone was faulty at the time of purchase rather than because of anything that you’ve done to it since.

      One thing that might be worth trying is looking on the web to see whether there is a blog or other moaning forum about this particular model. If there is, you would be a a LOT stronger position to show that it’s not ‘just you’.

      Good Luck

      Liz

      Reply
    • Craig 11 October, 10:17 pm

      Engineers have probably looked into it, and found damage around the area of the charging socket to the main PCB, indicating damage by rough insertion or tugging of the power cord.

      Reply
  • Jane 10 August, 10:36 pm

    Hi, I took a HTC HD2 out on a 2 year contract in May, within weeks it started to freeze so I phoned the helpline who told us to download stuff etc, we tried all this and then when we gave up and rang for a replacement phone they said we were out of our 28 days> we have since sent it back for repair, resulting in us having to but a temporary phone, the phone was returned 3 weeks later, no we dont live in outer space, a few days later the same fault has occured resulting in us being unable to rely on the phone. When you try to use it is is frozen resulting in you having to take out the battery and then re-insert. When I questioned why the repair was taking so long I was informed it was because they needed a new part, as the problem is still the same it would indicate that the new part is not working. At what point am I entitled to a replacement? I have spoken to 3 HTC representatives and have been given three different answers, the first said after the first repair it would be replaced if it then broke again, today I have been informed it will be after the second repair then later in the day I was told after the third repair, during this convo I was also told it was in HTC terms and conditions, I asked the rep to give me the link which she did but cant find any reference to this, please can someone help me!!!

    Reply
  • Paul2 31 August, 10:27 pm

    I purchased a Toshiba TV from ‘Come’last November. The set runs out of lip-sync. Their engineer said that he ‘considers it to be within acceptable parameters’. I find it disconcerting when trying to watch debates or following music as the picture & sound are so seperate. Do I have a case for a replacement, as they seem reluctant to do anything about it?

    Thanks.

    Reply
  • Claire 1 September, 10:07 am

    Please help!! I bought a Hoover from next directory two weeks ago. There are several problems
    a. The setting for low carpet lifts the carpet and has caused bobbleing and scuffing and Is too powerful
    b. The setting for high carper does not pick up on my low carpets
    c. The hard floor setting shoots a trail of dust out the back meening it can’t be used on hard floors as advertised
    d. In order to empty the drum you have to unscrew the top and it is very very messy and difficult

    I contacted next yesterday after 14 days of use and they are sending a courior to collect it…. AT MY COST!!!! then if they find nothing electronically wrong with it ( which the won’t as this is fine!) then they are returning it to me again at my cost!!!! I already paid to have it delivered to me and they charge nearly £13 for each courier plus as it’s on credit I am paying 25% apr on it and they can keep it for upto a month!!

    Surley as it has damaged my carpets they should be bending over backward for me! What can I do?

    Reply
  • Corinne Brattain 1 September, 1:46 pm

    Hey Some good thought provoking content on here. Nice work.

    Reply
  • Sally 2 September, 4:16 pm

    I bought a new Iphone 3G and a 24 month contract with Vodafone on 11 July. Vodafone tells me my phone is ported over properly, yet I have never been able to register or use BTOpenzone to send or receive email since then. I’ve spent hours on the phone to Vodafone trying to get the problem fixed. Apparently their internal Service Desk needs to change something and the Porting Team doesn’t have any control over their priorities. Seven weeks later,2 promised resolution dates have passed with no resolution. Can I cancel my contract?

    Reply
  • Jim 2 September, 6:18 pm

    i bought a laptop from Curry’s in Dec 08 for £330. It has worked without an issue until July 10, when it stopped working…no power by which time it was out of warranty. I took it to Currys and they wanted £229 before they looked at it. I then took it to an independent PC repair shop who advised that there has been a catastrophic power failure on the motherboard. I have since been in touch with Curry’s Head Office and taken the laptop back to the store. With 30 mins of dropping in store they have offered me £190 Currys vouchers and advised that that’s what the problem is. I don’t think that this is accetable as I now only have the option to but a laptop in Currys at a min cost of £350 leaving me out at least £160. Do I have any rights to claim a full refund or replacement.

    Reply
  • laura kane 13 September, 3:48 pm

    I purchased a bedroom furniture set from Dreams for the sum of £1500. The delivery men did not have time to take the furniture up the stairs and informed my husband if the goods did not fit to contact the store for collection as they had a extremely busy day for delivery’s. The goods would not go past my stair case there for not fit for the purpose they were intended for. I contacted the store to check if I could open the packing to see if that would help. I was informed I could but an admin fee would apply. I opend 3 large packages but with no success the furniture would not go past the stairs. I further noticed the store had sent me a queensize bed instead of a kingsize. I contacted the store to ask for the goods to be returned. They informed me that they would collect in 2 weeks, I would be given a credit note for £1000 and £500 charged for admin fees. Please help as I know I shouldn be to blame for such a prob or have to pay such an amount for furniture i’m not keeping.

    Reply
  • Pete 14 October, 9:15 pm

    Hi,

    I recently paid for a wooden flooring because the carpet that I currently have in my house is dark and gloomy. I wanted a flooring that would brighten up the house and lift my spirit.

    It was arranged to have the flooring delivered and fitted in three days from the date of purchase. In short, I had not taken delivery of them, even though I had paid for them.

    I did not take any sample home to see if the flooring would be bright enough for my house either, before paying down the money, as I was excited at the thought of brightening up my house to improve my mood.

    On getting home that evening, I realised, sadly, that the wooden flooring that I had just bought was too dark for my house. I then went back to the store the next morning to ask for a refund, telling them the reason as to why I was asking for a refund.

    It came as a surprise to me when the manager of the shop told me that refunds over £200 were to be approved by Head Office and not the shop from which I bought it. On speaking to the person in charge of refunds at Head Office, I was told that I could not get a refund because I ‘changed my mind’, as per a form filled in by a Sales Assistant and faxed to them.

    I was fuming because I had not signed the form to say that I changed my mind. The form required my signature and that of the branch manager. Neither of us had signed it.

    Anyway, having sent them a 7-day Letter Before Action (LBA), they have replied to say that:

    (a) they are not indebted to me
    (b) the goods are ‘fit for purpose’.

    They have indicated that they are willing to give me a credit note or an alternative product, saying that they would fight it vigorously if the case went to court.

    Needless to say, I totally rejected the offer on the grounds that all I want is a refund of my money, pure and simple, as I am no longer willing to do business with this company in view of the very bad experience that I have had with them, regarding the refund.

    As an aside, can I just say that many others have reported (on the Internet), similar bad experiences with this company.

    Can I say that although I paid for the flooring in full (with a date arranged for them to be delivered and fitted), neither was the delivery date met nor a refund made to me, as a result of which I am now out of pocket, yet they are telling me that they are not indebted to me!

    Please advice, as it is my intention to take this matter to the Small Claims Court.

    Thanks

    Reply
  • Dave 3 November, 1:49 am

    Hi, I bought a Dell laptop through PC World in June. It works fine except that the fan operates excessively. Without running any applications, the temperature slowly rises and the fan comes on/off periodically, reaching a point where it is on constantly. Open any application (e.g. browse photos, what a movie) and the fan is on full speed continuously. Purchased as a media PC the fan noise is extremely distracting. It has been back to Dell and to PC World for investigation. Both have run tests to show that fan adequately cools the PC (which is not the problem reported). Both concluded that the fan is not faulty. Am I able to claim not fit for purpose even if manufacturer and seller have tested and find no fault? thanks

    Reply
    • Paul Chapman 1 January, 1:47 pm

      I had similar problem with my wifes Fujitsu Siemens laptop, I was told it was due to the processor working at approx 100% and therfore the fan was on more often, cooling it down. The advice given was to add more memory to the laptop therefore taking some of the workload of the main processor. I upgraded from 1gb to 4gb and found that the computer ran faster and that the fan was on less often. Hope this may help.

      Reply
  • Darren 15 November, 1:58 pm

    Samsung 40″ TV won’t power the lcd up

    Purchased brand new on 27/12/08 and in total has been used a maximum of 1 year (bought a 2nd one beginning of Jan this year).

    Has been working fine until last weekend when the screen display will no longer light up properly. On the odd occasion when telling the pc to shut down the screen display will suddenly display 100% correctly for about 2 seconds then vanish again.

    It will no longer display TV programs properly either, if you look very carefully and at an odd angle you can see a picture which is more like a very dark ghost image, same with the on screen menus.

    We didn’t get the extended warranty as our opinions on them are normally they are a rip off. We would expect the tv to have lasted a lot longer than what it has. All curry’s have said is that it’s out of the 12 month warranty and they will get their out of warranty service to contact us. Currently waiting for them to call but I get the impression that they will be looking to charge for this.

    Please can you advise if this would be a case for not fit for purpose or shoudl be repaired FOC under sale of goods act or something.

    thanks

    Reply
  • Emily 17 November, 5:31 pm

    I bought a satchel off of ebay, and the leather is badly scuffed in places, the front pocket isn’t sewn on straight. Also, the seller said it could hold a ringbinder, but it’s too small. I want a refund but they won’t refund all the money because they said they used about £8 on p&p. The p&p was free on ebay, is there any way I can claim the full amount back?

    Reply
  • Steph 24 November, 2:26 pm

    Hi I purchased a cooker from dixons and had it delivered last week, i read the spec on the site and it explained it was an oven/grill (all in one)the item was delivered and i used the oven the next day. However after that i realised i was not supplied with an actual grill pan. All my cooker came with was a drip tray which sits at the bottom and an oven shelf which apparently is their idea of the grill aswel, the rungs are at least an inch apart and anything i try to grill on there will fall through. That isnt my main concern though, i also have a metal guard which i have to put under the buttons when using my grill and obviously as the grill/oven shelf has no handle i keep burning my wrist on the protector as i have to reach right in the oven to remove the shelf. I contacted dixons for a refund and they have told me that as i have used the oven i cant have one, but how am i supposed to realise its unpractical without using it. Does anyone know what my rights are regarding this?

    Reply
  • Martin 25 November, 1:10 am

    A few weeks ago my company purchased 6 external hard drives from a well known e-tailer. They were advertised as having an ethernet connection so they could be linked to a network. Now we have come to use them we find that although the built-in software lets you turn-off “sleep mode” (so they should always be on) they still “go to sleep” and so are useless for being used on a network.

    The e-tailer is now being awkward in accepting them back – can I quote them the Sale of Goods Act re. not fit for purpose ?

    Reply
  • Neil 28 November, 1:56 pm

    Hi,
    I have been sold goods that are not as described and not fit for purpose. (A car stereo system cable/lead)
    The cost was £60.
    I paid for the original goods with a credit card.
    The supplier refuses to refund my money but has given a credit note
    He states it is not company policy to give refunds on Cables/leads.
    This wasn’t explained at the time of purchase, and wasn’t made clear, by way of signs etc. I wasn’t given an invoice either.
    The supplier has the goods back, and can resell them, whilst I have a credit note I don’t want or need that is only valid for 90 days.
    Is this in breach of any consumer legislation?

    Reply
  • Peggy Ledbury 3 December, 12:40 pm

    Does fit for purpose cover cars, as I purchased a Citroen Piccaso
    September 2008. It is now out of warranty and a fault has occurred.
    It keeps coming up on the dash board cruise control when I am trying to put it in reverse and recently showing Automatic gearbox fault. so I took it into my Citroen garage and they say it will cost £1,800 to repair. I am still paying for the car 99.00 a month and now I have this bill. Do I have any rights as I feel this is a lot of money when I only use the car for going to work and shopping localy.

    Reply
  • john woods 3 December, 2:19 pm

    I Purchased a van on Thursady pm and paid cash to a van dealership who has a small forecourt of vans and paid the cost of £4000 in cash. I had only drove 15 miles on the following day and it broke down. I rang them straight away to explain what had happened, he told me unlucky you bought it as seen and it drove of the forecourt fine. He is not budging and there was no warranty on the vehicle/van.
    Please help

    Reply
  • emma 7 December, 2:13 pm

    whilst at my local shopping centre, i was “captured” by a salesperson from the ‘her styler’ stand who sat me down and started curling my hair. after i’d refused to pay for the product as it was too expensive, although very good, he wouldn’t let me get out of the chair to leave, and as i was there with only my two small children, i began to feel very intimidated, especially when one of his colleagues came to stand at my other side so i couldn’t escape, and started talking to him in his own language. in the end i paid a lower price for the product just to get away and hoped i would get enough use out of it to make it worth it’s money. i tried the product the next day, and i was completely dissatisfied with the quality, they must use something completely different to what they’re actually sending you home with. i have checked the receipt and it states that there are no refunds, but exchanges can be made within 14 days. i definitely do not want an exchange – i was bullied into the sale from the start, and the product was mis-represented… where do i stand?

    Reply
  • Paul Mawby 14 December, 11:10 pm

    Hi, I recently bought a wireless router from Maplin. When buying it I spoke to a customer advie about the poor signal quality in my house and he recommended a model.
    When I got it home I turned it on and the signal quality was just as poor as my current wireless router, so I packed it all up (having made no changes) and took it back.
    To my shock the y told me they would not exchange it because it had been powered on!
    My question:
    i) Does this constitue not fit for purpose?
    ii) Is it true that because an electrical item has been powered on that the seller no longer has any responsibility?

    Reply
  • Paul Chapman 1 January, 1:43 pm

    Purchased a digital camera with HD video recording facility. Taking pictures fine, but recording video is in NTSC format not PAL format as used in UK. The recording format was not advertised by seller, although looking at manufacturers website states 2 types are available. NTSC only and PAL/NTSC types. As they supplied a camera suitable for an NTSC compatible country only, can I assume this item is not fit for purpose within the UK

    Reply
  • asmith 13 January, 3:56 pm

    I bought a necklace from a shop as a christmas present for my wife. She does not like it and thus surely it is not fit for the purpose of a present for my wife? Would this argument stand up?

    Thanks

    Reply
  • WAYNE 17 January, 8:02 pm

    I went into my local plumbers merchants and ordered a specific fitting.I was sold a fitting and fitted it. Three days later the fitting blew off the pipe causing £1,200 worth of damage. The fitting sold to me was not packaged and therefore did not have any identification on. It turns out the fitting was incorrectly supplied. In this case who would be to blame, me as the fitter or the merchant ?

    Reply
  • sally 12 February, 8:27 pm

    I bought a 3D ventura travel system from mothercare when i was 8 weeks pregnant, but the garantee didn’t start until my due date, i have been using the travel system for 7 months now and at first i thought the pram was amazing, now that my son has started using the pushchair mode, their seems to be all sorts of problems, the brakes don’t work properly, the basket is inaccessible, the handles are very wriggly, the bar in front feels like its goin to snap, the harness straps are to short and i can’t strap baby in properly, the recline and sit up position is extremely difficult to do, it doesn’t fold or erect very good, endless problems that are causing unnecessary stress, am i entitled to a refund from mothercare ?i have 5 months left on the garantee..

    sally

    Reply
  • Chloe_Manc 15 February, 4:11 pm

    I bought a Samsung American style fridge/freezer in Nov 08 for £500. It broke after 14months, freezer wasn’t cold (although it said it was) thinking we were out of warranty paid an engineer to come out. He said, ‘all the samsungs seem to break’ He said we needed a new ‘frost free’ unit as it had frosted up which would be £180. He told us that if we left the freezer off for 24hours, then turned it back on it would work again, but only until it froze up again, which it has now done twice in a month. I am not happy as I’m sure it should last longer than 2 years, on researching this online I found out it did actually come with a 2year guarantee. Is there anything I can do? I can’t afford a new one at the moment, got 2 kids to feed and have ruined over £200 of food through it defrosting.

    Reply
  • Sara smith 25 February, 12:01 pm

    I purchased a very expensive coat from a well known designer’s shop. When I took it out of the bag at home, it was crumpled and created a lumpy silhouette. Clearly it would crumple badly when worn and would be unattractive. I had bought it for its elegant silhouette. I took it back within a week and told the shop it was not fit for purpose but they refused a refund and only gave me a credit note. There are no other coats I like and I don’t want to spend this much money on other items. Can I insist on a refund?

    Reply
  • Andrew Giblin 28 February, 7:56 pm

    On going issue we bought ab expensive mattress over 12 months ago we have had it replaced three times for the same fault within the first twelve months of purchase it has gone faulty again and has a 5 year warranty the supplier is asking for some money towards a replacement the reason given was that we have had some use out of the product surely we should not have to lay any further money out

    Reply
  • Ali 24 March, 10:39 pm

    Hi,
    Was wondering if you could give me abit of advise please.

    Strange kinda story, short and simple as possible…
    My nan passed away, I inherited her TV, paperwork including any warranty is not available anymore.

    I always turn majority of my electrical goods off at the socket to save just that little bit extra on my bills.

    Ive only had this TV about 3 weeks now, its a fancy LG HD flat screen doofry. Each night ive been turning it off at the socket and about a week ago it began taking forever to turn on, I took advise I found online, (changing the power cord) nothing changed. Now the TV wont turn itself on at all, ive had to go back to my old tv till the problem gets fixed.

    It may sound silly, but i dont have much money and being given this TV was a lovely surprise, so unless the company pays for it, the TV has to get the boot as i cant afford a hefty repair bill.

    Ive noticed online this seems to be a recurring problem with these fancy TV’s when they are switched off at the mains. Being given advice to save energy and not being able to turn this tv off at the socket, does that constitute not fit for purpose in anyway shape or form?

    Long shot but, thought I would ask and thank you in advance for any help you could offer.

    Reply
  • Molly MacDonald 5 April, 2:41 pm

    This is the 3rd memory foam king size mattress than we have been given since bought begin Nov 2010 (£750). The 1st mattress the company said was not ours so they took it back, but this was so far the best mattress. The 2nd mattress started to sag and ‘cooks’ us and started to mould (we have proper ventilation), so we requested that they collect and give us a new one. Again this one is starting to sag and again cooks us, even though in mid Winter we didn’t have heating on and a light summer duvet. I don’t want another mattress from them, they have missold it to us, we said we are fidgety and are hot in bed, but they said the bed would absorb any heat. I am very annoyed, its not a cheap mattress and the bed company don’t have good customer service either. Its not fit for purpose as I’m going back to my chiropractor for back and neck issues. I just want my money back. Also the second mattress didn’t come with a second invoice either, they should have given me an updated invoice. Help required to resolve this once and for all.

    Reply
  • Stephanie Bett 6 April, 3:36 pm

    I am doing the coast to coast walk in August and last september I went into a large outdoor shop to buy some boots for my walk. I got them early because I wanted to wear the boots in so my feet would be very comfortable for the 192 mile walk. I explained to the girl in the shop what I wanted the boots for and that I would be wearing the boots in and it was important to have boots that were waterproof. I have been wearing them and cleaning them after each use and have used protector spray on them but in January one of the boots started and no amount of protector is making any difference. I was advised to fill them with water to see where the leaks were and on doing on of the boots had water pouring out of them. I paid £80 for the boots and expected quality and for them to last at least until the walk in August. I have used them almost every week since sept and no longer have the receipt. Am I able to return them to the shop for a refund? what are my rights as far as this is concerned?

    Reply
  • Siobhan 11 April, 1:22 pm

    I bought a mobile phone direct from a network online, I’ve had the phone for 2 weeks now but the phone is unsatisfactory. It is a touch screen phone but the screen is not responsive enough. For example, when a phone call comes through, you touch the screen to unlock the phone and then answer it. Today I had an important phone call, but no matter how many times I touched the screen and with varying levels of pressure the screen wouldn’t unlock and I couldn’t answer the call. Extremely frustrating as it really was an important call.
    The website state that I can only return the handset within 14 days and I must not have opened the box. I am unhappy with the phone and want to return it for a refund. What are my rights on this matter? Can I ask them for a refund under the sales of goods act?

    Reply
  • steve McKenna 13 April, 1:15 pm

    My mum bought a laptop from Comet and it has never worked properly , she has taken it back to Comet and they say as its a software problem it is not covered under the sale of goods act. Is this right ? Surely this comes under Not fit for purpose ?

    Reply
  • Louise 26 May, 10:05 pm

    We purchased some Sony UWP radio microphones for £600 for our business in July 2009, but the microphones will no longer work following the digital switch off in July 2012 and Sony say they will not modify the UWP series as the mics are beyond economic repair and will therefore need to be thrown away.

    Although we did not know about wireless mics being affected until today, apparently large manufacturers were notified, therefore surely Sony and their dealers sold us a product that was not fit for purpose. We are a very small business and need equipment to last longer than just three years.

    Can we make a claim even though the wireless mics were a business purchase.

    Reply
  • Patrick 30 May, 11:38 am

    We bought leather two and three seat sofas from the Stirling Furniture shop.
    Within the first year we noticed the cushions were becoming very soft. They weren’t losing their shape but they were not offering the same support. Into the second year the problem became worse and was now being mentions by visitors to the house.

    Towards the end of last year when the sofas were approaching two years old we contacted Stirling Furniture about the problem. They sent a technician out to examine the sofas. He agreed there was a problem and said they would replace all the foam. He also recommended we move the sofas around the room every few weeks to avoid using the same cushions.

    The foam took awhile to arrive but eventually the job was complete in the first half of February this year.

    My wife has moved the sofas as recommended every three weeks yet now after only 3 months we can already feel the cushions going the same way.

    Do we have any right to go back to the store and complain further?

    Reply
  • Steve P 4 June, 10:14 am

    I bought an X-Box the other day with a couple of games
    Tokk it home and set it up but only one of the games would play. The non-playing games (including the one supplied with the Xbox) require a TV to work in “Pal-60″ mode. As far as I am aware, the UK market is Pal-50. Pal 60 is a mode which allows the play of USA spec games.
    I spoke with my TV manufacturer (Philips – my LCD tv is only 6 yrs old) and they were astounded that Microsoft are selling equipment in the UK that are not UK standard. I also spoke with Microsoft who advised that the majority of games for the xbox required Pal-60 an therefore I might as well return the unit. There is nothing on the packaging for the xbox or games which suggests that Pal-60 is required.
    I was not prepared to spend another £800 on a new TV, and the endor did eventually refund most of the purchase price (minus £3).

    Is this the same problem with Playstation and Wii machines ??

    Reply
  • Lucy 4 June, 2:12 pm

    My partner brought a Samsung Galaxy Ace mobile phone 32 days ago, he has noticed that there are now 10′s of tiny scratches all over the screen, he has not dropped it, nor has he done anything other than make calls on it. It is not kept with anything like keys or coins. He has treated the same as his last touch screen that he had for over 1 yr, this has no scratches on it at all. They have told him basiclly tuff luck as its over 30 days, any advice, surely a phone screen should be more resistant than that!

    Reply
  • Andrew 5 June, 11:14 am

    I bought a Ford Ka (new style) in 2009. I love my car but there has been a problem. Is there anything I can do?
    The issue:
    I will have to book it in to get fixed for a THIRD time in the next few weeks as again I am getting exhaust fumes inside the vehicle, which affect my chest and gives me sore heads. Twice this has happened since purchase, twice its apparently been fixed by Arnold Clark (where I purchased the vehicle) and yet again the same thing is occurring….I am starting to really loose patience as I commute quite some distance to work and work a lot…I need my car to be in full working order! At the moment it is fixed under the warranty, but I don’t want to be having to pay to fix it all the time if this becomes a 4th, 5th etc issue…and I do not want to take an extended warranty out because why should I!!!!

    Reply
  • ledo 8 June, 12:12 am

    I purchased a bed – a frame and mattress. The price of each item was reduced as I was buying a package. I advised salesperson bed was to be King size, would not sag in the middle, good quality as I am post Cancer and sometimes had long periods of rest.
    Frame arrived faulty but resolved. Mattress faulty, replaced and that one was also faulty. Company accepted liability, uplifted mattress and refused to take frame saying nothing wrong with it, it is not a package. Consumer Direct say they are wrong and liable. Trading Standards say it’s grey area, a Sheriff would decide. I have no bed just a frame. What should I do. Company did not respond to Recorded Delivery letter asking for full refund and uplift of frame.

    Reply
    • ledo 8 August, 4:01 pm

      Got positive result to my dispute as to whether a mattress and frame for that mattress purchased at the same time as one item is a ‘package.’
      Not happy with Trading Standards staying ‘Grey’ when it comes to legal definitions. Consumer Standards much more forthright.
      My argument was that a frame is not a bed and a mattress is not a bed but a frame and mattress together becomes a bed, a package just like a flight and hotel, bed and breakfast, mattress and frame! One part faulty then the package has to be treated as a whole.
      My viewpoint won.I got full refund, frame and mattress uplifted.

      Reply
      • CS manager 17 September, 2:22 am

        I’m glad you won. At the end if the day common sense prevailed – they’d let you down and couldn’t fully perform the contract for the ‘bed,’ so they put you back where you were at the outset. It is, however, a little bit of a “grey” area. I would say it depended on how the items were sold but in reality most beds will be sold as a frame plus mattress so that consumers have flexibility on the mattress.

        I sincerely hope you has something to sleep on whilst you sourced a new bed!

  • Marie 13 June, 5:37 pm

    Hi I purchased a hairpiece because I have frontal hair loss. The hairdresser cut and styled the hairpiece back to front. I have contacted the manufacturer and they informed me that the hairpiece was cut incorrectly. Can I get my money back?

    Reply
  • Nikki 18 June, 11:52 am

    i upgraded mjy phone in November and since then i have nothing but problems with it. The most serious being that my phone calls and text messages are not being put through to my handset despite confirmation from my network provider that the coverage is more than sufficient.
    The phone has been sent away for repair once before already and has returned with the fault still not repaired. Now my providers say it has to be sent away again but I am not confident the problem will be repaired. Is this a breach?

    Reply
  • Chris 21 June, 3:26 pm

    Please help
    I purchase a car via a motor loan for £5k 2 years ago, since then it has broken down 5 times and been in and out of the garage 9 times in 2 years!! It has had over £6k worth of work done on it and still needs a further £2.5k worth now (the current resell value is only £2k), it has only done 16000 miles since I bought it.
    I have currently written to the dealership I bought the car from, the finance company and the makers of the car and no one wants to know. Surely this much work constitutes the car being unfit for the purpose it was sold.
    I have asked numerous times to return the car to the dealership and all they say is they will part ex it for me against another car so I would have to pay the difference due to them selling me a dud car. The last time I asked and threatened action they said there was no point as I have had more work done on it than the car is worth so I may as well keep it!!
    Please help!!

    Reply
  • Louise 27 June, 10:30 am

    Hi Chris

    If you think you were sold a dud car, you can go to the small claims court. You will need to engage an expert witness and have all your evidence in order. You would summon the dealership and the finance company in your case. You can handle the process yourself without going through a solicitor. Get advice from the small claims website and also call your local trading standards office.

    We had a similar problem with a car purchased from a dealership which had not only been used in a major bank robbery and some sort of accident with structural damage to the frame, but it turned out that it was actually two cars welded together! I would never buy through a dealership again.

    When you look for a new car, spend the money on the top of the range AA/RAC car check, you have peace of mind and a guarantee!

    Good luck

    Reply
  • Richard 8 July, 12:05 pm

    I have bought a residentiol awning for my caravan new for just over £1000.00 last april. I put it up on my new van which arrived mid june, it was on the van in total for 5 months and in that time had faded from black to grey, i informed the manufacturer and they agreed there was a problem and sent me a new one this march, I erected that in April this year and that has faded the same within two months, the manufacturer has agreed again to exchabge but feel this is going to happen again and have asked for a refund.. They told me to deal with the company i bought it from. Have emailed them and explained everything and they have refused to give a refund due to the fact thats its fit for purpose… Can they do this as if i wanted a grey awning then i would of bought one….PLease Help…

    Reply
  • joanna potter 12 July, 1:29 am

    I brought my son a STORM watch by internet on 4th August 2011. I paid by credit card.The garentee is for one year.
    The back of the watch has fallen off but storm require both the original receipt (which I have) and the garentee which I have lost to repair it. Is this reasonable within the sale of goods act as I can prove it is within the year and also a watch of this price should last more than 1 year.
    What do you think?

    Reply
  • Lesley Gordon 15 July, 1:33 pm

    I bought a laptop from HP 11 months ago. It was advertised as having a battery life of 4 to 5 hours. The battery only lasts for about an hour. I have been in touch with HP who say if the battery doesn’t present an Error Code they will not replace it under the Warranty. I say it isn’t fit for purpose as it does not last the advertised time and isn’t much use as it had to be plugged into the mains most of the time. Am I right?

    Reply
  • Eroc33 17 July, 4:05 pm

    Hi a few months ago i bought a creative zen mp3 player and have not had the chance to use it until recently, although the packaging has been lost. The catalogue states that it has touch screen, without this feature i am not happy with the player and the player is not touch screen, however when i attempted to return the player to argos they told me that i would have been told that it was not touch screen when i bought it, there was some ammendment bulletin apparently, however it is now my word against theirs. What shall i do?

    Reply
  • jean west 25 July, 1:03 pm

    Trying to get carpet shop to refund our money as the Shepherd Twist carpet we bought in January 2010 now looks at least 20 years and has according to a carpet tradesman
    is showing signs of premature aging , pile reversal and short rows- owner admitted the carpet was faulty and replaced it in april 2011 but now says nothing is wrong. been to trading standars but carpet shop now says that this is normal – Help

    Reply
  • Jim 26 July, 9:22 pm

    I have had a HTC mobile phone under contract with the 3 network for approximately six months . The phone stopped working the other week and I returned it to them under repair under warranty. They have stated that the fault was caused by water damage and will not repair it, they have also charged me £20 for the privilege of looking at the phone.

    I have not dropped the phone or spilt water on it and have kept it in a rubberised case and used in normal conditions. Do I have a case?

    Reply
    • Jo 22 September, 9:09 am

      Jim, it seems that no-one wants to give answers on problems with mobile phones. I am also having massive problems with 3 they say that the charging unit has been crushed or the phone dropped and they will not repair it either. My arguement is that if this had happened surely there would be damage to the outside of the phone, but there is none. I have written to them twice now and not received a response. Their customer service team are absolute rubbish.

      Hope you get something sorted. Keep on at them and may be one of us will have success!

      Reply
      • CS Manager 22 September, 9:02 pm

        Water damage is usually pretty obvious in electronic kit. Get them to prove their case with pics. If it’s inside 6 months the onus is on them to do this. If you are sure of your case ie you have submerged it. Put ‘em on notice of your intent to take Small claims action. You issue prceedings on line. If you bought with your credit card check insurance and also get them involved. Finally, if you feel really miffed, spend a couple of quid on the Companies Hse website and get the address if a non-executive director. Write a letter to them asking for their intervention. It works every time :)

  • Aaron 2 August, 3:03 pm

    I bought a pair of cycling shorts from a store where I had bought some previously. However, when I got home, they were too small to get on! They were the same make and size as the ones I had bought before, plus from the same store and within only a couple of months.

    I took back both pairs to show how much smaller they were now. Looking more closely, we could see that the style was very slightly different, though not noticeable from a casual look. They refused to give me a refund, and did not have them in a different size. They would only offer me a credit note, but since they were a very reduced sale item, I did not want a credit note as it may not have the same buying power in that store any longer.

    Am I entitled to a refund? I feel they are not as described, because the size is not the same as (effectively) the same product bought there before.

    Reply
    • Aaron 2 August, 3:04 pm

      By the way, I must just add, these were the only shorts, the previous style was updated rather than being a different style. They would not refund me because they said it’s a different style so the size can be different.

      Reply
  • Liz 7 August, 7:14 pm

    I bought a re-conditioned laptop for my daughter from on-line company. When she switched it on it came up that several faults had been detected with hard drive then switches off! It came with a 3 month warranty, but after numerous e-mails and voice mails to the said company, I have had no reply from them. Payment was made through a money brokers with my Visa Debit Card. I have written to the company and sent it Registered Delivery.That was 3 weeks ago, still nothing !! Where do I go from here?

    Reply
  • Digital Angel 14 August, 4:28 pm

    You will be covered by your credit card company for this item because you purchased via a credit card.

    Report the problem to your card company, show them the evidence that you have tried to resolve the matter yourself and ask them to refund your money as the item is not fit for purpose. They might ask you to try again with your supplier. The credit card company will hold back paying the supplier the money you paid until the matter is resolved, this is called a chargeback.

    A chargeback should make the supplier pay attention as they will have the money you paid withheld and it will also be a black mark for them if they do not act to resolve your issue.

    If the supplier still refuses to assist, then in theory, your card company will refund the money.

    Reply
  • Loz_luke 14 August, 7:29 pm

    Hi,

    I won the bidding on a car on eBay. The bloke wanted £200 before coming to collect, as I was going the following morning I didn’t pay the £200. On arrival, I met the sellers brother (as the seller was working). His brother wasn’t very helpful, I had driven two hours and felt very pressured to buy the car. I had noticed a large scuff on the car, but he said it would polish out. I handed over £3200 cash, and then went to take the car. I still hadn’t signed anything, the seller hadn’t signed the v5 either. I got in the car, noticed the radio hanging out, went to move the mirrors and the handle was broken so the mirror couldnt be adjusted, then the car wouldn’t start. I decided then that this car wasn’t fit for purpose and I had been told it was a great car in great condition. I went and got the brother as the key was also stuck in the ignition, I didnt want to force it out and break it. I explained that the car wasn’t what he had sold on eBay and that I was no longer prepared to purchase the car so wanted a full refund. The brother got very agressive and refused to hand the full amount back, he gave me £3000 and was keeping £200 for his brother. Both the brother and wife got very aggresive and made both me and my partner (only 21 and 22) very nervous. We decided to get them to write us a receipt as proof that they had our £200, the brother and I both signed the receipt. We then left.
    The seller has contacted to say that he isnt prepared to give us the £200 back, what can we do? We can’t afford to loose £200 plus the £40 petrol the day cost us.
    Any advice would be appreciated!

    Reply
  • CS Manager 18 August, 5:47 pm

    Sounds like a lucrative business if you’re into sharp practices. Offer to sell a car via Ebay, ask for a ‘deposit’ and refuse to refund it when the buyer realises the car is a write-off! Re-advertise the car and so on…

    In this case you are going to find it very difficult to recover your £200 without recourse to a solicitor (which probably isn’t worthwhile). Sadly, you don’t have Paypal or ebay protection as you paid in cash and outside of their website. I would still urge you to contact Ebay though.

    Reply
  • Jackie 24 August, 8:15 pm

    I purchased a shed in Sept 2008 but due to weather conditions and personal reasons, I could not get it errected until April 2009. It was stored in the garage to prevent any damage occurring. Professionals erected the item and found numerous problems…parts didn’t fit, the wood was bowed and warping and the doors were too large. Unfortunately, the fitters had to work with what they had and make adjustments (we were paying for labour, so didn’t want it to take longer than necessary). On the next working day, we called the company we purchased from and have been told that due to the time between purchase and erection, they cannot do anything and because we had to modify it, it leaves the warranty (which was only 1 year) invalid. Since complaining, the roof had to be replaced, the floor leaks and the side panels have bowed letting water in. We have treated the shed numerous times with protective paint since it was put up. The company refuse to help. What can we do? Thanks.

    Reply
  • Jo 30 August, 2:28 pm

    I took out a mobile phone contract with carphone warehouse in November 2010 and got a Sony Experia X10 telephone. Around May time the phone wouldnt charge so it was sent back for repair, which was done at no cost to me. The phone has now broken again, same fault, but after being in the workshop carphone warehouse say they will not repair it as the manufacturer has said the fault falls outside their warranty and it is no economically viable to do so. I have only had the phone 10 months and am left with neither the carphone warehouse or Sony Ericsson taking responsibility and a contract that has to run for another 14 months with no telephone. Just wanted to know what to do next?

    Reply
  • lisa goldie 8 September, 9:59 pm

    well my fiance bought my diamond white gold ring out of chisholm and hunter (argyle arcade in glasgow which is meant to be famous for the best of the best). may i add this was ONLY 4MONTHS AGO!!!!!! now 2months ago i said to him the gold was starting to show through! and 2weeks ago the diamond fell out!!!!!!!!!!!!!! taken it back, still have proof of purchase, they sent it to head office to test it to see ‘if it was a manufacturing fault’?!?! last week they called to say its fine they have agreed to fix it free of charge and will take up till 8weeks to locate a stone for it. today i got a call saying i know have to pay £150 for it to be fixed as its ‘customer damage’?!?!! i take it off for sleeping, showering, i work in a call centre so it’s not like i do manual labour. i’m sure a ring that expensive is meant to have better quality! i have had £2 rings out of primark that till this day the fake plastic stones have not fell out in comparision to an expensive white gold diamond engagement ring that actually means something and is prescoius. anyone can give advice it will be much appreciated :-)

    Reply
    • CS manager 17 September, 2:42 am

      It’s very sad that your engagement ring is a source of angst rather than the happiness your intended, intended.

      I agree with you that the stone should have held in place for alot longer (years even). Unless they can show you the visible signs of “customer damage” then they should fix it without charge. During the first 6 months the onus is on the retailer to prove that it wasn’t faulty not for you to prove it was. Don’t they cate about their brand reputation. You should let them know that you have advertised their poor service and that unless they repair the ring free if charge you will issue small claims court/ sheriffs court proceedings against them pronto. Be prepared to do it though.

      Reply
  • Ray O'Donoghue 9 September, 10:07 am

    I bought a secondhand microphone on 7/9/2011 from a shop in Brighton for my karoake machine and when I drove home (12miles) it would not work on my machine despite using different leads so I drove straight back in less than an hour and told the shop assistant who informed me that it was up to me to make sure it was the right microphne in the first place. I asked him how could I know it worked until I tried it, but he insisted it was my problem. I told him that I had bought another micrphone from the shop just a few days earlier and it was fine. He informed me the micrphone I was returning needed extra power which I had not been advised about in the first place and basically it was my problem and would only give a credit. I argued but did not get any satisfaction. He offered me a cheaper microphone (£18) the one i had bought cost £85 and gave me a credit note for £65 which I did not want as it is unlikely I would buy anything from there. The microphone was not fit for purpose, but as I was not sure how to argue and if he refused to give me a full refund, what could I do? Perhaps you could advise me as I feel I am entitled to a full refund and never have such a problem in any previous purchase from other

    Reply
  • CS manager 10 September, 3:45 pm

    Sadly the seller is almost certainly right. It’s intended purpose and it may well be satisfactory as a microphone (although you have not been able to test that). The issue here is that it dies not suit the application for which you intended it. Even if you had mentioned the fact it was to be used as a Karaoke I doubt the retailer could be caught out on ‘competent service provider.’ Unless he has a returns policy allowing you to return goods with no quibble, you are not entitled to a refund, in fact he’s not obliged to do anything. I’d take the credit note.

    Reply
  • James May 14 September, 9:46 pm

    I have purchased a preowned ps3 from GAME however taking it home i relise that it makes a horrible fan noise unlike any ps3 i had before,it was clearly faulty as the fan was sometimes louder than the actual tv speakers.
    the heat the was coming out was also unacceptable,it was clear that it can cause a nasty acceident, so i returned it the store withing the same day of purchase and esplained the problem to be only answered with”its preowned its ment to be loud” after having terrable customer service the manger accepted to try it and check the fault himself, he did and within a minute he noticed it was faulty!
    i requested a refund as i am done with buying used consoles as they all tend to be faulty, however i was not allowed this as he said i have used the item :S …. what other way can i check it was faulty? it was preowned and i couldve easily lied to not using it!
    however the manager said that they have anthore used ps3 which would replace the faulty one..and i am not aloowed a refund but yet he says i cant take anything of the store with that money!!!! CLEARLY A RIP OFF!!!!! i took another used ps3 which unfourtently turns out to be fault and this is only a week after i still have 28 days which it sates on the recipt! may i ask am i eligable for a refund? do they have the right to do what they done to me?
    thank you!

    Reply
    • CS manager 17 September, 2:31 am

      As you had exercised your contractual right to ‘reject’ the goods and in good time, the remedy should have been if your choosing ie a full refund. If you come back a week later with the same scenario i would think that a replacement was satisfactory. In your case i would insist that they refund your money. If the local store refuses, refer the issue to their head office and be clear with them that unless they do give you your money back you will issue small claims court proceedings against them. It’s an easy on line process and don’t be afraid to use it. Most retailers will not want the hassle and will do the sensible thing!

      Reply
  • Mike Ashley 18 September, 1:24 am

    Hi,
    I bought a trolley case for £26.99 from a high street Sports retailer in July 2011. The case includes a rucksack part which, for ease when travelling, is attached to the case by zips but can also be detached and worn separately.
    I used this item for the first time this week but, on my return found the bottom of the rucksack had a number of holes in it. I returned it to the store today but was refused refund or credit and was advised that the holes have been caused by the rucksack being overloaded and dragging on the ground when wheeling the trolley – I don’t dispute the cause of the holes but the rucksack was not overloaded as it only contained a limited number of documents and did not have any stated ‘weight limit’. In my view this should not have happened on first use and the case/rucksack have a design flaw meaning they are not fit for purpose. The quality is also questionable – I did not expect this to last years for the price paid but did think it would last more than one trip! Under SOGA do you think I have a reasonable claim? Thanks in anticipation of any advice!

    Reply
    • CS Manager 22 September, 9:06 pm

      Hi Mike
      Take the trolley back with the documents it was loaded with previously and demonstrate the flaw. Whilst I don’t, however, agree that a weight limit should necessarily have been stated I think it should be able to bear reasonable weight without dragging.

      Reply
  • CS Manager 18 September, 2:36 pm

    Hi Mike
    Take the trolley back with the documents it was loaded with previously and demonstrate the flaw. Whilst I don’t, however, agree that a weight limit should necessarily have been stated I think it should be able to bear reasonable weight without dragging.

    Reply
  • David 20 September, 11:58 am

    I have sold a t-shirt to a customer, he is now claiming that it is too big for his son, so therefore wants to swap it. He is saying it is no fit for purpose.

    Being not fit for purpose doesn’t constitute size does it?

    I look forward to the response,
    Dave

    Reply
    • Tony 21 September, 5:16 pm

      Assuming he bought it in a shop he has no right to demand a change based on size, many shops do. If he bought it online he has seven days to change his mind

      Reply
      • David 22 September, 8:51 am

        Hi Tony,

        He tried on before he bought from us, agreed the size was ok and then purchased online.

      • CS Manager 22 September, 9:04 pm

        Hi. If he tried it on first he does not have the same Distance Selling Regs rights, so he’s not entitled to a refund unless you offer a returns policy. You know what? It’s a T-shirt and if it was me and the goods were resaleable I would do the exchange. It’s no skin off your nose and he and his damily might even come back and purchase again.

        However, if it’s a really ugly t-shirt and you’ve been trying to get rid of it for ages and you actually cheered when you posted it, stick to the no refunds!

  • CS Manager 22 September, 8:39 pm

    Hi. If he tried it on first he does not have the same Distance Selling Regs rights, so he’s not entitled to a refund unless you offer a returns policy. You know what? It’s a T-shirt and if it was me and the goods were resaleable I would do the exchange. It’s no skin off your nose and he and his damily might even come back and purchase again.

    However, if it’s a really ugly t-shirt and you’ve been trying to get rid of it for ages and you actually cheered when you posted it, stick to the no refunds! :)

    Reply
  • CJ 1 October, 10:16 pm

    Hi,

    I am 11 months into a 24 month mobile phone contract with Orange. For several months the signal in my house and surrounding area has gone so I finally phoned up to cancel my contract as I am not receiving a service. However, whilst informing me that a local mast was damaged a while back, and there was no indication that it was to be repaired the lady informed me that even though I am unable to receive signal in my house and outside, as I am able to use the phone away from home I am getting a service and therefore to cancel I must pay the remaining 13 months (non negotiable). She basically told me that if I want to use the phone, go where it works! I pointed out that I need my mobile at home, where it used to work, but nope, nothing and no one anywhere within Orange can cancel a contract, and that my contract states they cannot guarantee a signal anywhere (she says), especially inside.
    Surely, my mobile phone provider is not fit for purpose as they cannot provide a complete service. Please help as my contract is not cheap and I am loathe to pay 13 months to buy myself out.

    Many thanks,
    Chris

    Reply
  • john 3 October, 4:26 am

    I was thinking of purchasing a freestanding heavy punchbag. It is made in america but sold by uk company. on checking manufactures website it says the item comes with a limited 90day warranty. the product cost £270 pound so i would like to know what rights i would have if it broke after the 90 days as it is alot of money for 90 days

    Reply
  • Mike Ashley 3 October, 9:27 pm

    Hi CS Manager,
    Thanks for the reply. Went to a different branch of the store, calmy explained the problem (this time in my suit rather than jeans and t-shirt) and got refund (albeit as a gift card) – manager agreed item not fit for purpose. Just goes to show that if at first you don’t succeed – try again! Thanks for your help!

    Reply
  • Steve 5 October, 2:20 pm

    No claim from retailer but hairdresser should compensate fully as they created the fault, unless they claim you placed the hairpiece on wrong way round

    Reply
  • David 9 October, 1:43 pm

    Hi,

    I have a Iphone4 that is 40 days out of the warranty. The problem i have is that i cant talk to anyone during a phone call, but the mic is working fine as it allows me to record voice memos etc. I have took the phone to the apple store today and they confirmed that nothing has been damaged inside the phone and that everything seems ok but they couldn’t do anything else for me. I then called up my Three who i got the phone from and that am still in contact with, they also said they cant do anything for me but offered to fix the phone for a fee! I have said to them that under Fit for Purpose act that this should be fixed for free and that i cant be charged as i haven’t damaged the phone and the phone is faulty. Am i right to think that the phone should be fixed for free as i haven’t damaged the phone?

    Thank you

    Reply
  • Emma Thompson 9 November, 12:22 pm

    I purchased a bed in May 2010. Twice in the 1st year I had to call the company as the metal legs were bent. On both occoasions they fixed the frame. This has happended again – where do I stand? We paid a lot of money for this bed and it isnt fit for purpose!

    Reply
  • Amy 9 November, 9:12 pm

    hi there ipurchased an indiset fridge freezer. the fridge began to stop cooling after 6 months, comet sent an engineer. he replaced the thermostat. problem was not resolved. they sent out another engineer about one month later (finally). who put more gas in the fridge. this fixed the problem. it ran out of warranty so i took out extended warranty “just incase”. Then the same fault happened AGAIN. They sent another engineer who put more gas in it. it worked for a while. opened the fridge tonight and its stoppedcooling. this is a nightmare, they wont send out an engineer until next week. i have no idea what to do. any advice? its clearly not fit for purpose.

    Reply
  • Sarah 11 November, 2:58 pm

    A little help please!

    I bought an Asus Transformer tablet a few weeks ago after reading the reviews and gathering information. I believed that it would be fit for my purposes (word-processing, music/photography storage, general internet use). Having bought it from PC World where I went to get a real ‘feel’ for the product I have spent the time since trying to get the tablet to work as I need. There are apps to download and lengthy processed to navigate around and I am pretty savvy but this is not as user friendly as I’d been led to believe (as confirmed by the PC World rep). The in-built word processor doesn’t have all the functions I need and everything is just too difficult to use.
    I really need to get a refund or a suitable product. I fear the worst though as it is a fully functioning bit of kit, just not in the way I need it to be, supported by functions I require for my work.
    Please could someone tell me if I’ve got a hope in hell of getting a refund/replacement so I can arm myself for when I go and try to return it?
    Thanks!

    Reply
  • richard 17 November, 4:56 pm

    I bought a PC 6 months ago for £800 from pc world. I specifically asked for a gaming machine, and one which was possible to upgrade as and when necessary. I got it home and found I could only playy games on very low level graphics settings. Because of the problems I had with my previous pc, also from pc world, I decided to put up with it. I recently bought a new game, and by a re from pc worlds own admission, the graphics card and power s upply is not adequate. I went into store and they claim because I did Borg approach them sooner there is nothing they are prepared to do. worst thing is that when I look into replacing the components I find they are very difficult to source because of this type of low profile machine. AND even pc world do not stock the components for it. do I have any rights here at all/? Thanks.

    Reply
    • richard 17 November, 4:58 pm

      Edit. Excuse the shocking typos. I’m on a phone with strange predictive text habits. Borg indeed.:)

      Reply
    • CS Manager 22 January, 12:38 pm

      Difficult Richard if it’s not sold as a gaming pc. You could argue that the conversation formed part of the contract if sale but that’s difficult so long after the purchase. It’s so important that you ensure that goods do what the seller said they would as quickly after sale as possible. This pc is not fit for purpose but that could have been and was quickly ascertained. I hope you get it sorted but really this is a goodwill scenario because if the time elapsed.

      Reply
  • Jackie 21 November, 9:57 am

    I purchased a shed in Sept 2008 but due to weather conditions and personal reasons, I could not get it errected until April 2009. It was stored in the garage to prevent any damage occurring. Professionals erected the item and found numerous problems…parts didn’t fit, the wood was bowed and warping and the doors were too large. Unfortunately, the fitters had to work with what they had and make adjustments (we were paying for labour, so didn’t want it to take longer than necessary). On the next working day, we called the company we purchased from and have been told that due to the time between purchase and erection, they cannot do anything and because we had to modify it, it leaves the warranty (which was only 1 year) invalid. Since complaining, the roof had to be replaced, the floor leaks and the side panels have bowed letting water in. We have treated the shed numerous times with protective paint since it was put up. The company refuse to help. What can we do? It is only three years old! Thank you.

    Reply
  • Anthony 4 December, 10:07 am

    Hello , glad i came across this site as im having trouble finding out what my rights are when it comes to ‘ video games’ .
    I bought a brand new PS3 game recently called ‘SKYRIM’ , & it plays ok for 20 hours or so ( bare in mind that its a huge RPG game that would take at least 200 hours to complete fully ) but after 20 hours or so it became very laggy & stutterd all the time , & it gets worse & worse lag as your save file gets bigger & bigger & becomes so bad it becomes unplayable as its like a slide show .
    its been widely complained about on many gaming sites & especially the official SKYRIM forum , & even many gaming media sites have recognised & discussed the problem , the company who made it “Bethesda” have tried to patch it once already to fix the lag but failed , & this company has a poor track record for fixing this problem which has been present to various degrees in previous titles, although SKYRIM is BY FAR the worst for this problem as it cripples game play completely .
    its pretty obvious they knew about this problem but released the game anyway .

    anyway – long story short , i was wondering am i entitled to a refund from the game shop i purchased it from as the game is not fit for purpose, & i dont think its reasonable for me to pay 40 pounds & then have to wait an unknown amount of time hoping that they can fix the game with future patches ( which theres no guarantee they can ) .
    P.S .. i have had the game for 2 weeks now , i played it for 3 or 4 days before the problem appeard & then i waited a week for the patch Bethesda said would arrive the following week , but as i mentioned it didnt solve the problem .

    Thank you for any help you can offer .

    Reply
    • CS Manager 22 January, 12:32 pm

      Absolutely you are entitled to a refund as the game is not fit for its intended purpose. I surprised its not been recalled. I hope you have had a refund by now.

      Reply
    • CS Manager 22 January, 12:33 pm

      Hope you kept your receipt or some proof of purchase. No proof of purchase = no rights!

      Reply
  • PeterSwinscoe 16 December, 9:10 pm

    i HAVE AN XBOX 360 AND IT KEEPS SAYING OPEN TRAY. IT IS 15 MOTHS OLD AND THAT MAKES IT 3 MONTHS OUT OF WARRANTY. MICROSOFT SAY THAT THEY WONT HELP-, IS THIS FIT FOR PURPOSE?

    Reply
    • CS Manager 22 January, 12:26 pm

      This is a durability issue rather than fit for purpose. It should last longer that 15 months. It’s up to you to show that the fault was present when you bought it but was hidden until now. Check they we to see if it is a common fault and what the cause is. Can it be economically repaired? If not then you should ask for a partial refund – how long it lasted against how long it should reasonably have lasted. Ie it should have last 3 years (only my estimate) but it last only 15 months. 15/36 = 41% = a replacement or a 60% refund.

      Reply
      • CS Manager 22 January, 12:28 pm

        I meant check the web to see if it’s a common fault

  • Ben Ritchie 17 December, 5:41 pm

    I bought a cat water fountain (£50) but it does something to the water and she wont drink from it… they say I cant return because there is a small disclaimer somewhere in the shop that says “refunds cant be obtained without permission from a partner of the shop”

    I argued hard for 10-15mins but they wouldnt budge, even though they couldnt look me in the eye. Im sure this bollocks can anyone confirm please?

    Reply
  • matthew 18 December, 3:32 am

    Hello , i brought a flip camera from Argos today. It is exempt from there 30 day money back guarantee . When i play the clips i have taken using the flip , on my pc it is choppy but not as choppy on the flip . The sound is fluid but the picture is like supper 8 film :( not crisp like Argos says . Can i take it back ? Under ‘not fit for purpose’ As i didn’t want a camera that jumps from seen to seen . I wanted a crisp ,smooth flow , like i was advised and is advertised . The frames give stagger movement or just moves things instantly . I was told i can’t take it back unless faulty but i see it as ‘not working as it should/described ‘ . please help as i used it to record a birthday party and it was a good night but bad film of the time and allot of upset children Thank you .

    Reply
  • Mick Hill 19 December, 5:07 pm

    I purchased an automatic Rotary watch from a reputable High Street jewellers in July for £169. I noticed after 3-4 months that it was gaining about 2-3 minutes every 2-3 days. On explaining this to the shop the assistant told me that automatic watches are prone to losing or gaining up to 5 minutes or more a month!
    I would not have bought an automatic watch if they had explained this at the time or there was anything in their advertising literature or on their website explaining this. I would probably have bought a quartz watch, I have had quartz Sekonda watches bought from Argos for £20 that have kept perfect time for years. I have agreed that they send the watch to their Service Dept. where it is at the moment, to see if anything can be done, however because I am still within the 6 months when I first complained about this, if the fault is not rectified do you think I can say it is not fit for purpose? Also what recourse do I have if I want to change the watch for a quartz one of around the same price from them, or if nothing I fancy to have a full refund? Thank you

    Reply
    • CS Manager 22 January, 12:08 pm

      This is a degree of accuracy issue and not a fault. Automatic watches do tend to lose time. Mine loses around 3 mins a week (3 mins in 10,080 = >99% accuracy). There are no 100% accurate watches just some that are more accurate). You could argue that their ommision to provide you with salient information influenced your decision to buy to your detriment. Ie if they now say its a know issue they should have mentioned this. In all honesty I am not aware of a precedent here.

      Reply
  • Helen 22 December, 9:22 am

    I took my daughter to Russell and Bromley and they measured and fitted her shoes. She has been complaining they hurt so I took her to a local professional fitter who said they are the wrong shape for her foot, have no growing space and may cause further problems. I called and they said reeturn policy in sale is 7 days. But I said shoes too small. They said they could offer a replacement as gesture of goodwill but I may have to pay more. Am I entitled to a refund?
    Thanks

    Reply
    • CS Manager 22 January, 11:59 am

      Sadly I think not. This is a fitting issue. Because you can try on in the store it’s up to the buyer to ensure they are a good fit. You could try the “professional services” angle but to be honest I think the offer they have made is a good one.

      Reply
  • Sarah 23 December, 6:21 pm

    Hi
    I purchased a HP laptop on 13th November today it had total CPU failure. I have been offered a repair with a 7 day lead time also being told all my data will be lost.

    Have I got any recourse against the shop (Currys) as it obviously wasn’t fit for purpose?

    Reply
    • CS Manager 22 January, 11:29 am

      Damages for loss of data will be precluded by the warranty. It’s in the first six months do the law assumes the fault was present at time of sale. A repair sounds reasonable provided its done swiftly. I’m not clear if they are arguing this point but I doubt they will.

      Reply
      • CS Manager 22 January, 11:31 am

        That should be a repair at no cost to you.

  • Helen 19 January, 1:15 pm

    We purchased a tumble dryer 6 days ago, I only put 3 small items in for 90 mins and they were still wet when they came out, can I return this item to the shop under the description not fit for purpose

    Reply
    • CS Manager 22 January, 11:24 am

      If the item is faulty you definitely can. You have a reasonable time to inspect the goods and you can cancel the contract, demand a refund, repair or a reduction (obviously you wont want the latter). The issue here is whether it’s reasonable to expect the clothes to fully dry in 90 mins. Check what the manual says. My dryer takes 2hrs for a full, straight from the washer, load. If you think it’s faulty, tell them and make them prove otherwise.

      Reply
  • Ashley 21 January, 7:15 pm

    My parents brought me a playstation 3 for xmas which came bundled with battlefield 3 and the game has gone and got a small crack in the inner cirlce i tried to take it back to asda for a replacement and they said i’d have to give them the playstation 3 back aswel i asked why and they said because it was a bundle i just dont get it if i give them my ps3 back aswell i will lose over 100 hours gameplay

    Reply
    • CS Manager 22 January, 11:09 am

      Ashley My reply looks like a new comment. Let me know how you do.

      Reply
  • CS Manager 22 January, 11:08 am

    Technically they are right but what an awful service. Get in contact with their in store complaints team and suggest the radical solution that they open a bundle on the shelf and remove the disc. Then they give you the disc and return the kit and faulty disc to manufacturer. How difficult could it be to provide a good service? I keep escalating until they see sense. By that I mean, if you need to go to CEOs office do that but start with in store complaints/service, then store manager then Head office complaints etc. good luck. Avoid Asda in future – except for cornflakes etc.

    Reply
  • dap33 22 January, 5:15 pm

    bought battlefield 3 a PS3 computer game 7 days ago. One of the main features was the ability to communicate with your fellow soldiers, this feature is sadly not working. Which in a squad based tactical game is huge. There a couple of other server issues as well but the in game voice chat is the main one can i take the game back for a refund

    Reply
  • Joe Armstrong 4 February, 11:43 am

    Hello,

    3 1/2 years ago I paid £6000 cash for a 2006 reg Ford Mondeo.

    It currently has only 56,500 miles on the clock but the problem is 2 1/2″ holes have appeared inthe driver foot well where my heel settles above the clutch. I can see the road through them.

    I wear ordinary shes & trainers so do not understand how these holes have appeared on such a relatively young car and the use of modern metals and technology.

    What, if any, are my options?

    Many thanks for any advice you can give.

    regards,

    Joe Armstrong

    Reply
    • Cs Manager 4 February, 11:03 pm

      Unless you have some garauntees with the car from the dealership or the manufacturer, in all honesty Joe, you don’t have a huge number of options here other than getting the holes repaired. What does the manufacturers warranty say about perforations through rust? If the dealership isn’t interested try Ford directly as they may be interested as it sounds unusual. You don’t say how you purchased the car as car finance gives you some options. You could try raising a complaint via the finance provider. Good luck.

      Reply
  • Lucy 4 February, 5:50 pm

    I am currently on a 24 month blackberry contract with O2, I have 6 – 7 months of my contract left, however a few months ago my blackberry handset keypad stopped working so had to be sent off to blackberry for approx 2//3 weeks to basically see if it was my fault or a manufacturers fault, it came back as a manufacturers fault and so I was therefore issued with a new handset. However less than 2 months later my new handset has stopped working, so I was forced to go back to the store who have had to send it off yet again. I feel it is unfair that I have to continue to pay my contract when I am having to use a basic phone while my blackberry is being repaired, this particular blackberry has been known to have various faults and I know many others who have had to send their handsets off multiple times. I feel that this particular model of blackberry is not fit for purpose, is there any way apart from buying out my contract that I can try and get out of this? Many thanks

    Reply
    • Cs Manager 4 February, 11:14 pm

      Hi Lucy. Mobile contracts are not my strong point. Youve certainly been unlucky with the phones. Did you pay for the handset or was it free with the network contract? What you are entitled to should be made clear in the contract. If the handset is free you generally have fewer rights. Make a complaint to O2. Let them know how dissatisfied you are. I’d expect a big brand like that to recognise that it’s a poor service to have been so long without the handset you chose.

      Reply
  • Cs Manager 4 February, 11:02 pm

    Unless you have some garauntees with the car from the dealership or the manufacturer, in all honesty Joe, you don’t have a huge number of options here other than getting the holes repaired. What does the manufacturers warranty say about perforations through rust? If the dealership isn’t interested try Ford directly as they may be interested as it sounds unusual. You don’t say how you purchased the car as car finance gives you some options. You could try raising a complaint via the finance provider. Good luck.

    Reply
  • Lucy 6 February, 6:08 pm

    Hello, many thanks for your response, unfortunately I did not pay for the handset :( but I will make a complaint to O2 and see what they can do
    Many thanks

    Reply
  • claire hutchings 8 February, 1:37 am

    xxxxxxxxxxxxxxxxxxxxxxxxxxxx
    hi can anyone advise me on consumer rights?, i bought 2 MAXI-COSI TOBI CARSEATS nearly 2 years ago and both my childrens straps always come lose when im driving leaving them without their straps on. this started happening about a year ago. I have googled this problem and there are many many people having the exact same problem with this seat so its obviously a design fault!. I can not afford to buy new seats and these are suposed to last until they are 4 (they are currently 2), they cost me £195 each at halfords so a nearly £400 cost for something very unsafe? please advise thanks :-) x

    Reply
    • Cs manager 19 February, 7:41 am

      Reply is below. This forum doesn’t seem to allow a direct reply first time of trying. Maybe its not fit for purpose :)

      Reply
  • sharon 8 February, 8:54 pm

    hi bought a second hand car at xmas from a gargae with 2 months warranty, got it a little cheaper than asking price now the head gasket has gone , when i rang the garage they said that as i had the car cheaper i dont have the 2 mth warranty, they did not say that when i bought it, he said would have put it on the invoice if it was valid, there is nothing about it at all on there. i drive about 5 miles a day to and from work so not had much use out of it.
    many thanks

    Reply
    • CS manager 9 February, 8:39 pm

      Hi Sharon
      Your warranty will be a document that you should have a copy of. It will clearly state what is covered and over what period. Does it mention a warranty in any of the particulars of sale documents you have?

      Reply
  • CS manager 9 February, 8:19 pm

    Hi Claire.
    That’s very worrying. I would expect an issue like this to result in a product recall. You don’t say whether or not you’ve raised this with Halfords but that will always be your first port of call. Make sure you take a proof of purchase (POP) with you. No POP = no rights. Ok that’s not entirely true you may still have rights against the manufacturer if it’s a safety issue. Contact Halfords and mention the info you have. Ask them to check that there has not been a recall. Have you also checked the manufacturer website. Let me know how it goes.

    Reply
  • Phil Strolin 13 February, 12:31 pm

    Hi, I hope this is the right place to ask this question. 18 days ago I purchased a Samsung Galaxy Lite mobile phone from CeX,a large international buy, sell or exchangecompany. The phone was advertised and sold as an android phone. Using for calls, texts or internet is fine but because the software (firmware) is out of date it cannot be used for the android market. Having taken it to a Samsung service centre I have found out that it is not possible to update the software as there is not nor will be an update available.
    I returned it to the shop today to be told that it is a Samsung problem and as such it is not covered by their warranty and also as it is second hand I do not have the rights to return it. They said ‘the manager has made a good will gesture and will offer to meet you half way on another phone’. Can you please tell me if they are correct.
    Thanks in advance
    Phil

    Reply
    • Cs manager 15 February, 6:28 am

      From what I can see it was sold as an android phone and operates as one other than access to the market. It mY not meet the purpose you intended but unless that was an agreed requirement or an advertised aspect of the phone i think the retailer is right, sorry. Did it explicitly mention access to the market. There is an element here of product research but I have to be honest and say that as an iPhone user I have no idea whether the market is intrinsic to the android phone. I assume not as this phone doesn’t offer it.

      Reply
  • Guy 13 February, 12:49 pm

    Hi, I recently stayed in a hotel that was currently being refurbished, we had small issues with the room like lack of heating and other minor points but also we had an issue with an electrical safety issue. on the second night my partner wanted to have a bath to warm up from lack of heating, she ran the bath and a family member called from another room and chatted for ten minuets before my partner could get in the bath. I started to hear a banging noise and on investigation there was an extractor fan fitted directly above the shower unit on the ceiling approx 300mm above the shower head. This was shorting out through the steam and back into the fan, you could physicaly see the strong bright spark traveling through the air, needless to say i was furious that we were put in such a dangerous position, i have asked for advice from electrician friends and they have all said that a 240v fan can not be fitted there as it is against regulations. I spoke to the hotel and eventually got moved to a different room for the second and final night however this ment moving all of our things from room to room at nearly midnight and was a big disturbance. The manager was reluctant to cancel the payment for the first room i had to outright say that i am not paying for it but i also feel we should some how be compensated for being put in such a life threatening position. In the end i did not pay for the room that was an issue but paid for the second room that we were moved into for the last night. I am still furious with the hotel in question and would like to know where i stand with my consumer rights before i compile a letter to the hotel owner, if anyone could point me in the right direction it would be greatly appreciated.

    Reply
    • Cs manager 15 February, 6:21 am

      I understand from this that the first night was not charged but you paid for the second night in the new room. I think that’s the least they could do but probably ends your legal remedies. You should complain to the local council about the safety aspects and also search out some hotel forums to share your experience. You should definitely pen your complaint and be clear about what you actually want. Finally, name the hotel chain when you complain on any forum. We don’t fancy stating there now either.

      Reply
  • Josh Smith 13 February, 7:23 pm

    Hi,

    I got a Samsung Galaxy Tab 10.1 from Argos Direct last September and ever since then I have been receiving intermittent faults with it including it crashing, freezing, rebooting itself, shutting itself off, and continual lag! I have tried restoring the tablet multiple times yet the problem still persists. Updates from Samsung haven’t helped either as I still get intermittent issues with it that I believe it shouldn’t have!I’ve still got my original packaging and order number receipt etc and have phoned Argos who have told me to take it in store for them to possibly repair it. Is there any way I can just get my money back straight away as I believe since the date of purchase it has not been fit for purpose and I can’t be doing with all the aggro of repairing it and such?

    What am I covered with in terms of the Distance Selling Regulations also?

    Many Thanks

    Josh

    Reply
    • Cs manager 15 February, 6:14 am

      Josh
      I think you’re totally right. It’s not fit for purpose.
      Forget the DSR it won’t help here instead contact their complaints team and make it clear how unhappy you are with the service and you will not accept anything less than a full refund. Technically they can insist on your right to repair unless it would unduly inconvenience you. So if they say it’ll be away for several weeks tell them that’s not acceptable. Ultimately consider a small claims action if they will not provide a refund.
      Good luck

      Reply
  • JamesL 14 February, 11:59 pm

    Hi. I am in the process of moving to a new flat which is on the 12th floor of a high rise block. Virgin Media have told me that they can only move my phone and broadband and cannot offer me any TV services in the new property. If i decide to cancel my current contract will cost me £180 or to transfer the services they can provide for a charge of £87.99. If they cant offer me a full transfer over, should i have to pay the full transfer fee or does this constitute as being not fit for purpose?

    Any help greatly appreciated.

    Reply
  • Cs manager 15 February, 6:13 am

    Josh
    I think you’re totally right. It’s not fit for purpose.
    Forget the DSR it won’t help here instead contact their complaints team and make it clear how unhappy you are with the service and you will not accept anything less than a full refund. Technically they can insist on your right to repair unless it would unduly inconvenience you. So if they say it’ll be away for several weeks tell them that’s not acceptable. Ultimately consider a small claims action if they will not provide a refund.
    Good luck

    Reply
    • Josh Smith 17 February, 6:33 pm

      Hi,

      Thanks for that information. I took it into store today and had a right battle with them. First off, they couldn’t find it on their repairs database, so they had to phone Samsung who told them the unit was faulty and had to be returned to Samsung for diagnostics. I demanded a refund because it was sold to me not being fit for purpose, but after a long debate, Argos would only settle for sending it to Samsung for diagnostics. Nevertheless, I made it clear that I do not want a replacement nor repair, however, a refund. I pointed out also to Argos that until 12 months after purchase, the contract lies with Argos and not Samsung, so it is their responsibility to sort the unit, not Samsung. They have told me that it will take around sixteen days to a month for information on the diagnostics by Samsung, however, I did point out clearly to them that the fault is intermittent and cannot be forcefully replicated.
      Hopefully, they will contact me with the diagnostics and I will be able to get a refund, but what rights do I have to getting a refund if they do not allow me one? I know that after one month from today, I am entitled to a refund because the repair duration is an unreasonable and unacceptable length of time. Just wanting some advice on where I stand in terms of legality etc.

      Many Thanks!!!
      Josh

      Reply
      • Cs manager 17 February, 11:03 pm

        The SOGA makes no mention of an acceptable timescale for a repair just that you shouldn’t be unduly inconvenienced eg if it was a pair of shoes a few weeks might be fine, if it was your only tv a few days might not be acceptable (unless the retailer provided a suitable loan tv). However, the intermittent nature of the fault is an issue. The fault really needs to be demonstrable in some way. Let’s hope they find it.

      • Josh Smith 18 February, 9:25 am

        Okay thanks for that information. Yes, it does rely on the fault being replicate able. I have tried using other Samsung Galaxy Tab 10.1′s, for example the one in the Carphone Warehouse, and that had no lag at all! I thought the fact that the one I had continually shut off was serious enough. Just have to wait and see. Thabnks again.

  • Stacey Chote 18 February, 1:19 pm

    Hi My husband brought me a dress for 160 at Xmas and found that as I came to put it on it was torn in the side if the dress – seam had come undone? I haven’t returned it yet as I came to wear it first time at the end if January – am I able to get a full refund even though we are now in feb? My husband is too embarrassed to return it just in case he gets turned away – what is our rights?

    Reply
    • Cs managerS 19 February, 7:38 am

      Hi Stacey
      Technically the answer is maybe. You have a short space of time to “reject the goods” and cancel the contract. After that the retailer could opt to repair the dress. The issue is whether the fault was easily apparent through reasonable inspection and it’s so important that you act as soon as you find something unsatisfactory to preserve your right of refund. Is the tear something that is visible just by looking at the dress on a hanger or is it inside the lining. If its outside and detectable by a simple visual inspection I’d expect they will suggest tha.t it happened during wear. You are then reliant in whether the construction of the dress in someway contributed ie too little material at seams. So hard to advise on that but do take it back with your receipt or some other proof of purchase. Good luck.

      Reply
    • Cs manager 19 February, 7:43 am

      Reply is below

      Reply
  • Cs manager 19 February, 7:36 am

    Stacey
    Technically the answer is maybe. You have a short space of time to “reject the goods” and cancel the contract. After that the retailer could opt to repair the dress. The issue is whether the fault was easily apparent through reasonable inspection and it’s so important that you act as soon as you find something unsatisfactory to preserve your right of refund. Is the tear something that is visible just by looking at the dress on a hanger or is it inside the lining. If its outside and detectable by a simple visual inspection I’d expect they will suggest tha.t it happened during wear. You are then reliant in whether the construction of the dress in someway contributed ie too little material at seams. So hard to advise on that but do take it back with your receipt or some other proof of purchase. Good luck.

    Reply
  • Neilson Jones 27 February, 4:17 pm

    I recently bought an Asus Eee from an online retailer. The purchase process ended up as a nightmare, however I eventually recieved the Asus. My computor guy came round to check it out and assist with the set up, I commentated that it had taken an age to charge it using the USB port and lead supplied.
    He examined the boxed contents and found that there is no UK charging adaptor as the Asus was for the American market and so only has the US charger.
    I requested a UK charger but no reply so far, advice welcomed.

    Reply
  • ruth thomson 5 March, 1:21 am

    i bought my motor bike 18 months ago with 6months warranty still left,i broke down jan 23rd this year and basically it needs a new engine, the garage are still no further forward THEY ARE WAITING THE GO AHEAD FROM THE MOTO GUZZI Head office and so far had no reply from them i have not been offered a loan bike. I have been phoning the garage 2-3 times a week and still no answers,other than it MIGHT be ready by the end of march , do i have the right to ask for my money back or do i just have to sit and wait . PLEASE HELP.
    I have now been waiting coming up for 7weeks,

    Reply
  • Sam 8 March, 12:32 pm

    I bought a bed from a large catalogue/home shopping company back in January 2012. 5 weeks later, the bed frame snapped in half. I reported it immediately to the catalogue – was told that they need to send out a ‘qualified engineer’ to assess the damage. I made it clear at that point that the bed was not fit for purpose and of poor quality; I asked for a full refund of monies paid to date and for the bed to be returned, pendind the engineers report. The engineer turned up a week later, his report then whittled its way back to the catalogue company two weeks after that. I have had confirmation this morning that it is a manufacturers defect and they will send some parts out, with an engineer to follow to repair. I have already clearly told them I want the bed returning with a refund, but I am being told this is not an option because ‘the 28 day home approval period is up’. Where do I stand exactly with this?

    Reply
    • Cs manager 10 March, 8:19 pm

      Ignore the 28 days, it’s irrelevant but they do have a right to repair and to inspect the goods. They do not have is the right to leave you on the floor for an unreasonable length of time, so if this is your only bed they need to deal quickly and fix the problem. The two week delay for the report to reach them is shockingly bad. Could you go out tomorrow and pick up a new and similar bed? If so and you’re prepared to take small claims court action you could buy a new bed and sue for a refund on grounds of undue inconvenience. If there’d be a few weeks lead time in a new similar bed I think you’ll need to push for a speedy repair.

      Reply
  • Mark 10 March, 7:08 pm

    I bought a brand new washing machine from the co-operative electrical store in January and it has already broken down. I am covered by the 1 year warrantee for repair, but I just want it replaced with a new machine as it shouldn’t have broken down so quickly. What are my rights?

    Reply
    • Cs manager 10 March, 8:10 pm

      Hi mark
      You’re right it shouldnt have broken down so soon but Privided they do it quickly the retailer has a right to repair and you are not able to demand a replacement. You should not be “unduly inconvenienced” by the retailer exercising their right to repair. Nothing hard and fast on that but I’d say a week was reasonable in most cases.
      Hope this helps.

      Reply
  • Cs manager 10 March, 8:04 pm

    Ok

    Reply
  • dissatisfied Bremshey Customer 12 March, 1:32 pm

    If you can advise. I own a Bremshey elliptical trainer bought second hand through a private buyer on ebay, the purchase is now finalised and finished. Mechanically it is ‘as new’. It is exibiting a very specific clunking, which I have seen someone else also report on a seperate machine. I have identified the source of the clunking, and it appears the way the machine is manufactured and put together, is the reason for this clunking. So it is clunking due to bad design and/or manufacture. Do I have any options for this ? apart from try and liberally apply grease or WD40, many thanks

    Reply
  • Antonia 24 March, 9:09 pm

    Hi

    I treated myself to some new makeup today from Boots. When I returned home I opened the cellophane wrapper on the Max Factor mascara and the wand inside was as dry as a bone. It is clearly not fit for purpose, though on the receipt it states cosmetics cannot be returned. Where do I stand? Also, I wanted a navy colour and the label said ‘deep blue.’ When I asked the sales advisor she said it was a navy colour, though the little colour I see now is more like black! Clearly I was also misadvised. Any advice appreciated, thanks.

    Reply
  • Simon 26 March, 6:10 pm

    We have a laptop which was purchased back in 2007. The laptop still works fine, and for all intents and purposes there is nothing fundamentally wrong, however over the last year or so the back cover of the screen has fractured around the hinges and is getting progressively worse – my guess is that soon it will break off all together. Since it is around 5 years old now, is there anything I can do? It hasnt been damaged but has broken through use (i.e. opening and closing the lid, which is making it worse).

    Reply
    • CS Manager 30 June, 5:12 pm

      Simon

      YOur rights don’t extend to faulst arising through wear and tear. You’d be hard pressed to prove that is a manufacturing or an inherent fault. The old girl seems to have given you great service. Let her go peacefully when the time comes.

      Reply
  • Matt 27 March, 10:17 am

    I bought a Samsung S7800 Freesat+ HD recorder from Comet.
    I have had the product for just under 6 months and i feel it is not fit for purpose as you have to keep factory resetting it to view the recorded programmes, this is annoying as you have to then re-enter your details for programmes you want to record.
    I contacted the store for a refund but they say i can have an exchange for a set top box of the same value or store credit, Surely as this is not fit for purpose i am within my legal rights to get a full refund. I have complained to the head office and they agree with the store. I contacted Samsung who said that they would put a code on my account allowing the store to refund me but the store is not accepting it.
    What do you suggest i do? Am i right in thinking im legally allowed a refund?

    Reply
    • Not a real name 10 June, 11:43 pm

      You’re not entitled to a refund due to the duration you’ve had the product. You have a reasonable amount of time to reject an item as being not fit for purpose – six months is far too long. Legally, the company has a responsibility to give you a working item to the specification you paid for and for the duration of the warranty agreed upon when purchased. Where I work, we’d take the item for repair and it would be back with you in a few weeks. Feel lucky they’re offering you a replacement or substitute!

      Reply
  • Alison 5 April, 12:49 pm

    Hello I purchased a autotrail motorhome. During discussion with the sales manager I made it very clear that we wanted to use the motorhome in the alps for ski-ing holidays and also paid at the time to ensure it was prepared for the extreme temperatures by fitting the full winter package. We also discussed that we had changed to a bigger water heater on our previous caravan and we’re told by the salesman that the combi would be sufficient. Since purchasing this we have had numerous faults, lack of heat, lack of the correct amounts of water to shower, lack of water to do dishes while the heating system was on at the same time. We have tried to suffer the motorhome at different heating temperatures to allow time for the water to heat up. More often than not faults kept showing on the combo water and heating system. We have returned the motorhome to the supplier who have not found any faults and who have also sent the combi back to the manufacturers who also stated the combo was working properly. I picked the motorhome today and the service manager was left to tell us that that was it there was nothing found. We are now at the stage were we do not know what way to turn next.This combi is not fit for purpose and I believe we have been missold this and its not fit for purpose. What can we do from here? Please advise.

    Reply
  • Lee Gibson 6 April, 7:22 pm

    I purchased a 24 month contract with o2 in August 2010 for an ihone 4. It has recently developed a fault whereby the ‘lock’ or ‘power’ button at the top of the phone has begun to get stuck down. I visited an apple store to speak to one of their genius tech employees who basically said “yeah there’s nothing we can do about it apart from replace the phone for £120!. I find this absolutely disgusting i haven’t dropped the phone or misused it it anyway yet through no fault of my own and due to the manufacturers gaurantee running out i am being asked to spend an extra £120. I took out a 24 month contract and expect the product to last for the duration of that contract. Is this phone ‘fit for purpose’ as it has developed the fault before the end of my contract? do i have any legal right under the consumer act to demand a replacement & who should i speak to about this o2 or apple? please advise thank you

    Reply
  • Keri 15 April, 5:31 pm

    My friend bought a baby chair 6 weeks ago that has become unsteady and she feels is not safe for her 7 week old baby.
    When she bought it, it was on sale at £45 from £70 but the shop no longer do this particular model and will not replace it with the current model (available for £70) unless she pays the difference. Instead they have given her a £45 gift card until she can afford to make up the difference.
    Is this right because we thought they would have to replace it?

    Reply
    • CS Manager 20 July, 11:11 am

      You don’t have a right to have the new upgraded product at the price of the old product. At the very least it is rubbish service – this is a safety product for a child for goodness sake!!

      In general, when you purchase something in a sale, not only do you purchase the item but you also “purchase the bargain”. If an item becomes faulty a shop cannot offer to replace it with the same item but ask you to pay the difference after the sale has ended (ie the price now the sale has ended). The problem here is that it isn’t exactly like-for-like as the other product is obsolete. If you could find that exact item elswhere you could but it and make them reimburse the difference. She was entitled to a refund rather than a gift card though so I hope she chose the gift card rather than having it forced on her.

      This is an example of really poor service rather than your legal rights being ignored. I would have at leaset met her half way.

      Reply
  • Paull Holme 17 April, 11:21 am

    My elderley relative bought a 2nd hand car from Evans halshaw. It soon became obvious there was a major fault and was returned to Evans Halshaw. They said they was nothing wrong with the car. After 3 months it was returned for inspection at the end of the warrenty period, initially they refused to inspect again. Eventually they did a report, which we got sight off, confirming there was a major fault but Evans Halshaw still denied it and would not let us see the report.

    After many more months Evans Halshaw have accepted the fault.We have agreed buy back would be best for all but can’t make progress. 12 months on…..Worried about the car we have finally left with Evans Halshaw but they refuse to accept responsibility for it.

    Evans Halshaw want to pay the book value for a private sale, we want the trade book value so we can buy the same car again ie like for like. The difference is £1000. We are in real trouble not having a car and it is costing us a lot getting around.

    Any thoughts?

    Paull

    Reply
  • Simon Pearson 9 May, 3:06 pm

    Hi there,
    My Samsung fridge freezer broke after 3 years and their customer service agreed to fix it free of charge since I was able to prove it was a known issue. I did this by searching the net and sure enough other models had a problem with the defrost mechanism – this affected the cold water unit. So they fixed that problem and a year later also came back to fix the cooling tank which had broken and started to leak as a result of the first problem.
    great customer service for me, but you do need a receipt to prove date of purchase.
    Hope that helps

    Simon

    Reply
  • john patterson 19 May, 4:14 am

    hi i bought a panasonic 50 inch plasma from littlewoods catalogue on the 1st of feb 2011 it has been fine up until 18/5/2012 it has now developed a thin purple/blue horizontal line from top to bottom ive phoned littlewoods who have told me that as its over 12 months old i have to contact the manufacturer and see if there willing to help me out they also said i might have to pay out of my own pocket to get an engineer to look at it b4 panasonic will do anything i have searched the internet and loads of people are complaining about panasonic plasmas developing this fault or a very similar 1 could you advise me on what i should do and if what there telling me is correct thanx john

    Reply
  • Kassie 3 June, 12:06 am

    i recently purchased the samsung galaxy s2 on contract from o2 uk and it was working fine i use it for texts calling and listening to music and the 3.5mm jack has malfunctioned i cant listen to music would this be a case of not fit for purpose or just a brush under the carpate job for the company if you get what i mean

    Reply
  • Not a real name 10 June, 11:36 pm

    The contract length has nothing to do with the duration of the warranty. A car with finance for 10 years may not come with a 10 year warranty, for example. If it’s outside the warranty, then you’re out of luck.

    Reply
  • Welshwood 19 June, 10:02 am

    Hi, I purchased a Saab vehicle from Lex Auto lease on the 28 October 2011. Part of the attraction for me was the vehicle came with a 12 month warranty. Two months ago I had a problem with the electric drive motor on the driver’s window. Lex advised me to take it to a local garage and the motor was replaced under their warranty at no cost to me. Last week my power steering failed, I contacted Lex and they advised me again to take it to a local garage for inspection and if possible to avoid a main dealer due to costs. I took my vehicle to 3 local garages but they were unable to diagnose the fault so I had no option but to take it to a Saab dealer, I contacted Lex and advised them of this and they gave the all clear to proceed. Saab inspected the vehicle and found the steering knuckle had seized and the power steering fluid was contaminated with water and metal filings. Lex initially refused to pay for the repair as they said it was wear and tear. I argued the point and they have sent their own engineer down to inspect the vehicle in the Saab garage and discuss with the Saab engineer. My question is that if Lex still refuse to pay for the repair can I claim that the vehicle they sold me was not fit for purpose? Lex claim that all their vehicles are serviced prior to sale and as I have only done 4000 miles since purchase. As far as I’m concerned the power steering is a major component to the vehicle’s safety and could have failed on a motorway or when my children were in the car. Please help

    Reply
  • Lynda Green 24 June, 7:50 pm

    Hi I bought a brand new Outwell tent at the end of August last year. I used it for the first time on 1 June this year. Much to my horror I found that one of the seams wasn’t sealed properly and that there was two small holes in it (we did have a few puddles). Upon my return I have contacted my supplier and have been told that as we purchased the tent last year they are only willing to repair the tent not replace it. Where do I stand.

    Reply
    • CS Manager 30 June, 5:05 pm

      Hi Lynda
      I’d take them up on that if I was you.

      Reply
  • Deborah Beeston 30 June, 4:20 pm

    Hi There, my husband bought online an all in one motorcycle suit that states on it that it is waterproof. However the first day of wearing it it leaked, he contacted the company the same day and they arranged for a courier to pick it up. after a week he had an email saying that they have tested it and have a video of it being jet washed and say they have found no leaks,the description is stated as being ” seams all sealed for total waterproofing…with a waterproof breathable membrane that adds double waterproof protection…and an insulated liner for when its colder” the seller is saying you need to have the insulated liner in to make it waterproof..not according the the manufacturers though…and anyway it is summer not winter….the manufacturer claims it to be a four season suit…it looks like they are drgging this out and are finding excuses to refund the £450.00 any advice please…just for the record they never actually tested this suit on a motorbike.

    Reply
    • CS Manager 30 June, 5:04 pm

      Hi Deborah
      The test performed is not reasonable (in fact it’s almost comical) since a human body will create pressure on some of the seams which could result in leaks. I do hope that they have independent testing other than an employee sparying water on it without a body inside. Ask them to produce this. Advise them that you intend to have the suit idependently tested and when it does leak you will take small claims court action against them to recover the original cost plus the cost of any tests. Alternatively get hubby to wear it again and photgraph the evidence yourself. A court would find that compelling I am sure.
      Let us know how you get on.

      Reply
  • CS Manager 30 June, 5:03 pm

    The test performed is not reasonable since a human body will create pressure on some of the seams which could result in leaks. I do hope that they have independent testing other than an employee sparying water on it without a body inside. Ask them to produce this. Advise them that you intend to have the suit idependently tested and when it does leak you will take small claims court action against them to recover the original cost plus the cost of any tests. Alternatively get hubby to wear it again and photgraph the evidence yourself. A court would find that compelling I am sure.
    Let us know how you get on.

    Reply
    • Deborah Beeston 2 July, 9:32 pm

      They are saying that there was someone in the suit and he did not get wet…am i right in thinking that although they might think this is a fair test, it’s not quite the same as wearing the suit while sitting on a motorbike at 50mph for 20 miles,in the rain and that is where the problem lies they didn’t do that. they are also saying that the suit would be less likely to let water in if it had the removeable liner in… this is also advertised as a four season suit with a removeable liner for the warmer weather..while we may argue that this is summer, there is no way you can use the inner liner when it is warm, rain or no rain…surely if the suit is advertised as Waterproof and there is a permanant label on it that says it waterproof then that is what it should be…My husband only wore this the one day and phoned them immediately about this, so i feel we have done everything that is expected of us and they seem to be either trying to avoid refunding our money or just dragging it out so we just let it go, at £450.00 that isnt going to happen…Thank you for your time and advice
      Kind Regards

      Reply
      • Cs manager 2 July, 10:37 pm

        Apparently it’s waterproof so “less likely to let in water if it had the removeable liner” sounds like an admission it might otherwise leak to me. They cannot sell you something extra in order to achieve what they claim is already a product attribute!

        I agree with you that it’s not exactly like for like test but it may have some validity if the man was on a bike when sprayed. Again standing will not create the same seam pressure that a biking position would achieve. Can I recommend hubby wears again in the rain with his best light grey cotton tshirt and you then produce evidenc that it does leak. Other than that it’s hard to know how you can demonstrate the fault. Do ask for their evidence to support the waterproofness of their product. Also search other consumer sites for the brand and product. Other leaky suits supports your claim.

  • karen pace 30 June, 11:18 pm

    A relative who lives in Barnsley, Yorkshire (we live Willenhall, West midlands) purchased an Olympus vg-120 camera for my christmas present last year (23/10/11). Whilst using this camera whilst on holiday at the begining of June the screen kept on going black with silver fuzzy lines across it and we could not use it. checking the camera the following day it was ok. This has now happened several times on different occasions without warning.
    We asked the relative to send us the receipt so that we could take the camera back to the retailer Argos.
    Argos have now said that even though we have the receipt they can only send the camera off for possible repair not replace it as we are outside their 30 day guarantee (their receipt also says that this item is exempt from 30 day guarantee)
    This repair could take 15 working days (3 weeks)but is usually quite a bit longer according to their employee. I explained that i cannot possibly be without a camera for that period of time because we foster animals for a branch of the RSPCA and regularly have to email pictures of the animals with a written piece about them so they can be advertised on the RSPCA website so they can hopefully find a new home.
    I liked the camera and was willing to pay any difference if the same camera was not available but need a reliable camera not one that works when it wants to, or one that i won’t see for weeks because its been sent for repair. Their attitude was abrupt and quite frankly “so what.”
    What can i do???????????

    Reply
    • CS Manager 20 July, 10:57 am

      Hi Karen
      I suspect all with have been resolved here but given that you would be unduly inconvenienced by this repair they should either have replaced the item or provided you with a loan camera to use in the mean time. If they agreed that it was an inherent fault that is.

      I’m not sure what this 30 guarantee is. It may give you better rights than the law but it certainly can’t negate their responsibilities in law to provide you with a product that is fir for purpose and free of minor defects. However, given the purchase is over 6 months old it would be up to you to show that it was an inherent fault and not just a fault.

      The law does recognise that things that are manufactured will develope faults. It is not a cast in insurance that what you but won’t become faulty only that it will not have faults that are caused by poor manufacture/design etc. I think as consumers we sometimes forget this.

      Reply
  • Colin 11 July, 4:29 pm

    I bought a new caravan in febuary 2011 since taking delivery i have had over 30 warranty issues it has spent more time in the dealers workshop than we have had holidays in it!! it is currently back there again having more repairs!! one repair now means we have to remove water seals from the sunroof whenever we occupy the van and replace when in storage so that rain cannot enter when the wind is in the wrong direction!!e have campained for a replacement van or full refund all to no avail surely this caravan is NOT FIT FOR PURPOSE can anyone out there help please.

    Reply
    • CS Manager 20 July, 10:49 am

      Colin
      It’s time to go to the mattresses. Issue them with a letter that advises that unless they fix all of these issues once and for all that make their product unusable or replace the van with one that wasn’t made by the company trainee on the first day of his apprenticeship, you will issue court proceeding against them to recover the original purchase price from them. List all of the dates that you have been without the van and the issues attended to. Demand compensation in addition to a fix or replacement. If only we had a proper US style Lemon Law in this country!
      Hope that helps.

      Reply
  • Kevin 13 July, 11:08 pm

    In October 2011, I purchased an Icecrypt T2400 PVR from Superfi via the internet. The box arrived promptly and worked well for the first few months. The main reason I bought this box was because it could export recordings via USB (my 92yo mother is deaf and can only watch TV with subtitles so I use the USB stick in her TV so she can watch progams which are normally on too late for her). About March the export of recordings to USB began to slow down (used to take around 4mins per hour of recordings but this slowed to 10-15 minutes and often required the box be turned off then on to get it to do anything). I contacted Turbosat (distributor) who said to send the box in for service – this I did at a cost of £16 for insured parcel delivery. They kept the box app 3 weeks and sent it back following a call to me saying they had fixed the problem by installing a replacement (they didn’t say new – I strongly suspect it wasn’t) main board and updated software.

    Within a day the box was failing to complete recordings and repeatedly showed a ‘No Video’ message. After a Power Off/Power On, the box would work for a while and then repeat the fault. I rang Turbosat who, amongst other things said they had also seen a ‘No Video’ message before sending the box back but were unable to replicate this. I indicated that I wanted the box fixed but didn’t think I should have to pay another £16 to send the box back. I was then told that as this was ‘a new fault’, Turbosat would not cover the cost of returning the box. I asked to speak to the manager but he was on leave and returning the following week. This was 3 weeks ago and I haven’t been in touch with Turbosat again because of some health problems at home. The box has now stopped working altogether and, now that I am able to speak to Turbosat again, would like to know my rights before I call them.

    Reply
    • CS Manager 20 July, 10:44 am

      Hi Kevin
      Superfi are the retailer here. GO back to them and get them involved. If you paid using a credit card you could also get the card company involved if the retailer won’t play ball as you have a credit agreement on the item. My advice is don’t waste time with the distributor, the retailer will have more clout with them as a big buyer than you do as a consumer and in any case it is the retailer and not the manufacturer/distributor who is responsible here.
      Rgds

      Reply
  • Kenneth 17 July, 11:14 am

    In October 2010, I purchased a FREEVIEW Digital TV Recorder from ASDA in readiness for the digital switchover. For no apparent reason it now fails to record TV programmes. According to the “Sale of Goods Act” I have protection for up to 5 years, therefore is it in order for me to ask for a replacement as the goods are not fit for purpose?

    Reply
  • Brian 24 July, 10:17 am

    I purchased a log cabin in 2009 and it had a felt roofing cover.

    It has now leaked and caused some staining on the inside. I wasn’t aware the felt had a short life span and now wish the supplier to rectify the problem. Is this ok?

    Reply
  • David James 1 August, 11:02 am

    Hi. In January this year my club purchased a number of storage lockers for our members to keep the equipment in. These were advertised on line for security and storage. Intruders gained access to our locker room and opened every locker by pulling on the securing padlock. We have approached the suppliers/manufacterers who are attempting to absolve themselves of liability by saying that entry was gained to the lockers be the use of excessive forces.
    Inour view because of the manner in which entry was affected they were defective in design and therefore not fit for purpose. I would appreciate you comments.

    Reply
  • Damian Hardy 15 August, 7:58 pm

    Hey, I purchased a motorbike that has had many problems within the first two weeks.

    Here’s the problems -
    3 days after purchase my front indicators stopped working
    7 days after purchase my gear shifter fell off
    13 days after purchase one front head light stopped working, the battery died, the horn wont work, the back indicators flash too fast, the battery wont hold a charge any more.

    Anyone have any comments about this please? =]

    Reply
  • Chloe 14 September, 10:08 pm

    Hi I got a bag for a present and do not have the receipt. The bag i have the zip is burst and I tried returning it to swap for the same bag with a better Zip. I was then told in store that the bag i have is on sale and they don’t have any more of that color and offered me another colour of the same bag, this other bag is not on sale. They then told me I have to pay £15 for the bag which is the same as the one i returned but a different colour Is this right ? can someone help me!!

    Reply
  • Karin 21 September, 9:04 pm

    Hi I wonder if anyone can help, I had ordered a mattress for my disabled daughter from Paul Simon I took receipt of the mattress yesterday when we got the mattress to the bed it did not fit the size was a normal single the problem is we have a study bed that folds up and locks to then give us the desk. The bed will not close up and lock. Hadn’t realise that the new mattress was as big (depth). I phoned the company to ask for exchange not refund as my daughter who is suffering with bad back pain is still in need of her new mattress suggested by great Ormond street to help alleviate the pressure. I explained all this but the lady said that the mattress was made to our specifications so cannot refund. It’s a £349 single sleepeezee mattress no different to any other not shaped to my daughters contours!!!! I realise my mistake not to check depth but could they exchange on the ‘not fit for purpose’ I have today emailed the head office hoping that as a goodwill gesture they may exchange the new unused mattress. Can anybody help or know about this matter?

    Reply
  • Christine Parr 3 October, 1:08 pm

    Back in July, I ordered a trial kit from Dead Sea Kit of a three piece beauty kit (day cream, night cream and eye gel). At the time I was not informed that this was not a one-off purchase and consequently a month later another kit arrived. This time it was charged a full price. At that time, my husband cancelled the order but to our surprise, a month down the line another kit has arrived, even after cancellation and at the full price. The ironic thing is that I cannot use the kit as it does not suit my dry skin.
    I would like to know who I can contact in order to ensure that these kits are cancelled and what rights I have as a consumer. I was definitely not informed that they would be sent on auto delivery and on looking, I am not the only lady to register a complaint concerning this company. We have all been conned by this company and wish to know what can be done.
    Many thanks.

    Christine Parr (Mrs)

    Reply
  • cathy 6 November, 2:43 pm

    purchased a wardrobe from argos,had fitted by carpenter after a week one of the doors came off in my hand feel on my foot and broke my toe argos replaced with a different wardrobe,asked them to look into the faulty wardrobe as i think compensation should be paid to myself they saying there wasnt any fault which i dont believe is true,they dont want to know they dont even have a copy to give me of the manufacturers finfdings as its sent be email,i think this is so wrong.

    Reply
  • Tim I 24 November, 10:41 pm

    Back in September 2012 I brought a iPhone 5 on contract with 3 mobile. On the 24th nov my phone fell off the sofa (which is a foot hight) on to the carpet. It cracked the screen. I have been told by apple it will cost upto £249 to repaire. I have spoken to lots of people all who say the same the have cracked their screen and its been very small drops onto carpets of soft furniture. Would this mean the screen on the iPhone are not up to standard and therefore not fit for purpose?

    Reply
  • Claris 29 January, 3:23 pm

    Hi I purchased a dress mid last year and have recently tried to send this back to the mail order company. The dress is in perfect condition and never been worn however. The company have a 28 returns policy for refunds against orders

    When I purchased the dress a sale item it was the correct size however I have since lost weight the dress is now too big for me. Am I able to have a refund against this dress as it is no longer fit, would this now be classed as not fit for purpose and therefore be able to be returned?

    Reply
  • GILBERT WOODS 3 February, 8:37 pm

    I HAVE A KODAK PRINTER PURCHASED IN AUGUST 2012 FROM CURRYS.
    THIS STOPED WORKING ON THE FIRST DAY, BUT WAS REPLACED THE FOLLOWING DAY.
    NOW THE MAIN START STOP BUTTON HAS STOPPED WORKING, THERE FOR IT CAN NOT BE USED. IT HAS BEEN RETURNED TO CURRYS.THEY STATE IT COULD BE THE INK CARTRIDGES I HAVE BEEN USEING. HOWEVER IF THESE INK CARTRIDGES ARE THE CAUSE OF THE FAULT, WILL I BE ABLE TO CLAIM FROM THE INK CARTRIGE COMPANY, FOR CAUSING THE FAULT.

    Reply
  • Mrs J Brooks 15 February, 4:01 pm

    Hi
    I purchased carpets in feb 2011, and had it all carpeted though out my home. I explained to the shop that the carpet is going in high traffic areas and bedrooms would it be suitable, he said yes! the carpets were professionaly fitted, and the shop refered me to a gent called Paul. I explained to the shop i need carpets that are going to wear well. There is three adults who live in the house alone. No one is allowed with their shoes onto my carpet. I noticed around 5 months ago my carpet was develeping ripples in it not just the livingroom one but the hall and the bedroom one. I have had my carpets cleaned over 12 months ago. I asked the shop to look at the ripples, they sent the carpet fitter and they said they would send the rep out to look at it also. When the carpet fitter looked at the hallway carpet. He said its been over wet and the fabic has come away from the carpet base leaving ripples. He pulled the carpet up in the hallway and there we saw it wet. I found i had a leak from my bathroom and this is why my carpet in the hallway was wet. I said so the carpet in the livingroom and the bedroom are the same problem as hallway, an that the lining has come away from the pile leaving ripples, he agreed. I also said, all my carpet which was laid only just two years ago has not worn well, thus its not been fit for its purchase. He didnt look at the lounge carpet or the bedroom one. He didnt comment about fit for its purpose. He went back to the shop and told them the same as we had discussed. I rang the shop 15th Feb and stated i was still waiting for the rep to come and look at my carpet. He said he would speak with the carpet fitter who came out first. He rang me back and said what i had told him what the fitter said about the water. I explained to him that i found the leak and accepted that the reason for the ripples on the hallway was down to that. I said i will was not happy because i didnt think my carpets had worn well enough for the amount of time ive had them and the cost. He said its the carpet cleaners fault and they carnt do anything more about my complaint.
    Where do i go from here?
    I did ask him who manafactured it and he said for me to come to the shop and look for myself who it was. I asked him about the manafactures so i could ask their advice also about the wear of the carpet and was it fit for its purpose. An was it acceptable to have my carpets cleaned once in two years?
    I do not want to go into his shop because of the dispute. It sounds like hes washed his hands with me now.
    Help?

    Reply
  • Helen chance 26 February, 11:32 am

    Hi we bought a Roberts dab radio in December as an Xmas gift for my father, after only a month the top antener broke, rendering the item useless. The independent retailer we bought from say that it is upto Roberts and their manufacturers to deal with the problem. On contact they stipulated that the antener is not under warranty and is reparable subject to charge!
    Now here’s the gripe, little over a month did he use it, with caution, only for football on weekends and the odd night match, not had access by children and placed safely back in box when not in use!
    I’m sure if wear and tear was an issue over 2-3 years one wouldn’t mind paying to see another few years of quality service? Yet our reluctance after a month of careful use is questionable. Roberts are claiming it’s a chargeable repair, yet the shop claims total ignorance?
    We are yet another squash ball hitting numerous walls with little success! Please help h x

    Reply
  • Bryn 1 March, 9:23 pm

    My wife recently bought, from EBay, an 8′ trampoline net surround. When the weather had dried up,about two weeks form delivery, we tried to fit the net but found it was too small to go around the trampoline as required. We contacted the seller who asked if we had a: fitted it correctly & b: if we had tried to fit it “upside down”. Yes we had fitted it correctly & no we would not try to fit it “upside down” as it was designed to hold shoes in a purpose built shoe pocket which would be useless if fitted upside down!
    Am I correct in thinking the net is not fit for purpose as it was advertised as fitting an 8′ trampoline but clearly will not fit our 8′ trampoline?

    Reply
  • mary 23 May, 7:56 pm

    hi, i purchased a mobile phone payg and just over the 6 months period it completely bricked and wouldnt turn on or work again.
    i contacted samsung and they agreed to repair it, when it was returned to me the screen was smashed.
    it was sent off again to them for further investigation and to claim costs from the courier (samsung paid for the return costs and arranged the courier)
    samsung did not contact me back at all, so a week later i rang only to find out my phone was lost in transit, they agreed they would contact head office and ask for a refund which they said i was entitled to since it was lost in transit
    they also said that a replacement issue had been raised and depending how far this was through i may be able to get a refund, they also said on the same day they needed to get the courier to accept the loss of goods first, which didnt make sense
    the next day i recieved a replacement phone which i did not open, i contacted them and they told me i would probably not get a refund at all now because i had accepted the phone, and i told them i had no idea a phone was being sent to me so how could i refuse the delivery when i did not know it was coming, they said they would contact head office again regarding the refund
    i then got a further phone call after complaining again about no call backs telling me samsung do not issue refunds, but i had a phone before and was given a choice of a full refund as they could not repair it or a replacement or another phone from their range
    samsung have not bothered to contact me at all regarding anything happening with my phone and i thought if they were going to send a replacement that they should have had the ok from the customer first
    can i ask if i am entitled to a refund at all ?

    Reply
  • Xander 18 July, 9:54 pm

    Hi, i purchased a dvd as a gift for a relative’s birthday a few months ago from my local Asda. Upon learning that she already owned it, i returned it, unopened, factory sealed and with receipt and explained to customer services, asking for a refund. I was refused and told i had to swap it for another dvd. I explained that i did not want another dvd and asked why they don’t give refunds. I was told it was just policy. I asked for store credit instead and was refused. I was told i had to swap it for another film then and there. After 20 minutes of arguing, i was given a store credit, apparently as a ‘gesture of good faith’. Upon complaining to management i stated that i am aware of the crackdown on piracy but surely when you can see there is a genuine scenario and the item is still factory sealed i’m entitled to my money back or store credit at the very least? They replied saying ‘regardless of the scenario they offer a once only swap and that’s it’. Surely this can’t be right?

    Reply
  • Craig Maguire 29 July, 12:08 pm

    I have purchased an ARNOVA 7GB tablet from asda i paid cash and lost my receipt. i opened the tablet when i got home and it didnt work still doesnt work and never has worked! it cost me £100 and they will not replace the item for me due to an internal policy for proof of purchase. i have tried to explain to them that they can check CCTV or the bar code on the item and still will not replace the piece of plastic i was given instead of a working tablet! please do not buy one by the way. anyone got any advice for me at all?

    Reply
  • Tony 1 August, 4:56 pm

    In May this year I purchased a tablet from Atab Electronics in Manchester via the internet. After using the tablet for a couple of months, during which time we were very pleased with the purchase, we were shocked when, for no apparent reason, the screen cracked. The tablet has only ever been used by my wife and myself, and only ever in accordance with the instructions supplied. Repeated emails to the company have always been dealt with in the same manner – “It’s not our responsibility” or “We have had no similar problems reported”. All this despite quoting the Sale of Goods Act 1979 to the seller. What are our rights regarding this problem?

    Reply
  • Davinia 3 August, 1:47 pm

    I bought some clothes for my partner but they did not fit, he was with me at the time of purchase but there were only two changing cubicles in order and a third being used as a cleaning cupboard. It was a Saturday and the queue’s were eextremely backed up. I went to the till with my partner and said upfront of the cashier but to my partner that we’ll just buy them and just get a refund if they dont fit. At no point were we corrected by the cashier to say we would only be allowed a exchange or credit note. I would argue that the items were not fit for purpose as he cannot wear them nor can an exchange be done as it was their largest size that did not fit him, the manager insisted I was not entitled to a refund and that I would just have to accept a credit not or go away.

    Is he in the right?

    Reply
    • CS manager 4 August, 2:42 pm

      You actually have no legal right to return a product unless its faulty. Outside of that your rights are governed by the returns policy of the retailer. Your conversation with your partner doesn’t result in you gaining a right to a refund even if it was heard by an employee who failed to correct you. I’d take the credit note.

      Reply
  • CS manager 4 August, 2:40 pm

    You actually have no legal right to return a product unless its faulty. Outside of that your rights are governed by the returns policy of the retailer. Your conversation with your partner doesn’t result in you gaining a right to a refund even if it was heard by an employee who failed to correct you. I’d take the credit note.

    Reply
  • M Cooper 7 August, 12:24 pm

    Eighteen days ago I bought a mobile phone on 24 month contract, the salesman recommended the 24 month plan and claimed it was the best for me. At the time of the sale I told the salesperson that I lived abroad for six months every year, so he was aware of my situation . I now find that the free calls, texts and data usage cannot be used outside the UK, so effectively I am paying for a two year contract on which I will only be able to use one year. I am fully prepared to pay for the full amount of the phone, maybe even at a premium price, however I feel I was mis sold the contract as it was in no way suitable for my situation . Could I expect to have the contract cancelled and just buy the phone outright.

    Reply
  • Steve 12 August, 10:34 am

    My son bought a new 125 honda motorcycle in Oct 2011 which had a 2 year warranty.On the 24th April this year the engine blew up and the bike was taken to a different dealers to do the repair under warranty.

    It took them 12 weeks and us sending threatening letters to the repair garage and Honda UK before the bike was returned. After another week the bike broke down again and was again returned to the garage that did the original repair. They took another 4 weeks to get the bike back to us but it is still in the same state. We took it to the original dealers who confirmed that it was not road worthy.

    My son has now been without a bike for 4 months on the 24th of August. We do not feel confident in taking this bike back, how do we stand in requesting a replacement bike or money back.

    Reply
  • Rachel 13 September, 3:34 pm

    I purchased a pair of jeans from a well known high street shop for £42. Upon the second time of wearing them the belt loop ripped through the supporting material. I returned them to the shop within a month of original purchase explaining they had only been worn a couple of times and not even washed and asked for a refund. (I was able to supply the original tags and receipt to demomstrate how recently they were purchased. I was advised by the shop that due to the number of returns for this reason they now had a policy not to refund or exchange for this reason because it was the customer fault for using belt loops to pull up jeans. My argument that was not accepted was that I would have expected the goods to stand up to a reasonable amount of wear. If they had so many returns for this reason requiring this policy it also suggests to me a design fault. They refused to change their position.

    Reply
  • philip carlton 3 October, 7:41 pm

    I bought a Acer Lap Top from PC World on August 28 2013. On September 29 2013 the laptop would not fire up. 2 weeks of this time I was away in London so did not use the machine.I returned the machine to the shop and after looking at it the assisant thought it was a fault with the hard drive and the machine would have to be repaired and there would be a charge of 50 pounds.I protested at this and after consulting his manager there would be no charge as it was still under the manufactures warranty.I will be without the machine untill next Thursday.Could I have demanded a new machine as the newness of this?

    Reply
  • Paul Andrew 15 October, 7:24 pm

    I bought a second hand car in January 2013 from a repair and mot garage. The car has suffered numerous problems since then but 10 months on the gearbox has failed and it needs to be replaced. I need to know if I need to pay for this or is it up to the garage? the problem has been there since about two weeks after I bought the car but never told the garage as it always went into reverse but now it does not.

    Reply
  • laura murphy 14 November, 10:44 pm

    I purchased a Playstation 3 just over a week ago and then purchased the call of duty game a couple of days later. I was put the game on and it requested an update. The next evening I put the PS3 on and I have been banned and the console banned. I only did what the game requested with running an update, but Sony are saying I did something illegal. I have my receipts for the console and game and I’m sure if they checked the console they would see nothing illegal has been put on there. After calling customer services I am getting more and more frustrated as they refuse to help in are pretty much calling me a liar.

    what can I do now they have banned the console it is no longer fit for purpose as that was the only reason for its purchase.

    please advice what consumer rights I have on this.

    Reply
    • Gee 14 December, 12:24 pm

      Well from what my son said they can only ban you from making new account on black ops any other game just make a new account I’d and everything should work fine .

      Reply
  • Gee 14 December, 11:35 am

    HI all well o am just a mum , I bought a PS3 game chair for my little boy main christmas present 4 days ago from Argos after taking home registering it with website on the box then spoke to x-rocker customer services I was informed that the wireless adapter I was requesting is no longer available to purchase in the uk I only got this item on the strengh that I could get this adapter. On the reciept it says excempt from 30 day gaurantee. But it’s not fit for what I purchased it for and apparently it at the managers dicgressionwhat can I do please xx

    Reply
  • liz green 3 February, 3:48 pm

    I have had a 3 piece suite for 3 years yesterday it collapsed/broke in the centre of the seat. I think maybe a manufacturing fault its hardly been sat on, we sit on the chairs only sat on if we have company.I contacted the shop today was given a number for somebody to look at it at my expense, but I would have expected it to last longer than three years. I look forward to a reply.is it fit for purpose

    Reply
  • dawn 7 February, 2:49 pm

    I bought a car 2 weeks ago as it was under 600. I paid 500 it has no warranty. It has broken down an i get my money back it has been giving me problems the 2 weeks i have had it.

    Reply
  • Peter Knight 24 March, 6:21 pm

    I wasted my time driving 85 miles to view a Motorhome which was unfit to use because of a broken down fridge. Should it have been advertised in this state?
    Regards
    Peter Knight

    Reply
  • Dan 1 April, 8:51 am

    I bought a moped off a guy who owns a garage it was December time by the middle of January it stopped working completely it didn’t start was given false promises where do I stand ?

    Reply
  • danny 14 May, 10:43 pm

    I purchased 2 hearing aids from a private dispenser , he was aware that I had tinnitus in one ear, which over 20 months has increased the tinnitus & causing headaches, therefore making the aids impossible to wear. I have tried to claim £1400 back from the company as not fit for purpose, they have said I had 28 days after purchase. Therefore SoGA, fit for purpose does not apply, threatened them with court action, the response was a phone call to say they would win & I’d end up paying their fees.
    any one got any ideas of a way forward ?

    Reply
  • Donna Butcher 20 May, 9:11 pm

    I purchased an electric recliner corner unit and chair from Harvey’s on 08.01.14, following being given 2 delivery dates and the third of the 02.05.14 which was when I received the goods and upon them being installed I noticed that when reclining the chair and the corner chairs that the did not clear the wall as my old sofa, bought from DFS roughly 10 years ago, did. We went for another electric recliner as we only have a small living room and it worked for us previously. As it is, in my mind, not fit for the purpose it was bought for, would this come under the Sale of Goods Act, not fit for purpose? Looking forward to comments as Harvey’s are now refusing to take it back and refund my deposit.

    Reply
  • Angela Levell 10 June, 5:56 pm

    Bought a cooker from Argos in January, had engineer out 3 times, had an important heat safety duct missing. This should have been fitted at production apparently. Also had a new ignition pack and an fst fitted. Last out at it yesterday, switched on tonight and oven still not lighting. Called argos who say will book another engineer out. Lost all faith. Could I be entitled to a refund. Not been able to use oven since April, fed up. Thanks in advance

    Reply
  • Jason smith 23 June, 12:25 am

    I have use the downstairs shower maybe used 10 times in 6 years. The glass door slid off the pivot hinge last week and the company wants to charge me a service fee as it it out of warrantee. Is it reasonable that i am claiming the hinges for the glass door are not fit for purpose? or am i being unreasonable?
    Jason

    Reply
  • Ali 4 July, 5:31 pm

    I got a phone on the recommendation of the guy in Phones4U last week, however having used it the camera is rubbish, which is annoying as my sole requirement was a great camera as this is my main use other than texting and ringing. I’m happy with contract provider I just want to change the phone to one that will suit my needs. When I went back to store to do so the manager was quite rude and said they can’t do anything about it! Please may someone tell me if I can change the phone or cancel whole deal!?

    Thank you

    Reply
  • Kevin Beasley 21 July, 1:21 pm

    I recently bought a 2013 VW Sharan from a local VW dealership, which didn’t have the roof rails. I asked the salesperson about this as I need to fit a roof pod for going on holiday, and she said there would be no problem to get a roof rack system that utilised the door recesses.
    Since then, I have rung the VW main office and several suppliers of 3rd-party systems, all of whom have told me that there is no roof rack system for that model/year. I have also been advised that having the roof rails installed now is a long and expensive job, as they need to strength the roof (something to do with the structural integrity, which is done in the factory as part of the build if it comes with the roof rails, apparently).
    Given that I made the point that I needed to be able to fit a roof pod, does this mean that the vehicle is “not fit for purpose”?

    Reply
  • TJS Dunn 28 July, 7:04 pm

    I have bought a garden shed, which was assembled by the company, about 13 months ago. They advised on site/location/cement slab area and location, and when their assembly team arrived they said “not suitable needs adjustment” which we then organised. The assembly team gave us a phone number to let them know when amendments had been completed, but it seems they did not tell the company and when we needed to contact them again about inferior components/installation issues, they said “assembly has been already completed”?

    During the 2013/14 winter we noticed water ingress issues, but needed to wait for summer and drying out to occur before we could address the problem. Only then did we find that a mass application of sealant held much of the shed together!! Although reluctant to do so I set about correcting some of the problems, only then to be faced with the fact that the door window was undersized, by a margin which allowed me to insert a paint scraper between lower glass and its nearest wood base below?? No rebate whatever had been provided, only sealant to use as a gap filler and and fixative!!!!

    On contacting Skinners Sheds they have hidden behind wood shrinkage as the issue, a challenge which I have told them is utter nonsense as is their contention that their conditions of sale protects them!

    I have sent them photographs and a letter as well as emails, but they have only been prepared to offer a free door which I need to collect from their factory and fit myself!

    Customer service from Skinners Sheds = ZERO.

    Anyone else out there finding the same experience????

    Reply
  • Lucy 29 July, 1:04 pm

    I bought a laptop back in January but it won’t run the Sims properly, meaning it crashes and the laptop tells me it is because of memory problems, even though I specifically asked about using it for that in the shop, and the battery life is terrible and has been from the beginning even though I told the sales person I needed it for school. Would I be able to return the laptop as it is not ‘fit for purpose’? (I still have the receipt and original packaging.)

    Reply
  • Kelly 30 July, 4:51 pm

    Hi I bought a car from a car garage on Monday and noticed by Tuesday when driving that it seemed to be miss fireing and when setting off there is a loud squeaking sound I exsplained to the sales man befor buying the car that I need it for work as I work in the community with vunrable people so I need a car that reliable on when I test drove the vehicle there was hardly any petrol in it so only test drove for roughly 5 mins I today took the car back to the garage as of the faults and also asked if I could change the vehicle for a diffrent one at roughly the same price as the car I bought isn’t really fit for purpose due to the problems Iv had with it since Monday they have agreed to fix the problems but I’m wondering legally where I stand if I want to change the car for a diffrent one thanks any advice is much appriciated regards kelly

    Reply
  • Lottie 3 August, 8:24 pm

    My husband and I bought a Toyota verso in October 2009 for his business car and 3 months after the three year warranty ran out the turbo went, we contacted Toyota they basically said they would only pay £700 towards the £2700 bill to fix it. We sent a letter asking the CEO to consider reimbursing us as we had no money and my husband had only just started his business they said no, we sold the car in nov 2013 at a loss as we were so concerned we may get other issues now I,m wondering if it’s to late for us to be compensated under any consumer law?

    Reply
  • Jason 14 August, 2:40 pm

    Hi there please help we purchased a brand new caravan in April this year where within the first month we have picked up defects jn the manufacture. Like the bed did not work as the slats fell out units not built level. The windows on the front are all curved diff to each other and now we have noticed that there is a patch on the out side of the van. Apparently this is where it has been scratched on the line and made good before we bought it. I have written to the dealer and listed all the the faults and rejected the van but they say it has to go back for repair. It has already been repaired before we bought it. Can i insist on a replacement

    thanks

    Jason

    Reply
  • Grace 22 August, 7:36 pm

    Hi,
    I have an engagement ring from a well known high street jewellers which has bent. It has only just gone over the 6 months period now but I noticed the fault a month ago and have not worn it since but has took awhile for my boyfriend to get around to fixing it. It was sent out from their store to be fixed but we had to pay for this. It has came back as ‘unfixable’ and they now won’t exchange as they say it’s customer damage. I have only done everyday things and even take it off at work incase it clicks on the clothes. I believe it’s caught easily as it was too big. They sized it for me and when I went back with my concern I got told that due to it being winter my fingers were smaller. This is an engagement ring it’s meant to last for life and hasn’t lasted 6 months!
    Hope you can help me

    Reply