Sale of Goods Act 1979


All consumers should know about the Sale of Goods Act 1979 (SoGA) as it provides consumers with protection when making purchases, whether buying on the internet, over the phone, via the shopping channel, by mail order or on the high street.  In our experience at whatconsumer.co.uk, we have found that consumers cannot rely on retailers to behave in a lawful or honourable way, so it is important that you understand this key piece of consumer legislation, the consumer rights that it provides, and what remedies there are to resolve problems when buying goods.

In summary, the Sale of Goods Act provides three statutory rights:

  • The seller owns the goods and can sell them.
  • The goods are of satisfactory quality.
  • The goods are ‘as described’.

It goes on to describe the remedies that are available. In summary, these are:

  •  A repair.
  •  A replacement.
  •  A refund.

The retailer will usually offer the remedies in this order. These remedies are a big source of confusion and many consumers expect a full refund or a brand new replacement leading to a large number of complaints on the whatconsumer.co.uk  forum. This is often due to retailers, such as Marks and Spencers, who have a returns policy that exceeds their statutory obligations and sets consumer expectations very high. One thing that surprises some consumers is that a refund can be partial taking into account the usage and age of the item and a replacement can be of a similar age i.e. not brand new.

There is more confusion in some particular circumstances and when other consumer legislation becomes relevant. For example, when goods are bought with credit, on the doorstep, over the internet and via auction, such as on eBay. The following whatconsumer.co.uk guides will give you a deeper understanding of the Sale of Goods Act and what you need to be aware of.


Your Statutory Rights

And if your statutory rights are broken:


Leave a Comment

341 comments… add one

  • Gary 30 November, 4:27 pm

    Moved into a new house in May 2007, after completion one of the first things we had done was to get a gas fire and surround fitted. Had no problems with the gas fire (with electric ignition) until Friday night just gone when fire tripped the electric in the house and I was unable to reignite the fire. I called the company I bought the fire from yesterday and explained what happened. They called me back to advise to try a 13 amp fuse in the electric socket for the fire (even though the fire has worked with a 3 amp fuse without any problems for 18 months). They advised if this didn’t work they could send someone out but this would cost me £100 as I’ve had the fire for over a year or I could contact the manufacturer of the fire to try to resolve. I tried there suggestion of a 13 amp fuse and the fire worked again, until I tried it again later last night and it tripped the electric again (this time with a loud bang!). Do I have any rights regarding Sale of Goods Act as I would expect a fireplace to last longer than 18 months?

    Thanks in Advance

    Reply
    • Lindsay Clanahan 4 March, 10:50 pm

      NB. Do not put in a higher fuse than is indicated.

      If rated 3A, putting in a higher value fuse may be dangerous.

      Reply
  • Liz 25 February, 3:54 pm

    I have bought a sofa – purchased from a shop via credit card. The sofa was not designed for me but was made specifically for the purchase. However, on taking delivery of the sofa, I have realised it is completely unsuitable for my home.

    I have contacted the company but they refuse a refund because the sofa is not damaged in any way, and because it was manufactured for the purchase. The sofa (and accompanying chair) cost £900.00.

    Are there any circumstances in which I can ask for a refund? The furniture is still in wrapping and has it tags attached.

    many thanks

    Reply
  • Catriona 27 February, 12:51 am

    Liz, I’m afraid not. The only way you will get a refund is if the sofa is faulty. Because it was made to order, you will be lucky to get even an exchange but might be worth a try.

    Reply
  • nhcrawford 5 March, 3:11 pm

    We paid £954 for a Samsung LCD television in May 2007. In January this year the television stopped working and we used a Samsung recommended repairer to repair it. We were told that the fault was with the main board which was subsequently replaced at a cost to us of £271. We were also told that the fault could not have been caused by anything we did. We have contacted Samsung for re-imbursement but they aren’t interested as the television is outside of the 12 month warranty. We feel that we have a claim under the Sales of Goods Act as you would not expect to pay this amount on a television, only for it to stop working 20 months later. Is this correct and should we pursue the claim with Samsung?

    Reply
    • Aaron 1 May, 12:11 am

      I’ll just correct myseklf. 12 months is the period in which a fault first develops. As long as you initially reported the fault within 12 months, you can use the SOG act. Outside of that time, the law does not automatically cover you.

      Even a brand new car is not covered for more than 12 months, although manufacturers routinely give a three-year warranty as an add-on. This is not a legal requirement.

      Reply
    • pol scot 9 January, 3:30 pm

      avoid anything made in south korea- lg, samsung etc. the quality control just aint there yet. i cant say where i work but i can say that i often see buttons showing wear, feel plastic casings flex, see sockets slightly out of alignment and speakers that rumble or crackle when turned up – all of it on “value for money” korean products. i had a customer complain about his £800 42inch lg lcd- the picture wasnt as good as his old sony and the new lg had 600hz scanning etc but when sat along side a sony bravia it looked like there was something not right about it. i sold him the product but was trying to steer him towards a smaller and more expensive product while his head was being turned by the big numbers on the lg and so was his wife. lg got the sale but i ended up with an aggreived customer who could see that his football was now a bit blurry during fast action. personally i dont believe that lgs 600hz stands comparison with a 200hz set from sony, panasonic, phillips etc. value for money is about far more than price point alone.

      Reply
  • Catriona 5 March, 9:57 pm

    nhcrawford, You are correct, the TV would be expected to last a good deal longer than that without fault, and you certainly shouldn’t have had to pay out for a repair yourself. The warranty is irrelevant, you have a statutory right to expect durability under Sale of Goods. The problem is trying to get your money back now. The usual procedure is to return it to the supplier who will foot the bill, rather than dealing directly with the manufacturer. However, if you were able to get a written report from the approved repairer to say it was nothing you did, then you would have a good claim against them. Give them reasonable notice to pay or threaten them with the small claims court.

    Reply
  • McPhee 27 March, 10:03 pm

    I bought an LG LCD Television last year which has developed a fault. I no longer have the original receipt and the shop it was purchased from has gone out of business. I have contacted LG who claim they cannot get hold of the parts to repair it and are completely unwilling to replace it without the original receipt. I was told by one of their customer service duty managers that they would replace it, they are now sticking to their policy that “without the receipt there is nothing they can do”, but they will try to find the parts to repair it out of “good will”. There is a label on the back of the TV which states “manufactured February 2008″.

    Am I entitled to a replacement from LG??

    Reply
  • Catriona 1 April, 1:14 pm

    McPhee, Your contract existed between you and the retailer, and you need the receipt to show that this existed. If however you paid on credit or debit card, your statement will do just as well. If you have the guarantee and have registered it with LG, then you won’t need the receipt. It seems a little harsh that LG will do nothing, but I’m afraid without proof of purchase, they are not legally entitled to take any action.

    Reply
  • Ann 1 April, 1:43 pm

    Could anyone please help. I visited a furniture store in Peterborough in January and after sitting on various 3 piece suites, ordered 2 recliner chairs and a 2 seater settee in leather. It was delivered last Friday (27 Mar) and immediately I sat on it and found it so uncomfortable that the thought of sitting on it for the next 10 years was out of the question. I contacted the store on Saturday and explained my problem. I have had a letter from the Manager today (Wednesday) who says that there is nothing they can do. I would like to return the suite even it means paying a 20% cancellation charge but it doesn’t seem as if I can even do this. It seems most unfair that if I had ordered over the internet or telephone I would be have been entitled to 14 days to try it out before returning it but not if bought direct. If the suite in the store had been that uncomfortable I would never have ordered it in the first place and it is almost like distance selling as I didn’t actually sit on the suite that WAS delivered.

    Reply
    • Aaron 1 May, 12:03 am

      If it is that uncomfortable it should fall under the not “fit for purpose”, and you should be etitled to your choice of refund or replacement.

      If the store are denying that it is uncomfortable, then it is more tricky. The best way to tackle this is to get them to agree that it is uncomfortable, without letting on that you are going to use their agreement on that one point against them. Throw it in as an aside, but get them to agree. You could say something like: “I realise you have a store policy which I disagree with, not to refund just because of how it feels to sit on, but you must at least admit that it is really uncomfortable. If you won’t refund for that reason, (can you confirm this as I’m not sure?), what are the reasons you would refund?”

      If they reply with something like “That’s right. We cannot refund just because it is uncomfortable. There must be a clear fault in the manufacturing. You had the opportunity to try out the display set…” etc.

      Then you can initiate stage 2, which is to threaten taking that letter to court with you. If they have agreed it’s uncomfortable, on record, then you’ve got them. Fit for purpose – a sofa = comfort. Most judges should agree with that.

      Reply
  • David 1 April, 7:11 pm

    Hi
    I have just bought a pressure washer (2 weeks ago) and have assembled it and read the instruction booklet fully. When attempting to use it I found that it wouldn’t work! I’ve tried the usual – with/without extension lead etc. I have the receipt, but have destroyed the packaging (cardboard box/polystyrene packing etc, so I wondered if they can insist the packaging is there, or be awkward about this, when I ask for a replacement?
    Many thanks.
    David

    Reply
    • Barry 10 July, 1:33 pm

      Hi Dave, if the product is faulty they should have no problem exchanging it. If they are insistant on the box then why not let them have the new box? I work in store and thats what we do so we can send it back safely, most customers dont want the packaging anyway.

      Reply
  • Catriona 1 April, 9:00 pm

    Ann, are you sure it wasn’t just a little stiff because it was new and hadn’t been sat in very much? I’m afraid there is nothing you can do unless the sofa is faulty, and even then the shop are only obliged to repair or replace it. In any case the distance selling regs (and your 7 day cooling off period) don’t apply to sofas which are made to order (which most are). You would only get this if it was a display model which was for immediate delivery.

    Reply
  • Catriona 1 April, 9:07 pm

    David, this is a good question. Although shops often request original packaging, they cannot refuse to accept something on this basis. To do so is a breach of your statutory rights. As long as you have all the bits and pieces and proof of purchase, the shop is obliged to replace the faulty item for you

    Reply
  • Jonathan Marsh 2 April, 3:56 pm

    My wife has bought a second hand vehicle and unfortunately I could not inspect it before the purchase. Upon bringing the vehicle home we noticed that the engine management light was on, it had been covered with a sticker! I immediately contacted the dealer and he admitted to me he put the sticker over the light to stop it shining in the driver’s eyes. He told me he was going to take the bulb out! He informed me that no error were codes were being shown on the diagnostic equipment and would not except that there is a fault with it.
    I then inspected further to find the vehicle is a cat c insurance right off. the air conditioning has been crushed and a pipe snapped and hidden up inside the engine compartment, SRS air bag light does not come on when turning the ignition as it should do when completing a pre check, he replaced the windscreen before the MOT and it is the incorrect one it does not allow for heating which is standard on the vehicle and light which failed the MOT has been pack up with cardboard.
    My wife is obviously very upset that the dealer never informed her of these defects when she asked about the general condition of the car. Lessons learnt and we now know how to advoid this situation again but would I be covered under the SOGA?

    Reply
  • Roy 2 April, 8:09 pm

    I recently purchased a telephone/fax/answering machine from a charity shop and found that certain functions do not work. Obviously I bought it in good faith expecting to be able to use all features. They have refused to refund my money. How do I stand under the Sale of Goods Act? As a charity, are they treated any differently to a normal retailer of goods?

    Reply
  • Catriona 2 April, 10:49 pm

    Roy, any firm or individual who is acting ‘in the course of a business’ has an obligation to provide you with an item which if of good quality, fit for purpose and durable. A charity shop is a commercial trader and must therefore fulfil your normal statutory rights. Having said this there is the recognition that second hand items will not perform perfectly, and if you were to take it to court, this would be taken into account. If the item generally fulfils its purpose you would probably not have a case, and would be advised to ask for a reduction on the purchase price. It depends which features are not working, how it was sold and how much you paid for it.

    Reply
  • Catriona 2 April, 10:51 pm

    Jonathan, yes, absolutely, as long as you bought it from a dealer and not as a private sale. See:
    http://whatconsumer.co.uk/buying-a-car/ for more on second hand cars.

    Reply
  • Jonathan Marsh 3 April, 7:39 am

    Catriona

    The terms and conditions state that “The purchaser accepts that they have been given all oppertunities to inspect the vehicle to their complete satisfaction and have been given the oppertunity to have the vehicle inspected by a third party of their choice”. Will this affect my claim under the SOGA. We have also found out the air bags have been removed. The advert stated Drivers air bag and air conditioning both of which do not work. We bought it from a dealer.

    Reply
  • Catriona 3 April, 10:04 am

    Jonathan, Sale of Goods states that the seller won’t be liable for any faults which a pre-purchase inspection ought to have revealed. If these are faults which were obvious from a cursory examination of the car or a brief test drive then you probably won’t have much come-back. However if they could not have been noted from the opportunity you were given to inspect then you can claim poor quality (taking into account the recognition that it is second-hand). You could also claim elements of the car were not as described – as stated in the advert. This is another of your statutory rights. If the dealer is unwilling to deal with you, threaten to take the matter to the small claims court to recover the money you paid. Be advised however that the max you can claim through the county court will only be £5000.

    Reply
  • Nicola 7 April, 9:35 pm

    I wrote back in March regarding our Samsung LCD television that stopped working after 20 months. We are still trying to claim back the cost of repair and are now in contact with the Retailer. They have asked for a diagnostic report from the repairer in order to consider the claim. We have now received this from the repairer who has said that the fault was ‘probably down to wear and tear’. Should this make any difference to the claim? Surely a television shouldn’t stop working after this amount of time even if it was in constant use (which it wasn’t)?!!

    Reply
  • Catriona 11 April, 7:16 pm

    Nicola, Regardless of why the TV is breaking down, Sale of Goods makes reference to durability which gives you the right to expect items to last for a reasonable amount of time. Less than 2 years isn’t reasonable and you can rely on this. Give them 14 days to provide you with a repair or a replacement (at no expense to you) or you will recoup your costs via the small claims court.

    Reply
    • Aaron 1 May, 12:07 am

      You only have 12 months. Anything beyond that is up to the manufacturers discretion. The term may vary in other European countries.

      Reply
      • Paul 18 August, 3:06 pm

        “The seller shall be held liable under Article 3 (Rights of the consumer) where the lack of conformity becomes apparent within TWO YEARS as from delivery of the goods.”
        Ref: DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of May 1999
        It seems to me like no one`s bothered in the UK and even the biggest market brands are either lying to their consumers on purpose or are not aware of all of the applicable law in the UK and EU. Almost wherever I come to shop there is a unlawful policy applied for returns etc. (TK Max, Comet, Choice, Sports Direct… you name it) However, all of them eventually complied in my cases whenever exercised, but never before a huge effort had to be taken to let their head offices know about the actual consumer rights, and the directive stated above worked great for the purpose.
        I haven`t noticed the directive to be mentioned somewhere on this site. Not that I expected it.
        However, another problem seems to be in wrong (or old one) interpretation of the Sale of Goods Act 1979 by most of sellers out there.
        Whatever act or its interpretation might be out there like the Sale of Goods Act 1979, it may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by the EU Directive, to ensure a higher level of consumer protection, not a lower one.
        So if you say “The Term may vary in other European countries” – yes, it may extended, but may not be less then 24 months.

      • Monty 19 April, 12:22 am

        This is my first visit to the site. Firstly, looking through the subjects and replies i see much good advice. The exception is a regular poster called Aaron who seems quite ignorant of consumer law and gives consistently bad advice to the sites consumers. essentially, the point of SOGA is that it pays no attention whatsoever to manufacturers warranty, its essence is in ‘reasonableness’ which has been tested in law many times e.g. the famous ‘white goods’ are considered to have a reasonable fault free life of 6 years, I have on two occasions had major repairs done to 4 year old Rover and BMW cars with 55 and 60,000 miles respectively because of manufacturing faults deemed unreasonable by local trading standards. Until we get a grip on our actual rights and case law we not drive the improvement in quality and service seen as normal in other countries. Apologies for being provacative in my first mail!

    • Mark 2 August, 3:52 am

      Fair Wear and Tear is excluded from Sales of Goods. You cannot determine what is classed as Fair Wear and Tear as the manufacturer will do this in their specifications. Is it unreasonable for a TV not to last 3, 4 or even 5 years? Maybe, but electronics have a finite lifetime. It will be described clearly in the manufacturers guidelines on the amount of use the TV can have.

      “Dont leave your TV on standby. It uses electricity and can effect the time it lasts”

      I purchased a DS Lite for my father, he didn’t like it and gave it to my nephew. It went faulty, and on repair Sony told us “Fair Wear and Tear”. Upon investigation, the manufacturers manual stated that there was an expected life time in hours, something like 400 hours or so. After investigation, it was clear that my nephew was leaving the DS on even when not using it and leaving it plugged into the charging socket. Our rights to repair, replacement or partial refund at 14 months were not valid because of the way it had been used.

      Reply
  • Steph 16 April, 1:34 am

    I have just bought an Apple Macbook from PC World and I have discovered it has a stuck pixel in the screen. This is a small, bright blue spot in the centre of the screen. Now, it is small but because it is in the centre of the screen it is very noticeable when I am watching films or typing on the laptop and it bothers me a lot. I paid £720 for this laptop and the reason I bought it was because I thought Apple was a quality company for making laptops. I am going to try and take it back to PC World on Sunday but I know they are going to give me a hard time about returning a laptop for one stuck pixel as many companies have a policy that they won’t accept returns of laptops for less than three stuck pixels. What I want to know is – does this stuck pixel count as a minor defect under the sales of goods Act? And if so, how can I enforce this right in PC World? I want them to give me a new Apple Macbook that has a perfect screen.

    Reply
    • Mark 2 August, 4:17 am

      Steph,

      This is a difficult one and a crap situation to be in, but because the spec of the product is that in the manufacturing process it is impossible to ensure no stuck pixels. Generally when you buy something with this type of screen the retailer will have a pixel policy available that mirrors that of the manufacturer on pixels, and the acceptability. So for example Amazon have a pixel policy and when you buy, you are been made aware of the issues in the manufacturing process and that your screen, tv, laptop etc could have dead pixels and because you are made aware of this you have no legal remedy. Your only option is to take it up with the manufacturer and state that it would definitely be the last product you purchase from them and see where it takes you!

      Anything you are aware of when buying a product, such as you awareness of the pixel policy across the manufacturing process renders the sale of goods useless in a case like this. Anything you are aware of in the buying process will render the sale of goods useless.

      Also remember that the sale of goods doesn’t define the quality of products and services, or attribute itself to different types of product. It merely states what your rights are at certain times when a product goes faulty.

      Reply
  • Catriona 16 April, 1:25 pm

    Steph, just because companies interpret the law in their own way doesn’t mean it is correct. Therefore who is to say that less than 3 stuck pixels does not constitute unfitness for purpose? If it is hampering your use and enjoyment of the item, this is grounds enough. PC World only have to offer a repair in the first instance, not a brand new one. If they make it difficult for you ask to see them manager quoting S 48 Sale of Goods. if this yields nothing, threaten to take the matter to Trading Standards.

    Reply
  • Joe 8 March, 5:15 pm

    I have a ps3 (fat), it is over 4 yrs old, in June of 2008 it broke down( the disc drive) it was replaced free of charge with one of equal quality ie : size of hardrive and age but not my own ( which i assume was fixed and given to someone as a replacement ).Now it has broken down again only this time it won’t turn on.Further research has revealed that i am not the only one to suffer this fault called ylod( yellow light of death) when a soldering joint melts and dislodges the motherboard.
    Sony wish to charge me £131.oo to fix this problem for, again a replacement model of equal type ( not my own fixed and sent back to me).
    Surely because of the world wide failure of this type ,it’s a design fault and not of my making, and sony , like the first time should fix it free of charge or replace it free of charge.
    many thanks,
    joe.

    Reply
    • IwantToKnow 17 March, 1:33 pm

      Yes, the repair should be free of charge… but not from Sony, you need to take your console back to the shop where you bought it. Sale of Goods act relates to seller and consumer, not the manufacturer.

      Reply
  • Dave 17 March, 2:14 pm

    Hi,
    The problem i have is that i have bought a fridge freezer from a reputable electronic store on the high street and now its broken down. The item in question was bought in sept 07 making it 2 1/2 years old. I call Beko and their responce was to put me straight through to an outside engineer who wants to charge a call out plus any parts which need fixing.
    I was lead to believe that under the sale of goods act i have a contract between myself and the retailer where i bought the item, and they have a responsibility after selling the item up to 6 years. (info given to me by a kind lady at beko)
    I would be very grateful regarding any help or advise that people could give. thanks dave

    Reply
  • Kylie 17 March, 4:07 pm

    My mother recently brought a second hand car for a sales yard. after a week, and on the first drive at more than 40mph the head gasket blew, with potentially other damage as cause or result. She has contact the seller on many occasions requesting that he either repair the vehicle or provide a refund as it is not roadworthy.
    The seller has stated that he did not offer a warranty and that he does not have to do anythng.
    According the the RAC patrolman who attended the breakdown there would have been ample indications of warning that the problem was going to happen. the vehicle is also 30k miles under the point where it would have been expected to happen.
    Please could you tell me if she can do anything and if so how?

    Reply
  • Peggy Aeschbacher 26 March, 12:43 am

    Hello just thought i would tell you something.. This is twice now i’ve landed on your blog in the last 3 days looking for completely unrelated things. Spooky or what? If you wishto swap the links with us please let me know.

    Reply
  • Andrew 27 March, 1:12 am

    I bought a pair of earphones from HMV and I’m not happy with the audio quality. Am I entitled to a refund?

    Reply
    • Aaron 1 May, 12:14 am

      Yes. If the quality is substandard (for the price). I would (and have, successfully) ask for an exchange though, as you presumably want a better pair and they would be more amenable to this, especially if you exchange them for a slightly more pricey pair.

      Reply
  • Rehan 28 March, 6:31 pm

    Hello,
    I think you are right. I currently am facing the same problem. Under the sales of goods act 1979 and in your statutory rights a product must be durable. It depends on the product if you can claim a free refund, repair or replacement even if it is outside the warrenty period. For example, a dish washer is expect to last around 7 years. But if it breaks in 2 years after the warrenty is expired you are able to claim a free refund, repair or replacement. In England and Whales you can claim under this law for a product no more than 6 years old. But in Scotland it is 5 years. You will have to do a bit more research before you contact Sony about this.
    Rehan

    Reply
  • alex 29 March, 9:20 pm

    Hello,

    Just over 13 months ago I purchased at TV at a well known electrical retailer. The TV developed a fault that has been verified by an independent repair man. As the cost of fixing the fault was more than the TV I was offered a voucher as a good will gesture, but the amount on the Voucher is less than half of what the TV cost, and the cost of the inspection, which I have been told by the independent TV repair man I am entitled to back was included in the price of the voucher. Also to buy an equivalent model would cost nearly £400. I feel that I have been ripped off by the retailer, do I have any legal right to insist on more of a refund?

    Many Thanks

    Reply
  • Kate 2 April, 11:33 am

    I purchased a broken kitchen appliance from a small company. I told them it was broken two days after recieving it. They say no refunds but they will exchange. I want a refund, what do you all think?

    Reply
  • Amanda 7 April, 10:38 pm

    I purchased a LG LCD TV on 26th December 2008 from Curry’s for £597 I do have the receipt. The TV has now stopped working. I have contacted LG who were not interested in helping me as the TV is over a year old and outside the manufacturers warranty. I have contacted Currys who said they would get someone to contact me but I am not confident that they will help me. As the TV is only 14 months old do I have any rights as a consumer to a replacement set or a refund?

    Reply
  • Lauren 12 April, 7:03 pm

    I purchased a CD from my local Tesco Yesterday for my boyfriend. I got the CD wrong and realised when I got home after returning from Tesco. Today, I went in to swap the CD for the right one (had a receipt as proof) but got rejected due to the CD not being in Selophane wrapping…When i purchased th CD, there was no selophane wrapping. I would understand if it had been sold in a wrapper and I had opened it, but it wasnt and I hadnt unwrapped it. Obviously, I have no proof of this, but I am returning the item in the way it was sold to me…What exactly would be my rights here?

    Reply
    • Aaron 1 May, 12:16 am

      No. CD’s do not need to be in a wrapper. If the CD is clearly undamaged, they should swap it just as they would any unwanted gift CD or DVD in January.

      A store the size of Tesco must have its own wrapping machines anyway!

      Reply
  • DARREN 13 April, 8:40 am

    I purchased a 4.5 year old Renault Megane from a garage in Fife for £5795.00 approx 2 months ago. The vehicle is on hire purchase. After only a couple of weeks it was apparant that the vehicle was letting in water. Also the airback fault light keeps coming on. After taking the car back from the garage I was told that no fault had been found and the Airbag light was simply due to seat tentioners. They also told me they had unblocked my door seals as this is what was causing water to leak through the passenger door. 2 months after this it became apparant that water was still leaking through the door. A few nights ago My 33 week pregnant partner and myself ended up waiting for nearly 2 hours by the side of a farmers field for a recovery vehicle due to the cars engine mount giving way. This allowed the engine to drop into the Drive shaft causing sagnificant damage under the bonnet. I have taken the vehicle back to the dealer and stated that I want the vehicle replaced as the goods are clearly neither durable or fit for purpose. I feel the car is totally unsafe however the garage owner will only authorise repair and not replacement. I have contacted the finance company and told them that I am not willing to accept the goods back and I want replacement however they say there is a lengthy complaint process before a solution will be found. Meanwhile, the garage is repairing the vehicle even though I stated that this was not what I wanted. Am I being reasonable in asking for a replacement car? As far as I am aware, engine mount failure is not a common fault and I feel this kind of quality in a car with only 21,000 on the clock is totaly unacceptable.

    Reply
    • Darren Carter 16 March, 10:27 am

      I bought a car for £2040 5 weeks ago with a 3 month warranty, the clutch has started to stick and when I took the car in to get repaired I was inform it was down to wear and tear and it was not covered by the warranty, I informed the garage who are saying it is not there problem because of the age of the car and it was sold as seen, to replace the part may cost up to £800.

      Reply
  • Roger 15 April, 10:36 am

    Bought a Refurbished media player from Maplin. The system crash and it lost the software, hard disk etc still worked properly, so after contacting Maplin I returned it with an RMA for repair. They have since refunded my money, but I really would prefer them to repair the unit and return it as they effectively said they would. What is my position re insisting to receive a replacment? Thanks Roger

    Reply
  • dee 17 April, 1:51 am

    I wonder if anyone can help me please as I am extremely frustrated and do not know how to rectify this? I purchased a samsung nc10 netbook in dec 08 from qvc over the telephone for my 30 year old daughter, as a xmas pressie. she was very pleased with it and apart from some issues where she had to reinstall programs and restoring her computer..due to software clashes etc, freezing…she enjoys using it. however in march 10, the keyboard started giving issues. she could not used the letters surrounding and including the ‘f’ character button. she somehow managed to fix it back on but it is stuck in a down position, instead of normal. suffice to say, the key works. but yesterday she opened her laptop lid up and the semi colon button fell out into her hand, just like the previous time. she cannot put it back on and has contacted qvc who state that they can only deal with issues within a year from purchase. i asked them to see if they can help me with delaing with samsung but all they gave me was a helpline number to call. i have registered the product with samsung online and asked if they can sort the issue out (for the 1st ‘f’ button issue’. they did not. instead they suggested i call a repair shop in coventry for out of warranty repair. for some reason i thought it had a 2 yr warranty but it seems as though it is only 1. i cannot lie and do not wish to do so either. i have not been intouch with the repair shop in coventry as she somehow manages to use it, but with the other button completely off, i fear it may damage the computer. you can see the circuit board underneath also. she has expressed blindly that she has not been ‘picking’ at the keys or anything or that sort. she uses her products very wisely and even still has the same screen protector on it since day one. they’re are no scratches on it either so i am inclined to believe her, judging by her past electrical items. even her ipod from 05 hasn’t a single scratch on it! i would just like to know if there is anything that i can do about this to get it repaired. i do not think it is fair to charge for this as it seems like it may indeed be a manufacturing fault. in the past i have emailed them for software help with the samsung tocco phone and not even gotten a reply, so i am not holding my breath for a reply to tonight’s email. i also find it extremely hard to accept that a 15-16 month old laptop is having issues to key components like this. checking on the internet forums, it seems we are not the only ones either…
    desperate to get this sorted asap…can someone pls help?!

    Reply
  • Wendy 23 April, 10:29 am

    I hope someone can advise me of my rights. In January 2010 I ordered & paid a deposit for a new car under the government scrapage scheme. When I went to collect it on 20th April 2010 the salesman told me they had found a problem with the paintwork which they didn’t notice when it was delivered to them. In his words ‘it has paintwork contamination which he has never seen before & hasn’t appeared on any other car that was delivered at the same time. On inspecting the car I saw the problem is on the off side rear bumper & tailgate. He told me they will send it to a paint shop where it will be rubbed down & re-sprayed,I said I would rather have a new bumper & tailgate but he said they would have to see what the warranty dept.said. In the meantime they have loaned me a courtesy car. I am worried this contamination may well suddenly appear on other parts of the car & the paint colour may not be an identical match.
    I asked if I could have another car? he said as I had bought it under the scrapage scheme this wasn’t possible as the paperwork with the new registration number, VIN number & my scraped car details had been done but my scraped car is still in their compound so why can’t they re-do any necessary paperwork & what are my rights? I am now waiting for an update from the garage.

    Reply
  • Gary 27 April, 8:03 pm

    Hi,
    I bought laptop from PCWorld on Mar 2 2010. At time of sale I was told one of the ports would allow me to connect directly to internal devices externally. Recentley took apart my old computer to try and save the files and found out this wasn’t possible.
    This week whatever holds the ‘left click’ button broke on the inside. This happened under normal use, I used no extra force when pushing the button. The shop has offered to send the laptop for repair which will take 2 to 4 weeks. I have told them that I am studying for a degree in computing and to be without a computer for upto a month is out of the question and that I would, in the least require a replacement.
    They have also offered to sell me a device which would allow me to connect to an internal hdd for half price. I have told them I should not expect to pay for extra items to be able to do what I had been informed the laptop was capable of.
    I also looked at their website description on the laptop which claimed it had a firewire port. This is also not the case but now the description has been amended and I have no proof.
    So far I have found PCWorld unaccomodating to say the least. The attitude I get is that they have sold the product and are now not interested. They say that I have to prove that the seller told me it would connect to internal devices.
    I am claiming:
    Not as described. The website description claimed firewire. I am now unable to transfer digicam footage to my laptop.(no proof)
    Not fit for use. Unable to connect directly to internal devices.(verbally told by sales staff)
    Not of satisfactory quality(safe and strong) There is no way the button should have broken for the use it had received.

    PCWorld claim I have run out of time for any of this as it is over 28 days, that they have to prove manufacturer default within 6 months and me after, that I have 28 days to return not fit for purpose and that I need to prove their sales staff told me about the internal hdd connection. I have claimed that I am within 6 months for all of the above and that I am not really interested in their 28 days. That I shouldn’t have to check everything I am told the laptop could do straight away. That if a trained sales staff says it does something, I should expect it do be able to. That they should prove he never told me that. Am i supposed to record all my dealings with them? That they need to prove within 6 months that the fault is due to my use or abuse.

    It was bought on 6 month free credit so have also initiated contact with the credit provider and asked them what their stance would be should PCWorld continue to be unhelpful. Initial contact seems they agree why I would suffer inconvinience being without a computer and have instructed me to contact their dealer relations team.

    Am I justified taking this action or am I being unreasonable?

    Reply
    • Gary 4 May, 9:28 pm

      Update.

      After arguing with DSG customer services, the threat of court action under the sales of goods act etc etc they have arranged a replacement and provided a free USB/Firewire express card.

      Reply
  • Chris Baldwin 29 April, 1:40 pm

    Hi there,
    I have a Fridge Freezer from BEKO. This is now no longer getting to a Cold enough temperature in the Freezer section only -5c not the Safe -18c it needs to be according to the manual so certain foods are not freezing. Upon speaking with a specialist, they say this is V common with the Beko make as its a cheap brand and its either the compressor or the Gasses have leaked out and it should be scrapped. This was over £350 and we can’t afford to just buy a new one. Even though the unit it about 2yr (maybe 2 – 2yr 6m) surely it should last for a lot longer? Would i take this up with Comet (where I brought it from) or Beko direct?

    Do I stand a chance?

    I would appreciate any help

    Thanks

    Chris Baldwin

    Reply
    • Nick Mayer 5 August, 8:08 pm

      I work for a refrigeration company and would expect a domestic appliance of this nature to last longer than yours has. Under SOGA, because the appliance is over 6 months old, the onus is on you to prove the unit does not conform to contract. But, if you’ve had an engineer out and he has confirmed this in writing, my advice would be to go back to the shop you bought it from and they should but the matter right, but do it quickly.

      Reply
  • naheed 10 May, 12:03 pm

    Hi,
    plz can ne1 advice me if I am correct in doing what i am doing…
    I purchased a lcd tv in june 2008 with the normal 12mth warrenty, it started to appear with vertical lines on the screen when i switched it on a few months ago.I got inotuch with the retailer which has gone in admin, they said “no can do!!” Neway coz I had paid with credit card i sent a letter into the creditcard company. Got a rply from them advising me to contact the administration people who are dealing with the company, and wait for a rply from them, before they can look into it further. I have done so today. Just wanted to know what chances do I have in getting a replacment or refund.

    Reply
  • Chrissy Dobbie 10 May, 8:07 pm

    I purchased an Apple Mac laptop charger from a shop in London. I signed the receipt which had small print saying that chargers are only covered under their warranty for 28 days. 4 mobths later the charger has stopped working (I have not subjected it to anything that could damage it) thus it must be faulty.
    I took it back to the shop and the manager was not helpful and told me to go away as it was not covered by warranty as it was after 28 days. I then explained the Sales of Goods Act to him and that it over rides his (unfair) contract terms and he told me to go away. I believe that I can legally obtain a refund for this, am I correct? If so I shall send him a legally worded letter. Anyone who can offer any advice I would be very grateful for this. Chrissy

    Reply
  • Karen Anderton 12 May, 10:37 pm

    Hi,
    i wonder if anyone can help me,
    we purchased a Renault espace 18 months ago from motorpoint, (originally on finance, now paid off)it cost us £9,000 and had 21,000 on the clock
    the car ran smoothly for 8 months and then the turbo blew, the warranty refused to cover because they said it was wear and tear, it cost us £1,400 to get a refurbished one, then in Jany=uary this year while driving down the M6 (40 weeks pregnant !) the gearbox exploded and it cost us £3000 to fix, we got it back and after 1 trip out the engine started to rattle and packed in again,
    we are out of money to fix it, motorpoint, Renault and the Consumer direct say the finance are liable, but they are refusing to fix it!
    the car has been sat around for 3 months and does not run, we have had more than enough upset and need a reliable car with 4 children, were not sure if it has been clocked and need to know how to get soeone to take responsabilit for it, can you help ??
    Thanks

    Reply
    • sam 23 July, 11:46 pm

      Hi, You may reject goods [in writing, recorded post] to the Finance company if the dealer arranged hire-purchase [goods under Hire-purchase must conform to supply of goods act 1973implied terms as amended] if faulty & providing they have not been used for long,the time limit is very short for rejection unless you had taken the goods back to the dealer many times for repeated repairs to same fault.Other wise you are abe to ask for repairs/replacement do not be fobbed of by the finance companies they often tell you to go back to the dealer.
      The finance are supply you with the goods not the dealer. if you reject goods within the first six months due to faults the onus is on the finance/dealer to prove the goods conformed when you took delievey after this time you will have to prove the fault was present when you aquired the goods.hope this helps, good luck

      Reply
      • sam 23 July, 11:52 pm

        you are still covered under the sale of goods act for a short while after finishing your HP PAYMENTS – so seek advice from CAB

  • Lindsay 16 May, 12:12 am

    Hi there – Was wondering what my rights are in this instance…….I recently bought a 3 piece leather suite. My partner and I spent a good hour and a half looking through the showroom and trying out all their models just to get the right look and comfort to suit us. We picked a sofa and when it was delivered it was noticably different leather material that had been used on different parts of the sofa. they sent out one of their people and he said that this occurs as not all the leather can be the same. Now I wouldn’t mind but this is not a ‘slight’ difference it is a ‘massive difference’. You can clearly see that the leather is different from a mile off, it looks just wrong. We were not told by the seller that this would be the case. Also the leather is not to the same standard that we saw when we picked the same sofa in the showroom, I asked will it look exactly the same? and I was told ‘yes’. To me and my partner it looks as if there has been a cheaper leather used when we were shown the different grades of leather and picked a specific one, it is simply not the same and I am very unhappy with it. It cost us £800 pounds and I am not happy about paying this amount of money for something I am unhappy with. Can anyone tell me if I can get a refund or at least an exchange? I was told that there is not a ‘fault’ with the sofa. Since this I have also noticed that one of the arm rests is not as stuffed and full as the other one is and it is clear when you touch it. Is there anything I can do? Many thanks :o)

    Reply
    • Sue 28 July, 7:14 pm

      You need to look at the sale of goods act 1979, Section 14 2B. It clearly states:
      (2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

      (a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

      (b) appearance and finish,

      (c) freedom from minor defects,

      (d) safety, and

      (e) durability.

      In my book mismatched leather has a big impact on appearance and finish.

      Reply
  • alex 28 May, 4:17 pm

    Hi,
    I purchased a Tamron lens for the Canon 350D last February (2009), from Melbourne, Australia. In May this year, the lens stopped working (the zoom function has broken and the automatic focus isn’t focussing), whilst visiting Melbourne again. I asked in the shop where it was purchased and there wasn’t time for them to arrange a repair before we returned home, although their estimate was it would be simple to fix. They suggested I contacted Tamron UK.
    Tamron UK have stated that the lens is out of warranty in the UK as it was purchased over 12 months ago, and that I need to post it to them for assessment (I don’t imagine this will be cheap as its fairly heavy) and pay for repair. Ordinarily I would argue that under the SOG act 15 months is not long for a lens to last, particularly as its only been used a handful of times. However, I am dealing with the manufacturer here, rather than the store where it was bought.
    Please could someone advise me on the best course of action?
    Many thanks.

    Reply
  • Richard Clarke 1 June, 9:00 pm

    Hi

    My Xbox 360, purchased December 26 2008 has just stopped working, and the fault isn’t covered by the extended warranty Microsoft are offering for the RROD or E74 error message. I fully intend to take it back to the high street retailer from whom I purchased it, but if they refuse to replace, how do I begin the process of taking them to the small claims court.

    Reply
  • helen 14 June, 3:42 pm

    we bought a double pram less than six months ago .a three wheel model . when crossing a busy road with the two children the front wheel broke.brought it back to the shop and they refused to refund our money. they offered a repair but we have lost faith in the safty of this model.can wedemand a refund on the grounds of not fit for purpose

    Reply
    • Nick Mayer 5 August, 8:16 pm

      Hi Helen

      Technically, the shop can insist on attempting to repair your pram in the first instance, as long as they do this within a reasonable time and at their own cost. If you feel they are taking too long, or that they are messing you about, insist on a refund or replacement.

      Remember, as your prem was less than 6 months old it is for the shop to prove that your pram is not faulty.

      Reply
  • Helen 14 June, 8:12 pm

    Hi, I bought an iphone 3GS on 18th December 2009. I bought it on a pay as you go basis for £440. It has had minor niggles, namely shutting itself down, since a couple of months after I bought it. Yesterday, it shut itself down and refused to power up again. I’ve been to the O2 shop where I bought it, and they refused to refund my money (I have been late for work due to my alarm not going off twice, and have needed to use it in an emergency when it has switched off…have lost confidence and become fed up with it!) Their T & C say that they only repair/replace after 28 days. If they repair, they’ll send it to Apple to do it. If they replace, they will only replace with a REFURBISHED model. Surely for a consumer who has lovingly looked after their iPhone for 6 months, I should not be fobbed off with a repair (which won’t work as it’s a hardwear problem) or a refurbished (someone’s secondhand) phone? Is there anything I can do, or do I have to give in to O2? Thanks

    Reply
  • stuart easton 16 June, 9:48 am

    hi guys,
    excellent site with advice so im hoping to get a bit more advice on my rights before i approach the company in question.
    i bought a ps3 in january 2008 and recently the laser has just gone meaning i cannot play games. to get this fixed its £90, or do it myself for £40 (risky). what i want to know is whether i have a case to take it back to Bennetts and say they should pay for the repair under the SOGA?
    Any advice on this would be appreciated as im skint and i need to find a quick, cheap solution to this!
    thanks
    stuart

    Reply
  • Emily 16 June, 3:08 pm

    Hi, I’m about to purchase a very expensive piece of machinery in the UK. It is worth about £150’000 (still being negotiated) and they’re saying it only comes with a 1 year warranty/guarantee (I’m not sure what the difference is).
    I’ve heard several times that all electronic items sold in England must come with a 2 year manufacturers warranty by law. Can you please tell me if there is any truth to this and, if so, where I can find an official site stating this? I do not expect to pay that much for a machine to potentially break and not be covered after just 12 months.
    Are there any other laws I must be aware of?
    The machine is being purchased in England but shipped to South Africa. Does this change the terms at all?

    Thanks!

    Reply
    • Emily 16 June, 3:11 pm

      Sorry, I also forgot to mention that I’ve read that some goods purchased must be repaired or replaced at cost to manufacturer within 6 years of purchase. Can anyone elaborate and show me where I can find legal evidence of this please? I’m new to the business world and it’s a little overwhelming!

      Reply
  • Paul 18 June, 1:40 pm

    Hi,

    I purchased a Compaq notebook 14 months ago and within 4 weeks of purchase it developed a keyboard fault they repaired that fault and sent it back to me with another keyboard fault at the time I asked for a refund as the quality of the product was poor but they said needs to be repaired 6 times before a refund would be given. The notebooks motherboard has now completely failed which has been confirmed by an independent engineer. I have requested Compaq to replace or repair the product but they are saying its 2 months out of warranty it’s up to me to get it repaired at my own cost. They don’t seem bothered that their product only lasted 14 months!! I have informed them that they have backed me in a corner and left me with no option put to take them to a small claims court as I purchased direct from them and again they don’t seem bothered it’s a bit like the little Britain sketch the computer says NO! So would my case stand up and is the success rate high in faulty goods claims?

    Reply
  • Brownsugar8812 21 June, 8:15 pm

    Hello,

    I’ve just gotten a contract with an iphone today at phones 4 u with vodaphone and i wanted to switch my network. Vodafone said i can cancel the contract within 7 days but phones 4 u has no cooling off period apparently. I am frustrated because i had no idea that vodafones signal is not good and when I called vodafone they said that the signal in my area should be good but it’s not. it seems as though no one wants to help me and I find it strange that phones 4 u does not have a cooling off period. I simply want to change my network i dont want to cancel the contract that I have with phones 4 u. Can someone please help me? I will greatly appreciate it!

    Reply
  • Meg 22 June, 7:33 pm

    After some enquiries about which mobile phone network would be best for Cornwall, a shop recommended Orange or 3. Unfortunately neither worked in my isolated village. The shop kindly took back the phone and cancelled my contract with Orange. A year later I discover 30 pounds line rental is leaving my account each month for line rental to 3. Not only did I not sign a contract for line rental to 3 but have also never recieved a bill from them. The mobile phone shop deny liability despite instructing 3 to remove 30 pounds from my account each month. The mobile phone shop also say I am locked into a 2 year contract with 3. Coincidently my first bill arrived from 3 yesterday in the post. I am basically paying for something that doesn’t exist or have ever agreed to. Help me please.

    Reply
  • Tim 1 July, 3:44 am

    I bought an electrical item online, I received an initial confirmation of the purchase, a couple of days later I received a delivery notice with the transaction complete (money transferred etc) I have now received an email telling me that they now cannot deliver the item, as the original price is wrong and the actual price is much higher. Should I insist that the item is delivered?

    Reply
    • Alex 10 July, 8:06 pm

      Tim – yes, you certainly can. When they accepted your payment they accepted the contract terms. You have a binding contract with the firm and they are now in breach of contract.

      Reply
    • Nick Mayer 5 August, 8:22 pm

      Hi Tim

      You are perfectly entitled to receive the product you have paid for, they have taken your money so they cannot now re-negotiate the price. Under contract law, you have offer and acceptance. They have offered to sell you the product and you have accepted this offer by paying for the product.

      Write to them and insist that they deliver your item, give them a reasonable length of time to do this, say a week. Tell them you will make a claim in the small claims court if they refuse.

      Reply
  • Max 2 July, 3:38 pm

    Hi im thinking of buying a laptop within the next week from either PCWorld,Commet,Tesco’s or asda ect depending on the after care/returns policys (still reading reviews).

    So basicaly I’m asking is recording (with permission :P ) conversations with staff and customer support a good way to cover yourself against being fobbed of with unvalid store policys should you feel the need to take things further ie: court?

    Reply
    • Steven 5 August, 2:15 am

      Hi,

      I don’t know if this thread is useful to you now, but it maybe in the long term for others. I always go with the manufacturer that has the best repair service. Lets be honest no matter how much kicking and screaming, shouting at the retailer about rights in the sale of goods etc they all act in a similar way when a product goes faulty. Each situation will be different, about what a retailer is required to do when a product goes faulty and they will consider, things like fair wear and tear, damage, proper use, time of fault occurring etc.

      Now I purchased an Acer laptop from “retailer” in November 2006, in Oct 2007, the hard drive went. The laptop just blue screened, and the drive made a noise. Now I knew straight away what was needed to fix the issue.

      I knew immediately I had a few options.

      1) Buy and install a new drive myself (but I thought why should I)
      2) Contact comet and have them tell me to contact the manufacturer
      3) Contact the manufacturer directly myself

      I went with option 2 as I was pretty sure I hadn’t damaged the device, the drive shouldn’t be suffering from wear and tear after 11 months as Western Digital Drive should last 1000′s of hours (about 10,000 hours). So i knew I had a case. The device did not have an inherent fault (i.e. at the time it was supplied), but under the Sale of Goods Act its not really durable as a reasonable person would expect (11 months for £800 laptop is not reasonable in anyones world).

      So i called the retailer and they stated that I should contact Acer (which I expected them to do), but I stated that I wanted them to do it as they were responsible as the retailer. I got the usual 28 Day exchange, 6 month faulty rule etc by their front line agent on the phone etc. So I asked to speak to a supervisor with legal knowledge of the Sale of Goods. Supervisor came on and explained things very clearly:

      1) She said with Acer it is really easy for repair, they will pickup from your address and deliver back, usually all in the same week.

      2) She said that as a retailer they were responsible and accepted that and they would organise for it to be picked up, delivered to Acer and returned to me (I actually demanded a loan too, but what they said below made me think twice).

      Then came the part that churned me up a little. She stated that under the Sale of Goods they are not liable to do all this if: The product upon inspection by the repairer has been “damaged” and that photo evidence will be taken. That if the drive has failed for wear and tear then they are not responsible. So i calculated the maximum hours my hard drive was in use for, and it was about 8,000 hours, from an expected 10,000 – 15,000 hours life expectancy. The manufacturer also stated that it depends on the workload of the drive and how much is written and read from the drive and the load its under. i.e. a drive on a pc that sits idle most of the time would expect to last longer than one constantly working (reading and writing data). Mine is constantly under heavy load (arghhh)

      She stated that she was happy to send for the laptop and ship it for me, but if any of the above applied then, I would be charged for delivery, possibly repair and loan of a laptop. She said the manufacturer repair report would tell us more, but by then they would have me in a position to charge for shipment to and from the manufacturer (all done via courier) and laptop loan if they finally authorised that. I think at this point she knew I wasn’t going to go with this as I started to panic, wondering if I had damaged the drive for the few times i recalled I had clunked it down a little hard while the drive was in operation (yes this can mess a drive up, and an engineer can detect it by the drive platters being damaged).

      So I changed my mind and went with option 3 in the end, after speaking with the Acer Engineers, within 5 minutes he had organised for a free pickup, a courier came to pickup the next day, and in 5 days I had the laptop back, along with the report, dum dum dum. It had revealed that the drive had worn out and that the one of the magnetic heads had hit one of the platters, could see the damage. The magnetic heads float above the platter on a cushion of air. So if you say clunk the hard disk down on the desk while its on and it causes the head to hit the platter then it could cause the drive to sort of self destruct. In my case this was true. It made me think wow, really make sure when the pc is on not to move it or drop it down too hard on a desk etc. It made me think was I a bit heavy handed.

      Acer repaired it free of charge for me though anyway. Way to go Acer!! and I had it back within 5 days. I thought that in itself was pretty amazing. If the retailer had got that repair report (that i took responsibility for) I reckon I would have been liable to pay for all delivery, and probably about £40 for the drive and £30 to fit the drive. Could have ended up costing me a few quid.

      The moral of the story here is, I was in a position where I felt a little hard done by, by the retailer, but it showed me that they were just flexing their rights of what the SOG stated to protect them. The supervisor stated that they aren’t responsible for repairs under “fair wear and tear”, or “damage/misuse” which is right. So me using them to have my laptop repaired isn’t fair on them, although I was annoyed i saw sense.

      Choose a manufacturer that has a good repair service if as in my situation you need to or decide to use them or inline with your legal rights its your only option. Acer for me were top notch, and they could have charged me too.

      Reply
  • Shawn Drakes 9 July, 12:20 pm

    Refund/Return
    I looked at a chair set in Euro Design and decided to get. The chair set was just delivered . The problem is the larger chair in the set cant fit through my door. Which broth me to the conclusion that the chair size (might) be different from the set I viewed in the store. I am wondering if there is any chance of me getting a refund

    Reply
  • Jonathan Marsh 10 July, 3:06 pm

    Paul
    If you have a faulty item within 6 months of purchase it is generally accepted that the goods were faulty when you bought them. After 6 months upto 6 years the SELLER can repair them free of charge but its up to you to prove they are faulty and that you have not damaged it.
    I would expect a laptop to last at 3 – 4 years as would any reasonable person.
    Therefore under the sale of goods act you should approach the SELLER and exercise your right. Their warranty is an extra and does not affect your statutory right.
    I would tell them if you do not get a reply in 7 days you will file your claim in a small claims court. It will cost you £100 which is probably cheaper than the repair. Speak to Consumer direct they will advise you how to do it and make sure you tick the correct boxes.
    This may be enough for them to repair it.
    Good luck.

    Reply
  • Azad 13 July, 1:41 am

    hi all i need help i bought a fridge frezzer 2 years ago and the item is now showing craks in the doors and inside back which is geting worse can i do anything about this i have been told that i can get somethig done under the goods of sale act 1979 i was told if it is over 100gbp it is covered for 5 years is this true can some one please help do i contact the shop ???? help
    and thanks for your time
    az

    Reply
  • Rishi Shah 16 July, 1:20 pm

    Refund/Return without packaging

    I purchased a Garden Furniture set comprising of a large glass/metal table, 6 chairs and a parasol less in late April. Within 1 month the Parasol broke and it took a lot of effort for the retailer to replace it. Now less than 3 months since i purchased it parts of the metal chairs are starting to rust. The product on the website was described as Rust Resistant.

    I had again had to do a lot of correspondence with the retailer to refund me. I am now being told that the onus is on me to pack the goods up for collection. I explained to the retailer than this was against the Sale of Goods ACT but i was told that i should have retained all the packaging. In fact the customer services advisor told me that he has packaging in his loft for 7 years.

    This is surely silly, the table alone is 6 foot across and then there are 6 chairs and a parasol. I have asked the retailer to send me the packaging instead but dont hold much hope.

    What is my statutory right in this matter?

    Reply
  • Andrea 20 July, 12:12 pm

    I have had several problems with my renault megane since i bought it 2 years ago from charles hurst its been in the garage ever 4-6 months since i purchased it – most recently for the 4th time the back window on the driver side is stuck up and needs replaced – the last time this was replaced was 3 months ago, my car has been out of warranty for approx a year but they assured me that the window because it was a new part had another year on it in April 2010! However today they are trying to get me to pay 25% of the cost as their policy has changed – surely a part should last longer than 3 months and as this has been a recurring problem since 6 months after i bought the car they should be covering the cost???

    Reply
  • jessica 28 July, 10:56 am

    I booked airline ticket through travel agency and I went to the airpot I find out that my name is not there.So,when I phoned the trvel agency they told me sorry please can you you go tomorrow but I phoned the airlines today they told me there is no seat and there is noone booked at my name.Though i BOOKED MY TICKET 2 MONTHS AGO AND THEY TOOK MY MONEY FROM MY BANK LIKE 1month they told me to wait and also lied that they had siad me the ticke via post but actually when I went to the airpot I found out that the travel agency had just booked the ticket just day before departure and airlines workers told me it is pretty unlikely to get seat if you book so laye.So,can you please help me

    Reply
  • claire 30 July, 3:42 pm

    Hi

    I would like some legal advice please. My Fiance works i a second hand shop. A lady bought a second hand fridge Freezer this year. The shop has a 1 month warranty. This lady’s friend phoned the shop up over 1 month and said that it wasn’t working, than all her food was spoilt, and she wanted a full refund and £10 for the food!

    It was past the warranty. The shop offered a replacement fridge freezer in exchange and but the person with the faulty fridge turned this down, demanded a refund because apparently the son of that lady already bought her a new one and got rid of the faulty one.

    My fiance said they would of like to of looked at this fridge, but the shop wasn’t given any opportunity to rectify the problem. Repair, or replace.

    This lady is demanding a full refund plus the food, and is seeking legal action and saying she will get this shop closed down, and making threats.

    I think this lady is bang out of order for not contacting the shop sooner, and asking for assistance and giving the shop an option to examine the fridge. Instead it’s disappeared.

    Please help.

    Thanks

    Claire

    Reply
    • h 12 August, 12:32 am

      If the buyer no longer has the fridge they have no claim to anything. Furthermore, new or used contents of the fridge are outside of any warranty. Advise your customer they have no rights as they have disposed of the faulty item.

      All you could know is that they may have sold it and trying it on.

      Reply
  • riddletalker 2 August, 2:49 pm

    Hi Can anyone help. I recently went to retrieve some items of furniture that were in storage only to find that the company cannot locate them. This has now had to go through their insurance company who say they do not have a new for old policy and therefore the offer they have made me isn’t enough to replace the items. Does anyone know if I accept the offer from the insurance company, if I can then sue the storage company for what I feel should be the difference??

    Reply
  • mrs thomas 5 August, 3:02 pm

    please can you advise on my problem i perchased sofa and chair from large outlet i have had the items for 7 months the large soft arm cushions have frayed at seams and inside padding disslodged lumpy which makes for an untidy and unsightly furniture contacted the retailer who has informed manufacturer to come and repair the item but i dont want this as 7 months down the line the same problem will no dout occur what are my rights do have proof of purchase via receipt thank you

    Reply
    • h 12 August, 12:29 am

      The manufacturer is only obliged to repair the item or replace it with the same if they can not repair. Change of mind on the first fault 7 months down the line will not grant you any further rights

      Reply
  • Anne 16 August, 9:01 pm

    I had a workman install a new bathroom suite last month (July). After three weeks I noticed a leak from the bath which ran down into the kitchen below. I called an emergency plumber as the handyman who installed the bathroom was on holiday. The emergency plumber said the work was of good quality but a joint or valve must have failed, thankfully he only charged a minimal fee for his work.

    Today the original workman has put right the leak, which was caused by a faulty valve. I have been told that because it was a valve and not his work that I cannot claim the emergency plumber’s fee back, is this true? I was told that I have accepted the goods and services, when I signed that the job was finished, and so I cannot make a claim.

    Anne.

    Reply
    • Steph 3 February, 5:39 pm

      Hi Anne,
      I work in a property maintenence company and in my experience, if the valve was fitted correctly by your workman..it would be a bit unfair to be claiming off him! What more could he do, he did his job in fitting in. It is the VALVE that is faulty, not the workman. I would recommend contacting the valve manufacturer or the place it as purchased from like you would any other faulty product.

      Reply
      • Monty 27 September, 11:11 pm

        Steph, you are so wrong, what are you thinking?….. it is absolutely the responsibility of the tradesman to put this right (he can then decide to claim off the valve supplier) but the law is very clear on this…….. please stick to facts and not emotional opinion!

  • Mr M 17 August, 12:09 pm

    I bought a bathroom suite online, and at installation stage 6 days after delivery we noticed a 7″ crack along the side of the bath. I informed the supplier as soon as this was noticed and asked for a replacement, especially as the old suite had already been taken out. but was told by the supplier that i had only 48 hours to notice any defaults in the product. and the only thing they are prepared to do is offer me a new bath at cost price + delivery totalling £140. They tell me in written emails that they dont have to adhere to the supply of goods act as they are an online trader. They have no terms and conditions to accept prior to purchase and only send a small link to their terms in a confirmation email once the order has already been placed. I have tried emailing and phoning, but they are not prepare to replace the faulty item. what are my options

    Reply
  • Rizwan 23 August, 3:26 pm

    I purchased 2 x 3 seater sofas 5 months ago. We recently noticed that the front of the sofa under the seat cushions were developing bulges. The retailer arranged for it to be repaired. However the very next day about 5 more bulges became apparent where the chipboard under the seat cushions is coming away all the way along the sofa. Moreover the whole sofa has sunk down on in one corner by about 4cms ie it’s closer to the floor. I think the sofa is defective. As the retailer has already tried and failed to fix this, can I now demand a refund?

    Reply
  • Paul 31 August, 9:06 pm

    I purchased a Toshiba tv from Comet, last November. The sound is out of sync with the picture. Comet’s engineer considers it to be ‘within an acceptable parameter’. Personally I find it very distracting, especially when following discussions or music. Have I got a case to have a replacement, as they don’t seem to sort the problem?

    Thanks.

    Reply
  • jo 4 September, 4:21 pm

    Excuse me if this seems long winded.
    On 17th May 2010, I bought 3 Bridesmaid Dresses online it also runs as a shop. Waited a long time for them but they did arrive.
    I returned 1 dress that was marked and had unfinished stitching. It was also too big.
    They recieved the returned dress and on the 10th of June 2010 they sent an email that they would exchange soon.
    They made no contact or respond back to me since that email although I had emailed and called numerous times to find out what was happening.
    On the 24th August I managed to speak to someone regarding this matter. I have been told that they are now unable to get a dress of that size and colour. The two dresses I still have are now no use to me as I cannot get a match. If they had informed me that they couldn’t exchange it at the time I would have returned all dresses within the time period.
    They have said they will refund 1 dress but will not do anything about the other 2 as I have had them too long!
    It seems a long time to wait but I forgot to say on the website they advertise,

    -4 weeks for evening dresses
    4-5 weeks for wedding dress (excluding weekends and bank holiday`s)after payment cleared.
    4-5 weeks for Mum wear

    the confirmation of the order states,
    usualy for evieng dress ,will take at least 6-8 weeks
    for wedding dress ,will take at least 8-12 weeks

    So that was why we were allowing them time.
    I have looked at the sales of goods acts but not sure if they fit with my problem?
    Any ideas what rights I may have or not have?
    Thanks.

    Reply
  • Adele 13 September, 6:49 pm

    Hi, I’m looking for some advice on the Sale of Goods Act. I bought a washing machine from Comet in Oct 2008, so it’s not two years old yet. They sent me a letter last Oct telling me my manufacturer’s guarantee was about to expire, and offering me an extended warranty. I took out the warranty and have paid £10 per month for the last 11 months. My machine is now broken, and an engineer is coming to look at it this week. However, I have now been told that I have unnecessarily paid £110 over the last year as the machine would have been guanrateed under the Sale of Goods Act. Surely Comet knew this when sending the letter out? I have contacted Comet and asked why I was sent this letter when I would have been covered by the Sale of Goods Act, and the customer service advisor told me that the UK had opted out the Sale of Goods Act, therefore quoting the Act was worthless and only their guarantee would exist. Is she correct? Did the UK opt out? I feel like I’ve been conned by Comet into paying £110 I didn’t need to, as I was already covered, and I assume a lot of other people will have too. Any advice would be great. Thank you

    Reply
    • Alan 16 November, 1:25 am

      I know I’m commenting a bit late but reading this made me laugh at the incompetence of some customer service employees.

      The UK has not “opted out” of The Sale of Goods Act. It is a UK law that is not likely to be repealed anytime soon. I am astonished that the customer service advisor stated that. In effect the advisor said that you had no statutory rights and your only remedy was via their warranties. This is a criminal offence.

      When you accept a retailers warranty, it is an addition to your statutory rights, not a replacement of them. The retailer is under no obligation to explain your rights under The Sale of Goods Act, but neither can they mislead you as to what those rights are.

      Reply
      • Monty 27 September, 11:32 pm

        Just to add to Alan’s comment and summarise; the only benefit of manufacturers warranty is that normally they will repair/replace without fuss, otherwise they are useless, the real statutory instrument is SOGA and is supported by plenty of precendent or case law; in your case the retailer is under obligation to repair or replace faulty goods ( 6 years is the guideline for durability for white goods under SOGA!). Problem is retailers like Comet try to fob you off (tho’ never heard such level of incompetence that you were subjected to!!!), be persistent and use your local trading standards office, that’s what they are there for and you are paying for them!

  • razz 13 September, 8:52 pm

    purchased a sealy matress from bensons less than a year ago. Has dipped and not fit for purpose. Bensons have said they will replace like for like. I feel the dip may happen again with same product. Are we entitled to a refund as the item is not fit for purpose?
    many thanks

    Reply
  • maureen walrond 14 September, 2:01 am

    On three consecutive periods I have been informed of a phone bill via a customer service advisor and based on their word of mouth, I have paid my phone bill without evr having received an invoice, for which I have been informed I am been charged £5 plus for invoicing.

    The phone company (BT) have continously failed to deliver invoices and have failed to confirm usage or investigate the problem, I only become aware there is a bill, as each time one was due, I have been disconnected. I am continouslyting disput this through a call centre in India but with no success and verbal insults.

    I am not refussing to pay for what I owe but I wish to recieve confirmation of my usage, what are my right’s?

    Reply
  • Chung 20 September, 4:00 pm

    Please advise,

    Purchased a designer pair of glasses and lens for work use from Vision Express.
    After 6 weeks of use, while gently cleaning the lens, one of the screws holding the lens snapped clean in half.
    Returned the frames the following day and was offered an exchange on good will. Apparently the damage is not covered by the manufacturers warranty.
    Returned home, and found the nose pad needed adjusting, and tried to adjust myself and in the process snapped the frame that holds the nose pad.
    Went to return the second damaged frame the next day and was refused an exchange because I adjusted the nose pad myself.
    The staff member said that I should have got them to do the adjustments instore, which would be all well and good, however; I explained that their after care was poor, because on both occasions that I got my frames, this service was not offered, and on the first occasion of picking up my frames I adjusted the nose pad myself in front of their staff member!
    They apologised and said they would be more vigilant with their service, but on this occasion there was nothing they would do.
    After an hour in the store trying to reason with them, called customer services to complain about shoddy service. It was after speaking to customer services that the assistant manager was willing to make a comprimise.
    He said if I take out their insurance policy and pay the excess amount of 25% then I could replace my frames.
    Felt trapped into taking the offer at the time otherwise I would have to pay Another £210 for new frames.
    On accepting the offer, it was only on the third time did they bother to adjust my frames for me, and it turns out the nose pad didn’t need adjusting! Instead he adjusted the arms of the frame.

    It was because of this I felt very annoyed and wrote an email to their customer services again to complain, asking for a refund for the insurance and excess, to which they replied back saying that because I broke the frames myself, they would not be willing to help.

    What action can be taken? or am I just wasting time clutching at straws?

    Many Thanks.

    Reply
  • Lee 21 September, 3:59 pm

    Hi, I bought a laptop at a well known high street dealer a few weeks back with the advise of one of their sales team in store that it would run certain game titles one of which I purchased with the machine. I have now had a chance to install and try the application only to find the graphics card and processors in the machine are not up to the job of running the game properly. I want to take the laptop back, add extra money and get another laptop which after looking at reviews I know will suffice but after phoning the store they say I cannot return the product as I have opened it. Is this right?

    Reply
  • Jake 26 September, 6:08 pm

    hi, my xbox 360 broke for the 4th time the other day, although this time it’s out of warranty and costs £68 to repair. It’s the original xbox 360 premium and i still have the receipt and the box that it came in, however i no longer have the games it came with. I’ve had it since December 2006 but when it’s been repaired by microsoft in the past they have replaced my xbox on one or two occasions so the xbox isn’t the exact same xbox i bought from the retailer back in 2006, so i was wandering if i’m still entitled to anything from them under the ’sales of goods act’ please help me out ASAP.

    Many thanks,
    Jake

    Reply
  • Jim Flavin 27 September, 9:21 am

    Why are patio tiles/slabs described as 600X600 smaller by as much as 5mm? Surely this is a misleading description.

    Reply
  • Anthony Hawkins 7 October, 10:29 am

    I bought a new 3 piece leather suite from DFS last week. Unfortunately, one of the armchairs has a foreign object between the outer hide and the inner lining, causing an unsightly lump on the top of the arm-rest. Also, the same arm on the same chair has a length of cosmetic stitching missing, again clearly visible. Both these defects make it impossible for me to enjoy the chair. Do I have a legal right to request an exchange of this chair? The store manager has offered financial reduction, but this is not what I require, as I am like the suite very much indeed. I do not like these two defects. Could you tell me if I am legally entitled to a replacement chair, please? The suite,as I said, was delivered new last week and I have been at odds with the store manager ever since. Thank you in anticipation,
    A.R.Hawkins

    Reply
  • James 9 October, 12:26 pm

    Hi,
    Purchased a Sony Ericsson Vivaz (as a pay and go phone) in March 2010. I have had some minor software faults which I managed to sort by doing a master reset. I recently had a problem where the phone would not charge because the charging port kept coming out. Many people have had this problem and Sony Ericsson have put it down as a design fault on the device but haven’t refunded people due to “wear and tear”.

    Anyway, I took my phone to Carphone Warehouse and it has been sent to the manufacturer for repair. I was originally quoted 14 days for repair but on the repair tracking website it says that as it has had to go to the manufacturer for “high level repair” that it usually takes 28 days.

    Obviously, I was sold a faulty product but chose to have it repairs. If I had chosen to, I could have got a full refund (?). If the repair is successful within the 14 day period, I will be happy however, what options do I have, in terms of getting my money back, if the fault is not fixed or it takes longer than the quoted time?

    Many thanks,
    James

    Reply
  • Brian Mu 11 October, 1:03 pm

    I bought a refurbished laptop last year on-line and since then it has broken down 4 times (the same problem each time, the graphics card just went and stopped working) and each time it broke down I has to send it back to get it fixed. Now the warranty has finished and once again it has broken down again with the same problem.

    Any advice anyone?

    Reply
  • lokesh 12 October, 7:45 pm

    hi.i purchased a dell 1764 from PC WORLD on the 4th of aug 2010.i used it for a week and noticed few problems in it, although i did nt contact the customer care as i was busy with my exams.i contacted the dell customer care on the 6 th of sep and they after a clear scan found out that a part in the mother board was nt responding and needed a replacement ,and also the hard disk needed a replacement also there was a issue with the speakers and was promissed to replace it.They took the laptop for repair on the 10th and returned it to me on 14th. i after using it for a day or two i found some more problems in the laptop.the speaker which was earlier reported to be faulty was again buzzing,the cd drive made weird noises and was running at a more than normal spead,the power option shows error that the charger inserted is not the right one when it is actually the right one(this happened earlier as well when the mother board was replaced). i reported the customer care once again regarding this issue and they said the same old story of replacing the required parts.but this time i again insisted them to replace the whole laptop but they did nt agree to it.They then said that i have to contact pc world coz i have bought the laptop from them.pc world here says that they need authorisation from dell to replace the whole laptop and later on changed their tunes saying that i have already reached the 28 days replacement period and they cannot do it any more and can only replace the part.
    what do i do whom do i blame for this problem.can any body please advice me regarding this.please tell me am i still eligible for a replacement fact being that the laptop is more than 28 days old.??

    Reply
  • chantel 16 October, 8:48 pm

    Hi I bought a sofa from DFS that was made to my specification. The sofa was faulty on delivery. I rang them straight away to complain about the faulty sofa. A manager came round two days later to inspect the sofa and found that the back support had caved in and the there was white stitching visible on an all black sofa. I have bought the sofa on credit but I would like to return the sofa. The manager is refusing to offer me a refund but says I can get a repair or exchange for a new sofa. I just want a refund. Can you please give me some advise.

    Reply
  • grace mcgarry 31 October, 9:31 pm

    Purchased Fridge Freezer from Comet Sore, Auldhouse, Glasgow approx. 3 years ago with Credit Card.
    Now Freezer Section is faulty, What are my statutory rights? What should i do?

    Grace

    Reply
  • Debbie 3 November, 2:21 pm

    Hi there,

    Can anyone help me please… It may seem trivial but ASDA are refusing to allow me to return a pair of Mens Slippers after 7 weeks because they have a “28 day policy”?? I tried to argue that they werent safe nor fit for the purpose intended (the whole stitching around the rubber base came apart and the top half of the slipper came away from the sole, literally). I was told that the instore Manager deemed them to be over the 28 day period and because i couldnt get back to the shop within this time, i have no right to refund or even a replacement.

    I’m confused and really need some guaranteed advice on where i go with this now?

    Thanks

    Reply
    • Rick 18 November, 6:34 pm

      Debbie,

      All I can sugest here is that you request the policy wording for this 28 day policy as it may exclude certain items.

      Also when did you report the problem and when did the problem(s) first occur?

      Reply
    • sylvia 6 May, 12:05 am

      the item is faulty so you have 6 months whatever their blabla says, when you read the soga.

      Reply
      • Monty 27 September, 11:37 pm

        Debbie, 7 weeks is totally unreasonable under SOGA, you were fobbed off by an ignorant employee, next time speak to the manager, be persistent and if necessary refer to your local trading standards office……. often we come across employee ignorance or misplaced loyalty as seems to be the case here1

  • Jules 3 November, 6:45 pm

    I purchased a Philips Ambilight TV in September 2008 on a HP agreement from Currys with the finance with HFC Bank. The TV is off all day and is only used for about 4-5 hours at night. We have a main switch which turns all the power off for all our appliances to save energy. When I returned home from work yesterday I noticed my TV had a a dark shadow running down the centre of the screen. I therefore contacted Philips Customer Service who said they will send someone round to take the TV away for a few days which will cost between £40-80 and then they will call me a couple of days later and give me a price for repairs. When I challenged them about how bad this is to pay £1,000 for a tv and then when there is a problem you have to pay for them to tell you what the problem is which and be left with no TV and a great big hole in the wall this is not good. Philips then said they will pay 50% of the repair bill as a gesture of goodwill. I still don’t think this is reasonable considering the short period of time I have had it.
    Philips told me that they will have a look to see if they can do something out of goodwill and told me they would call me at lunchtime today. It is now almost 5pm and I have not recieved a phone call. I am just wondering if it’s worth pursuing Philips or is it down to Currys or HFC???

    Reply
    • Rick 18 November, 6:30 pm

      Jules,

      Have you checked your warranty wording and term?

      Reply
  • Jon 7 November, 4:14 pm

    Adele

    Comet are very wrong to advise you that the UK has opted out of the SOGA. This is an ACT in UK LAW. How can we opt out of our own acts. This is one of your statutory rights. You did not have to buy the extra warranty because SOGA gives upto 6 years for repair or replacement only if the goods would normally last this long. A washing machine should last longer than 2 years as long you have looked after it and followed the manufactureres instruction on use and care of the machine. The Consumer Protection from Unfair Trading Regulations 2008 states that a company must not omit information that could make an average purchaser change their mind. Had Comet have told you, you may be covered under SOGA you might not have bought the warranty therefore they could be in breach of this regulation.
    I would write a letter with this information and see what they say. Ring consumer direct they will help you word the letter.
    Good luck

    Jon

    Reply
  • Stuart.N 10 November, 9:17 pm

    I bought a PS3 24 months ago £320. It only had 1 years waranty with it. I contacted playstation services and they said because its out of waranty i now have to pay £130 for a remanifactured one. They also said that only 0.5% of PS3′s have problems but every person that i know has had to send theirs back or to get a new one. Wat can i do to resolve this problem with sony?

    Reply
    • Brett 12 November, 3:18 am

      Hi Stuart.

      I’m currently in the process of having my own PS3 sorted.
      It’s broken down 2 times before, resulting in it being repaired by gamestation, and now the 3rd time (2 weeks after repair).

      Who did you purchase your console off, as they are who your contract of sales is with?

      Under the SOGA, you have upto 6 years for repair or replacement depending on the item. To my understanding a PS3 should last more than 2 years!

      Reply
    • Alan 16 November, 2:15 am

      Under The Sale of Goods Act your entitled to seek a remedy from the retailer you bought your PS3 from (hope you’ve still got your receipt). However, they will probably try to fob you off with telling you that you have to deal with Sony direct.

      The info from Sony stating that only 0.5% of PS3′s have had problems should lead to the conclusion that it would be reasonable to expect a PS3 to last longer than 2 years without developing a fault if looked after properly. Therefore the retailer should offer to repair or replace the PS3 at their cost.

      Reply
    • Rick 18 November, 6:28 pm

      Stuart,

      Unfortunatly if the items warranty has expired and the fault was reported after the warranty expired theres not alot you can do under any act.

      Have you checked the warranty term from both Sony and the place you bought the item?

      Reply
      • Red Cardinal 16 January, 11:53 pm

        Ignore Rick’s reply above and go with Alan’s excellent reply.

        Rick, have you heard of the SOGA? Whether you have a warrenty or not is irrelevant. In fact it could be argued that Warrenty’s are a complete waste of money as the time period they cover should be covered by the SOGA any way.

  • betheebee30 13 November, 6:56 pm

    I bought a lamp I saw in the window at a shop in bath. I was given one already boxed and taped up. On opening it I found it was broken, phoned the shop and they deny any responsability. What are my rights? Help needed, thanks

    Reply
  • Steve C 25 November, 11:31 pm

    Hi

    I purchased some materials on the web, but on receipt realised I’d picked the wrong items and so refused the delivery (about 500kgs on a pallet)and the consignment was returned to the supplier. They have refunded the card payment, but deducted the original carriage charge and a further charge for the cost of transport back to them by the haulier. Is this correct, or can I ask for the rest of my money back?

    Regards
    Steve C

    Reply
    • Steph 3 February, 5:47 pm

      The fault was your for picking the wrong items, not theirs so i’m afraid they are well within their rights to deduct delivery charges.

      Reply
  • darren 27 November, 7:36 pm

    I recently bought a ipod touch from argos and when i got home and checked it there was no ipod in the box.argos are now saying its my fault and wont refund or replace it am 170 pound out of pocket

    Reply
  • alan 28 November, 12:07 pm

    An online auction called bidbid had adverts on its home page saying you can win 100 pound or more auctions for as little as a penny. I had to buy credits to bid with. Each bid cost 50p. They seem to have bidders working for them to out bid you but on at least 3 occasions I won an auction being the last person to bid when the auction stopped yet on all occasions when I won. The auction was giving to the person who bid before me when they didn’t win. So it seems that they have the auctions set up not to let you win at all. I spent 34 pounds and wasn’t allowed to win an auction even when I did win. So does this mean their advert saying you can win goods worth over a 100 pounds for a penny are untrue and missleading. The reason I know I won at least 3 auctions is because they have a bidding list with peoples names who bid. I was at the top of the bidding list at least 3 times yet it said the person under me won the auction. That has got to be fraud or theft surely. What are my rights.

    Reply
  • sarah withers 30 November, 8:23 pm

    i bought a twin pram from a baby shop in an indoor market, they told me that they would get me a head hugger for the pram. When i recieved it there wasnt a head hugger in there, so i phoned them up and they said they couldnt get me one to match my pram, so i asked for a refund as i didnt recieve what i was told. can i have my money back?

    Reply
  • Vicky 5 December, 12:29 am

    I purchased a few bathroom products from Argos in January 2009 when I moved into a new flat (soap holder, curtain rail, toilet brush etc).
    The products are supposedly made of stainless steel. However, they have all rusted very badly, even the ones which are not in direct contact with water from the shower.

    I wrote to Argos along with photographs of the damaged products. A guy from customer services replied to me saying that since it was more than 1 year since purchase, the onus was on me to prove that there was a manufacturing default as per the Sales of Goods Act.

    He suggested that I should contact an independent professional who would need to produce a report which asserts the fault, where it originated and whether it is a manufacturing fault. They also said that they would refund reasonable costs.

    My problem is that an independent report (I don’t know where to get this) may cost me much more than what Argos would be prepared to refund me.
    Are they correct not to refund me the faulty products based on the fact that the Sales of Goods act 1979 says that customers can claim redress up to 6 years after purchase?

    Reply
  • honoria Sasse 5 December, 10:25 pm

    I bought a mobile phone 6 months ago from O2. It developed a fault after 6weeks that the shop fixed for me, but then developed another fault. The shop then returned the phone to the manufacturers for repair. It was returned minus the battery after about 10 days. After anothe week a battery was returned to me, but once again after another few days a fault appeared. I returned it to the shop and they once again sent it back to the manufacturer. I have now had a replacement phone returned that is a reconditioned phone, ie second hand!! I do not want a second hand phone or any other phone from that manufacturer. Can I get my money back from the seller? ( O2)

    Reply
  • Slavomir 7 December, 10:08 pm

    Hi, I recently bought a game from a game company in a store in my country. I installed the game, used the cd key given , worked fine, but after I logged out a realized that somebody probably remote accessed my computer and logged made me log onto a false account in order to steal my cd key. I made a new account but the key obviously didn’t work. As soon as I found out I contacted the companies support by email. They responded but wont provide me with any information where my cd key is registered. I provided them with the photo of the media, receipt and the cd key but they refuse to help me, even though I keep notifying them about a possible piracy case. I think as a customer Iam entitled to use the product that I paid for, but the company is denying me my right. Is there something that can be done about that, or they can just simply dismiss me saying its my fault ? Because I feel that my customer rights are being violated in this case.

    Thank you for a swift answer.
    With regards
    Slavomir Hruska

    Reply
  • John Walker 8 December, 8:35 pm

    I have a problem with a Cannon “Kendal” electric cooker which we paid for on 27 Nov 2009, and took delivery of on 5 December 2009.

    The electronic timer display started to flicker about 2 weeks ago, getting worse each day and is now still flickering but also the digits are barely visible. I spoke with Cannon service centre hoping they might help but was told the appliance was outside its year guarantee period and a service charge of a substanial amount(£100+)would apply.

    I refused, and am now going to see if the seller “Contact Electrical” will help, and take responsibility under the Sale of Goods Act.

    I am not sure if this is the correct way to go, or when the guarantee actualy began and expired. We paid for the item on 27 November 2009, but did not take receipt of it until 5 december 2009.

    If neither party wishes to take responsibility, after only a few days beyond the guarantee expiry, what do i do then?

    The cooker cost us over £450.

    Reply
  • Paul Rich 22 December, 4:31 pm

    We ordered a sign for our business. The company supplied the sign which was unusable due to the fact that the quality was unacceptable, for instance our logo – a flower with flowing curves -was cut in such a way that it looked as though a seven year old had cut around a template with a fret saw – it was blocky and in no way acceptable. Furthermore, the other components of the sign were incorrect with the wrong wording and basic grammatical errors.
    The company delivered the sign and received a cheque, however, the following day I saw the sign for myself anad asked the MD to cancel the cheque – this was done immediately. I phoned the company to inform them that the signage was unacceptable and that the cheque had been cancelled. They said that they could look at the sign though accepted no responsiblility for teh lack of quality. Later, upon reflecting on the service we had received I emailed them, informing them that I was not impressed with what they had delivered and that we did not wish to have them do this work – effectively cancelling the contract and asking tehm to arrange to collect the signs . I phoned the company again and described why I had taken this action, and again asked them when they would collect the signs; I was told it wasn’t worth them doing this.

    Today we received a letter from the company quoting the Bills of Exchange Act – that it was unlawful for us to cancel to cancel the cheque and that they would be instigating proceedings to pass this on to a debt collection agency. Or, to pay £500 (the original cost for the signage was £1000) for the plastic signage – which is basically unusable.

    I believe that under the Sale of Goods Act, we are within our rights to cancel the contract and should the company not wish to collect the plastics that it their decision. Also, if they did bring proceedings would they actually stand up in court?

    Sorry this is a little long winded but any advice would be gratefully accepted.

    Many thanks

    Reply
  • richie 28 December, 11:54 pm

    i bought a used car but the car engine management light was coming up,so i called the dealer and he offered to repair the car,but instead of repairing the car they removed the engine management light from the dashboard,i noticed this immediately and i took the car to nissan dealer who confirmed that the light has been taken off,what should i do because i want a refund.

    Reply
  • Ian 6 January, 4:46 pm

    I bought a brand new hand built kitchen made from pine about 18 months ago. Since installation the doors and units have continued to shrink and swell. The company have been out to us on 4 occasions to replace broken catches and shrunken doors. The new doors just shrink the same as the old ones. I would like my money back as this kitchen will never be right. How do I stand? Is it worth me trying?

    Reply
    • Jon 15 January, 9:19 pm

      Ian

      Did the company explain to you or is it listed in the terms and conditions that a hand made kitchen can swell/shrink?

      If they didn’t tell you then you can use Consumer Protection from Unfair Trading Regulations 2008. This act makes it an offence to omit information that could sway you decision to purchase.
      i.e. If the kitchen company had told you that the doors may swell/shrink then you may not have purchased the kitchen.

      If the swelling / shrinkage is causing damage that needs to be repaired so that the kitchen is functional i.e a door has fallen off then I would class this as “Not fit for purpose or Not Durable” under the SOGA. Any reasonable person would not expect a kitchen door to fall off or need repair within 18 months of use.

      Hope that helps.

      Jon

      Reply
  • Jen 12 January, 4:42 pm

    My husband and I contacted Lancashire Double Glazing to ask for replacement roof panels for our conservatory roof after other workmen damaged the existing panels.

    There were roof blinds attached to the roof – I did not know how to remove these as they were fitted by a blinds company. I asked the Double Glazing fitter if he could be careful not to damage these, he said he would try not to damage them.

    Once he had fitted the new roof panels he said one of the wires holding up the roof blinds had come undone and I should phone a blinds company to get it sorted out. Very upset there is now yet another job to be fixed due to workmen my husband has asked the double glazing company to sort it out. They have implied it was broken prior to the fitter’s arrival and in any case it should have been removed prior to work commencing.

    Do you know if we have any rights in this case? It’s very frustrating to see one workman after another leave us with something else that is broken.

    Any advice would be very, very welcome,

    Thanks,

    Jen

    Reply
    • Jen 12 January, 8:14 pm

      Hello, me again, well I managed to fix the blind myself, which has left me very happy, but I am concerned that the company were quite happy to leave us with a bill for a new conservatory roof blind. Very disappointed there are companies who operate in this way.

      Reply
  • Julian Seago 13 January, 1:45 pm

    In February last year I purchased a full set of Falken tyres for my BMW X3. I specifically asked the tyre fitter if there was any difference between this tyre and a premium brand to which the response was no. My vehicle has since developed a knocking noise coming from the transmission box. After putting it into a garage and obtaining advice from Falken’s technical help line I have been told that the tyres are incompatible with the vehicle. This is apparently common knowledge which the fitter / supplier should have known. As the tyres had only done approximately 5000 (I would expect a lifespan 25000 to 30000 miles based upon previous history) I approached the tyre fitter who was only prepared to offer a slightly discounted replacement premium tyre and not refund the cost of the Falken tyres. I have had to take time off work investigating this problem and have incurred garage expenses as well as the cost of the tyres. Am I not entitled to some recovery.

    Reply
    • Jon 15 January, 9:10 pm

      Julian Seago

      If the tyres are not fit for purpose then you will be entitled to refund under SOGA. The tyre company as professionals should have warned you that the tyres are not suitable for this vehicle. Any reasonable person would expect a tyre to last for approx 25K+ miles. You even asked them if they are any different to premium bands.
      The key words you need to use are “Not fit for purpose” and “Reasonable”. These are listed in the SOGA. As 6 months have past it is down to you to prove that the tyres are not fit for purpose. You would need to have a specialist report drawn up and sent to the tyre company to prove that the tyres are at fault.

      Hope this helps.

      Jon

      Reply
  • Liz 16 January, 12:39 pm

    Hi I bought my daughter a North Fact Nuptse jacket for christmas and as it is white it needed a wash last week. I was extremely careful to wash is as per the manufacturers instructions but it still turned out a complete disaster. It is flat as a pancake and covered in what looks like tea stains which I think are probably caused by the colour coming off the down inside. I took it back to the shop a bought it from yesterday and they said basically I have to take it up with North Face and not them. They took the jacket off me and are sending it to North Face but the lady in the shop said North Face will probably not replace it and the shop probably won’t because she waid they don’t have to and why should the shop be out of pocket. I am really upset that I am now out of pockiet when I didn’t do anything wrong.

    Reply
  • richard marsh 16 January, 3:16 pm

    Hi, i’ve bought a 2nd hand computer notebook for xmas. When turned on for the first time i tried to register the internet security provided by the retailer (Mcafee). Before it finished installing the notebook crashed. I took it back to the retailer who ran tests and said it was fine but had a virus. He claimed to have fixed FOC and i took the product home. The second time i turned it on the same thing happened. This time the retailer said he could not help as it was virus related and not a hardware issue. Do i have any rights in this situation?

    Reply
  • Jason 20 January, 1:18 pm

    Hi

    I have a problem with a 2 year old iMac I have. It’s the 3.06 GHZ, 24″ screen with a Nvidia 8800 GS graphics card. It was fine for about a 18 months, and then the screen keep freezing (I think due to heat) and that I’d have to turn it off for about 40 minutes. Problem is this is after less than an hours use.

    I’m not a heavy user, and reading on several forums I seen loads of posts about this issue. Normally within a few months of people having the machine, but like I say I’m not a heavy user which is why I think mine has lasted longer. The graphics card in this machine is one from a Mac Pro (the tower) underclocked to work slower for the iMac. It’s underclocked to keep heat down, given that there’s a lot less room inside an iMac than the towers that they were originally in.

    I’ve been down the Apple Genius Bar and discussed with one for the guys there, who running a few tests said that the machine was fine and that it might be a software issue. I’d done everything bar wiping my drive and starting again, which he said would be best thing to do as it might sort out any conflicts.

    I’ve now done this and was slowly putting programs back onto my machine, when it’s finally given up. I believe the graphics card has burnt out and I’m going down to see Apple again tonight, but I’m wondering if this product is “fit for purpose”? Given that’s it’s a premium product. I paid just under £1400 for it and would expect this machine to last me about 5 years, and only then because it would have been superseded by newer machines. This is my 3rd Mac, I still have all my others and they all work fine (be it a bit slow).

    I’m just wondering where I stand on this issue?

    Reply
  • oliver beal 21 January, 3:46 pm

    hello,

    my playstation 3 has stopped working. the issue is a common fault with them. i purchased it from “game” for £375 on 6th june 2007. Can i do anything through the sales of good act? my friend seemed to think so because of the value!?

    many thanks

    oliver

    Reply
  • vic jackson 28 January, 11:16 am

    LG F1403FD PURCHASED COMET 2008 £566.46, ALL INSTRUCTION COMING OF FRONT, NOT MADE FOR DURABILITY.OR FIT FOR PURPOSE 1979 SALE OF GOOD S ACT.LG SAY COSMETIC, COMET SAY COSMETIC. I say not fit for purpose, Manfacturing or design fault. we purchased the expensive machine to last could have bought two for same price.
    with out instructions on front white elephant,We live in purpose built disabled bungalow washing machine

    Reply
  • Graham 28 January, 3:54 pm

    While on holiday in Greece last year I paid for an excursion for a Saturday Trip through our holiday tour rep. The excursion was then cancelled due to bad weather and the tour rep told me that he would rebook for the following Wednesday. Consequently, I was informed on the Monday that I should have attended the excursion as it was rebook for that day. I am now in logged heads with the major tour operator as they won’t refund the money I paid as they say it was my fault in not contacting the tour rep on the Sunday. As I was already told it would be rebooked on Wednesday why would I need to see the Rep on Sunday, and what law will back up may claim as the sold me an excursion with a misleading date.

    Reply
    • Monty 19 April, 12:47 am

      You are absolutely correct. Contact your local trading Standards to take up your case.

      Reply
  • joe 29 January, 5:02 pm

    i purchased a tv from comet three and half years ago, my extended warentee ran out 6 months ago. my tv has now got a green line going down the front of the screen, i paid £1300 for the tv and dont find this acceptable wot are my rights

    Reply
    • Monty 19 April, 12:45 am

      In my opinion it is unresonable under SOGA for the TV to fail after such a short time. Your first recourse is to the vendor explaining the TV is not of satisfactory quality as set out by SOGA. If no satisfactory result then enlist support of your local Trading Standards

      Reply
  • Mitch 15 February, 4:54 pm

    My daughter received a new netbook/laptop from Tesco for her Christmas and was over the moon at getting this, however there appears to be a problem with the LCD screen in the top left hand corner where the picture was all distorted, this has since turned into a black line across the top of the screen and it’s impossible to use properly and my daughter is distraught as Tesco are blaming her for apparently opening the laptop by the corner when she shouldn’t have been. She hasn’t been doing this, and I find it rather insulting that a Tesco member of staff can be so cheeky and assumptive. She has only had 6 weeks use out of the laptop and Tesco are telling us that this type of damage is not covered under the years warranty, surely this can’t be correct?

    Any help would be greatly appreciated.

    many thanks

    Reply
    • Monty 19 April, 12:41 am

      In my opinion you are on solid ground and just met a ‘jobsworth’ at Tesco. First, it shouldn’t be necessary but might be worth looking in the instructions to see if there is a specific requirement to open the lid from the centre, irrespective, escalate to the store manager at Tesco, assuming you bought in store. Otherwise speak to your local trading standards and request that you can invite Tesco to call them directly for confirmation of your case……….. i suggest this with complete confidence that TS will back you up.

      Reply
    • Paul Rich 18 May, 12:08 am

      Hi Mitch

      As Monty said, you are on solid ground. Any laptop lid should be able to be opened no matter where you grasp it – the assistant at Tesco is simply talking b@*l!*@. It has developed a fault and is unfit for purpose therefore valid for repair or replacement under warranty. The only way you would struggle if there are any physical defects on the machine that could be construed that the laptop had been dropped and hence caused the problem. My advice is to take it into the shop, explain the defect and tell them you want it repaired or replaced. Generally they’ll send it off and would have anew screen fitted. Don’t take ‘no’ for an answer, if they get shirty, ask to see their boss and upscale it until you are satisfied. Hope that helps.

      Reply
  • Andrew 26 February, 8:48 pm

    I purchase Land Rover parts from UK vendors on a regular basis and because they have to be shipped to me in Canada a large portion of the cost is shipping.

    If something fails within 12 months (warranty) am I expected to have to pay the shipping both to return the failed part and to have the replacement part sent back to me? Here the vendors always pay to send the new part out if a product is under warranty but you need to pay to return the faulty one.

    The other one is I have in several cases been shipped incorrect orders or orders missing items and then been completely ignored by the vendor, they seem to figure that since I’m so far away there’s not much chance of my showing up and giving them a black-eye for being incompetent/rude. This has left me with about 2500GBP in loses due to things like incorrect doors arriving, items too big to ship normally and when containerized I don’t find out the items are wrong until 3-6 months after placing the order and paying. This is very frustrating. Is there something that can be done to recover my shipping losses other than resorting to Moneyclaim which as a Canadian seems excessive as we’re not particularly comfortable resorting to courts for solving what should be a petty claim for refund of costs.

    Reply
  • Unhappyguy 12 March, 7:47 pm

    I recently(3 weeks ago) bought a 2007 Ford Five Hundred from a dealer. Worked perfect at first about a week later The car started acting funny. A light came on and then my car started slowing down nearly getting rear ended by a truck on the road I pulled over. I cut the car off then tried to crank back up. At first attempt it wouldn’t but second time it did, then pops on the check engine light and stays on. I checked my manual for the other light and it send it was the “Throttle Light”(wrench symbol). I called the dealer they recommended me to a mechanic, the mechanic checked and found 2 codes one being the throttle..so he reset the codes and told me the car should be fine and that he wanna waits until it happens again…I wasn’t happy with that at all, but I drove the car home it was fine well about a week after that(second week) it started to happen again….at this point i’m fed up and I don’t want the car anymore…I feel that I should not have to be getting work done on a car already that I just purchased especially when the dealer told me that I shouldn’t have any problems any time soon. Can I use the Sale of Goods Act to get my money back or is there any way that I can get my money back because I don’t want this car anymore?

    Sincerely, VERY VERY UNHAPPY BUYER!!

    Reply
  • abdul jawad 5 April, 1:20 pm

    hi,
    i purchased garone from asda where as when i opened the box it turned out hibba and was also expiredz.. I went back to asda and they told me that they can not refund hibba for hygenic reasons. i was very dissapointed as i wanted garone not hibba.
    i wish you can help me.
    thankyou ajawad

    Reply
  • dean 8 April, 1:44 am

    I purchased a new LG TV online from a website which developed a fault after 7 days. LG the manufacturer have looked at the TV and decided after 3 weeks it cannot be repaired and that I need to return it to the retailer for a replacement or refund.

    The retailer has stated I need to return it to their base to get the refund or replacement. The TV is too large to fit in a car and transport there myself, I also no longer have the box to package it back by currier and I also don’t wish to be out of pocket paying for a currier.

    What rights do I have here? Is it my responsibility to return it at my own expense, or is it the reponsibility of LG or the retailer to arrange to collect it.

    Thanks

    Reply
  • Helder 8 April, 6:26 pm

    Good day
    I am from South Africa and purchased parts for my vehicle from a company in Scotland via online in January of this year.
    they organized everything including courier to me, but the parts never arrived. I cant track the goods down because the type of postage they send it on does not cover tracking.
    Please help, who can i go to for help. Because of the distance I am struggling to get any answers from them.
    Any help would be appreciated.

    Reply
  • jonathan fe 11 May, 6:20 pm

    i bought a car last year from a franchised main dealer. it was just out of warranty and i didnt get an extended warranty. but within the first month i had a fault that was rectified as a gesture of good will.
    now not even a year later i took my car into my local main dealer and they diagnosed two problems which apparently are common known faults on my specific car..they even showed me service bulletins that stated the parts were not good and that there are uprated parts to replace them with.. i argued this point with the dealer i bought the car from stating i would like the problem fixing but they keep telling me i have no warranty so they arent fixing it even though i stated its my statuary rights
    am i wasting my time in thinking that they should be sorting it as its a recognised fault that is supposed to be fixed with upgraded parts?

    Reply
  • A Kennedy 12 May, 4:41 pm

    Hi there,

    My wife bought a sofa from DFS 2 weeks ago, we quickly realised that it would be too tight for our Lounge and contacted DFS 3 days later, before any finance had been confirmed to try cancel, the salesman said that he would cancel order, at which point my wife asked to double check that she would not be liable to pay for this order, he confirmed this but being a saleman he was still trying to get the sale and try to get us back in for new order. Since then we have gone out and bought another sofa from another vendor in good faith thinking th last one was cancelled. We then received confirmation of our finance being approved by 1st deal with DFS.
    When we contacted the DFS shop manager he says, sorry but his salesman was incorrect and we cant just cancel the order, surely this is misinformation and now we have 2 Sofa’s coming in approximately 10 weeks….help, obviously we would not have even attempted to order another sofa if we had not been misled.

    Reply
  • Gareth 18 May, 1:44 pm

    Hi, I bought some brakes for my mountain bike direct from a manufacturer in Italy in January, they arrived a short time later but one of them is not as powerful as the other. It is now unusable and needs to be repaired. I’ve contacted the manufacturer and UK distributor and only the UK distributor has got back to me so far, saying as i bought direct then they wouldn’t normally get involved but in this case they will and I’ve to take the brakes to a local bike shop to be looked into. I want to know whether I am covered for any costs involved as there has been no crashes or external influence to cause the failure that has happened?

    Reply
  • Emma Charlesworth 18 May, 3:36 pm

    I purchased a car seat in October 2010 for my daughter. On Sunday 8 May the harness broke whilst my daughter was seated in the seat. It was returned to the manufacturer who (without consultation with me) have simply repaired it and sent it back to me. I am loathe to use this car seat as all the advice is not to use second hand car seats or repaired car seats as they may not be as effective. Do I have any rights to ask for a new seat or refund? They manufacturer are saying it has been repaired to a satisfactory standard. Many thanks.

    Reply
  • karen 19 May, 1:24 pm

    Hi there
    I upgraded my existing mobile phone contract over the telephone. I contacted them after two days to cancel the contract but was informed that there is no 7 day cooling off period because I am continuing an existing contract. As it was a new phone and a different package, I believed that I could return it and cancel during the 7 days. Can you please advise me on this matter.

    Many thanks

    Reply
  • Brenda 19 May, 1:37 pm

    Hi ive just found this website and wonder if anyone can help me please, my daughter got a acer 5732z laptop bought for her by her grandad for christmas 2009 but in the beginning of this year 2011 it stopped working it will not power on ive been in touch with coment and also with acer but they will not help and acer want to charge me over £200 to repair it, my dad payed £450 for this laptop and i was just wondering if i have a case under the comsumer rights acts,if i do how do i go about this please help me if you can any advice would help me. thank you.

    Reply
  • kevin manners 22 May, 10:17 pm

    I am fed up with buying very expensive’ ‘last a lifetime’ ‘energy efficient’ light bulbs that fail within a month or two. What are my consumer rights please. How do I prove they have failed? How do I prove when they were bought as a receipt will not identify the bulbs ?

    Reply
  • Dave 26 May, 12:53 pm

    Hello, I’ve bought a bed over a month ago and paid in full. Due to house moving problems, I’ve had to delay the delivery twice by a couple of weeks each time.

    Today their warehouse called me and said they no longer do the bed I ordered and asked me to go to their store and choose another.

    Surely they should have put one aside for me in their stock, what are my rights here? Many thanks

    D. Whitehead

    Reply
  • Diane 2 June, 11:09 pm

    Hi, I recently enquired about having a bespoke bag made for some of my camera gear (just a camera and spare lens, when I don’t want to carry my heavy backpack around) and subsequently visited the maker and had measurements taken and specifications agreed, etc, and paid the money up-front for the bag to be completed.

    When it was delivered, it was enormous – much larger than I had envisaged, and my camera and spare lens flop around. It has been padded well, but there is just too much space inside for the equipment to be held in place. I did mention when she delivered it that it was larger than expected, but she said that it was measured and room allowed for this and that, blah, blah, so I accepted it.

    I then emailed her to reiterate my point about it being too big and I have had a reply in which she gives me one option that she can try and resell the bag on her website and then I would get a refund.

    Am I not entitled to a straight refund on this unsuitable item under the Sale of Goods Act, or is there a difference with it being a bespoke item?

    Thanks.

    Reply
  • Dale 7 June, 2:25 am

    I bought a used car from a dealer on 21/05/2011, once i got home i noticed a very large oil leak. I rang the dealer right of way to tell him my findings and he said he would have it repaired under the 3month warranty. I took the car back and had it ‘repaired’. I still have the oil leak and have since realized there was a sticker covering the ‘engine management light’ (which is on). I rang the dealer again and demanded a refund, he said i wasn’t entitled to a refund but if i took it back again he would have all the problems fixed. I then asked for a refund again under the sale of goods act and he got nasty saying if i wanted to contact trading standards then do so but he doesn’t need to fix the problem and he’s doing it out of kindness. (basically saying if i contact trading standards then he wont fix it).
    He has accepted (will alot of nagging) to collect the car to fix it as i live 60miles away but he cant collect till w/c 13/06/11.

    What rights do i really have? Am i entitled to a refund? Can he refuse to fix it if i contact Trading Standards although i have a 3 Month/3000Mile Warranty?

    Any help appreciated as i just dont know what to do anymore.
    Thanks

    Reply
  • sprunner 7 June, 10:09 pm

    A relative recently purchased a kitchen with a leading brand. The company requested full payment up front and since there have been some concerns. The company have addressed some of these but refuse to give an itemised bill of items purchased. The kitchen was very expensive and despite receiving a list of items (many of which are coded and incomprehensible)the company says they cannot provide a priced itemised bill and that this is industry practice. Is my relative not entitled to an itemised bill? I find this hard to believe as surely we are entitled to a breakdown of the costs.

    Reply
  • Danny 11 June, 5:49 pm

    I brought a samsung led tv from a catalogue on my credit account £800 in june last year(2010) in march this year(2011) the sound on the tv started to go on its own and would not come back on until i switched the tv of and back on. We contacted the catalogue and they sent out a registered samsung engineer. They did a software update and slowed down the HDMI handshake. the same day the fault was back. the engineers were sent back out by the catalogue and the ordered a new main board and came back out to fit it. Two days later the same fault was back the engineers were sent back out again by the catalogue and they took my tv away for repair where they fitted another new main board (they had the tv from 19 may – 10 June) we got the tv back and the same fault is now back.

    The engineers have been out to this tv 6 times and repaired it 3 times ant the same fault is still here. This tv is now just under 12 months old and it was only 9 months old when the problem first started.
    we have not yet paied anything for this tv as it is on credit account and payment is due the end of this month.

    Reply
  • kellylouise glastonbury 16 June, 6:44 am

    I bought a pay as you go phone in the shop of phones 4 u. After having the phone for less than 24 hrs , i managed to get a contract phone so did not require the pay as you go phone anymore,i went back into the shop and was advised and noticed that they did not have a returns policy.

    The shop assistant took me over to a table with a phone and rang which i think was their head office , the lady advised that they do not have a returns policy and it is stated in the shop which i did not notice when i went in and at no point was told and then when i went further the lady said it is stated on my receipt which i could not see anywhere.

    I asked why was i not advised that there was no returns policy and she replied they don’t have to advise customers this as i saw the phone in the shop and i decided i wanted it?

    I would really like some advise as now i have a phone i do not need
    and am £60 out of pocket if i can’t sell this on,which is what was suggested to me as they would not take it back,sell it on e-bay was the managers advice.

    Reply
  • Andrew 18 June, 3:14 am

    Hi i recently went to by a tv from Bright house store and was refused sale not due to my credit rating but due to not taking out there “optional” serves cover, is this legal? i have had 2 other items from ther in the past and never took this cover out.

    Reply
  • Louise 22 June, 2:28 pm

    I ordered a Dell Inspiron laptop from Tesco direct and collected it on 3rd April this year…. last Friday it worked fine – Saturday morning all my ‘icons’ had disappeared.. when trying to log on the internet it stated the program doesnt exist etc… theres no problem with my internet as my desktop PC is connected via the same line and all works fine… I tried to restore to factoory settings to resolve the issue – it wouldnt let me and I spent 10 hours on Saturday trying to reboot and resolve the issues.. nothing worked. Eventually I managed to get onto the Dell support system and used their PC check which confirmed the hard drive has failed – basically the laptop is broken. Dell advised me that they could repair it or I could return it to Tesco for a refund/replacement.
    I dont want it repaired – I want a replacement.
    Tesco have refused and despite me quoting the sale of goods act to them, they are adamant that all they will offer is a repair.
    I’ve contacted Trading Standards and theyve advised me to write to Tescos requesting a replacement – ideally I want to get this sorted asap though ie this week, rather than waiting weeks for a response.

    Tesco did confirm that if i bought a shirt and the button was hanging off, they would replace the the item, not just sew the button back on, so surely they should agree to replace my laptop?

    The reason I want a replacement is so that its further covered by a 12mth warranty should this occur again… and I personally think that a laptop should last a little longer than 2 months!

    Do I stand a good chance of getting either a replacement or a full refund to buy another somewhere else? I still have all the original packaging and receipt.

    thanks, Louise

    Reply
  • Jade 23 June, 9:44 pm

    Hi all,

    There is lot’s of information for consumers but not much for businesses.
    We are bridal shop and have a demanding client. She ordered her dress last October. Wedding this July, the dress came in 4 months ago and as agreed from the very beginning we made adjustments as per her request. She had 4 more fittings and and every time it seemed that she likes the dress less and less. We supposed to have last fitting tomorrow and our seamstress was working day and night in order to fulfil her dreams, as per her requests on her last fitting on Monday. She than rang immediately after her fitting and said that she will no longer likes the dress and she will try to go and look for new dress somewhere else, if she cannot find anything she wants that dress, full refund and compensation , although she still wanted to come for her final fitting tomorrow.
    This evening she said she no longer wants dress, we made her full refund. but now she also wants compensation. Where we stand on this?

    Reply
    • Muz 21 July, 12:30 am

      Personally I think you are mad refunding her, especially after she participated in the fittings and you made personal adjustments.

      Tell her to go swivel on compensation – and inform her unless she goes away, you will be seeking payment for the alterations made during the fittings, as these were only free whilst she was buying the dress, as she is now not buying the dress she is liable.

      Good luck

      Reply
  • Emma Riddoch 9 July, 11:54 pm

    I purchased a car from Arnold Clark for £5688. I was given no handbook, service or MOT history or logbook when I bought the car. A month later, I started to hear a rumbling noise and when I took it to my local Arnold Clark for repair, I was advised that the car had been involved in an accident prior to my ownership and that a very bad repair and paint job had been done on the vehicle to cover this up. As I had no vehicle history, I had no idea that the car had been involved in an accident or about the repair work done. A few months later (5 months after buying the car and only adding 1000 miles to the clock) I decided that I felt unsafe driving the car and asked Arnold Clark to trade for something else. I was advised that due to the previous damage and repair work, my car was only worth £2990, nearly half the price I paid 5 months previously and it was that bad, it wasn’t fit to even sell on an Arnold Clark forecourt! (Although it had been on an Arnold Clark forecourt when I bought it).
    I should also add that I bought an extended warranty and 3 year service and mot plan which I was not allowed to transfer to my new car, effectively throwing nearly another £900 down the drain.
    What are my rights here? Am I entitled to a refund for the difference? I know cars depreciate in value but not by that much in so little time. Can I claim under the sale of goods act as the car was not appropriately priced? Any help would be greatly appreciated.

    Reply
  • Seb 11 July, 1:54 pm

    Can i buy goods either online or from a shop and sell them outside my house for a profit. Is it legal, what about wholesale goods?

    Reply
  • Rebecca 13 July, 11:27 am

    I have placed an order with Kurt Geiger which I then received an order number and confirmation email. Three days later i emailed to enquire when the item will be delivered and they have emailed me back saying my order failed. I questioned this as i received an email detailing payment, delivery etc. No money has been taken from my account but I want the item as it is now out of stock online. Where do I stand? Thank you

    Reply
  • Joe 13 July, 7:30 pm

    We recently purchased a 37 inch tv from ebuyer and it has developed a fault after ten months. It has a 3 year warranty and we requested and received Returns Merchandise Authorisation for it to be collected and then repaired/replaced by the manufacturer Ebuyer.
    However when they came to collect it they refused to take it as it was not in it’s box and so they left without it.
    I spoke to ebuyer on the phone and they said they could not pick it up if it wasn’t in a box. They suggested trying to get a empty similar box from Tesco, Argos or some other retailer to put the TV in so they could then collect it.

    Do I have to now go begging around various retailers for a spare empty box to put the TV in, or be stuck with a broken TV otherwise?

    Any help or advice is greatly appreciated.

    Reply
  • Tina 15 July, 6:48 am

    I bought a Toshiba netbook 3 weeks ago from Argos and when I opened the screen yesterday, after leaving in in sleep-mode, it had mysteriously developed a crack along the LCD. I took it back to Argos and they advised me that all laptops are exempt from the 30day returns policy and that I would be charged for it sent off, even if it wasn’t repaired, as it’s not covered under the guarantee as accidental damage. This surely can’t be right. There is not a mark on the netbook and its been well looked after. There’s so many forums online showing this kind of issue. What steps can I take now?

    Reply
  • Paul 17 July, 12:36 pm

    Hi,

    I recently purchased several products which came to a total of £992.00. As all the products were not in stock I left a deposit of £800.00 which I was given a receipt for. Two days later I received a call saying that all my goods were in stock. When I returned to collect them I was given the goods which were all correct and thanked for my customer. I was not asked for the remaining money and I left. Do the store owners now have the right to demand that money?

    Reply
  • IABEFC 26 July, 7:40 pm

    I have recently bought an egg incubator from an internet company for breeding chickens. After 2 unsuccessful attempts at rearing the eggs into hatchlings, I discovered that the thermostat was faulty and the increased temperature had killed off the eggs. After reporting this back to the company, they said that I would have to send it back to be tested. I have now heard from them that the incubator was faulty but I am having trouble getting a refund back off them. I would also like to know if I should be compensated for the loss of 2 batches of eggs (which cost 50 pounds) and also the P&P that I paid to send their incubator back to them and also the initial P&P from when I ordered the item.

    Reply
  • Mr P Wratten 27 July, 9:32 am

    My Toshiba 32″ TV has suddenly become inoperable – cannot control the sound or enter the menu to attempt to put it right.The TV is 1year and 56 days old. Having visited both the retailer ( Sainsburys ) and contacted Toshiba, both immediately state that since the TV is out of its 12 month Warranty there is nothing they can do about the situation. Sainsburys refer you to Toshiba and visa versa. The Tv is a Toshiba 32″ – 32AV615DB – at an initial cost of £279.99.I would presume that under The Sale of Goods Act a TV breaking down after less than fourteen months could not be determined as being a ‘reasonable amount of time’! I have raised a letter to Sainsburys Complaints Department in London and advised Toshiba online of the situation – I await replies from both. Where do I stand in this specific case please. I thank you in anticipation for your assistance in this matter. My email address is pwdyfan@talktalk.net.

    Reply
  • shamz 28 July, 12:52 pm

    Hi
    would love it someone can advise me on what to do nexet.
    I was shopping on a heath site. When i noticed they had cereals for 0p! So of course i added a few.
    It did cross my mind that maybe it is an error. But thats not my problem. If they contact me before the process and dispatch the item and discuss the cereal price fault then thats fair enough. But nothing of that sort happened. The items were proccssed as 0p and i paid for my item. (I had other normal priced item.) they confirmed with an email that my items and the prices and that theyhad been paid for. Yesterdayi recived my items including the 0p cereals. I was amazed i got them free.
    On my confirmation letter that came in the parcel it again showed the prices of all the items i had brought. The cerals were 0p. Not only that they had a signature from a staff saying they had checked it before dispatching.
    But today i got a phone call saying that there was an error on there site and they want me to pay for the cerals when i have alreqdy reciaved the items.
    Can they do this. Can they ask for more money after i have paid for my order(the free cerals was in that order) and when itchad been delivered to me!

    Reply
  • Charlie 29 July, 8:53 am

    Hi all

    I need some advice

    I baught a Sony Erriccson X10 mini pro on the 18th June this year from Phones 4 U, on the 20th July a little over 4 weeks after purchase the phone would not accept a charge, after taking it back to the shop they said that it would be sent away for an assessment and repair. The have since came back to me stating that the USB connector has snapped and it not covered in the manufacture warranty and that it is beyond ecconomical repair and that they wont fix it. As the phone was just over month old should i be legible for a replacement?

    Thanks

    Charlie

    Reply
  • Lou 2 August, 2:16 pm

    7 months ago I purchased a corner sofa from Tesco Direct. Over the last few months it has gotten more and more uncomfortable to use, as the seat on one piece sinks much lower than the other, making it essentially un fit for its purpose.

    I reported this issue to Tesco, who then sent out a technician to inspect it. He said basically nothing was broken and so there was nothing for him to fix. The fact that he agreed it was uncomfortable to sit on was not written up in his notes, which stated that the sofe was in good working order. he asked me to sign the notes, but I declined, as I did not agree with them.

    Essentially, Tesco will not replace the item, or refund my money. I would now like to know what my options are, as I do not agree that a sofa should be unfit and uncomfortable to use after 7 months, espcially as it is covered by a 12 month guarantee.

    Reply
  • Imogen C 5 August, 4:49 pm

    Hello, I bought a Apple Macbook Pro on Finance in February 2010, i think, and the logic board has gone on it, its going to cost nearly £300 to repair, i dont really know what to do but i cant really afford to fix it, is there anything i can do?

    Reply
  • Jim 8 August, 12:42 pm

    Can anyone advise? Vinatge Motor Scooter Dealing.
    I had an engine rebuilt for a guy to swap for an engine he had. Now there was a fault with this engine & it wouldn’t run. It was returned to the builder & the problem was cured. The swap then concluded & I thought all was ok. I was then contacted by this guy to say he had had to spend more money to fix this same engine & not to offer him any other scooters. Now I find him contacting me again 4mths down the road & that he’s sold the scooter on again, engine & all. This new owner is unhappy saying the engine is incorrect for the year & it has not been rebuilt at all & threatens a legal claim. The guy I swapped the engine with is now chasing me to rectify a scooter he has now sold on, am I responsible two deals later? Thsnks

    Reply
  • Dane 12 September, 4:48 pm

    Hi,

    I purchased a graphics card just over a year ago from an online retailer (Overclockers.co.uk) which has recentley developed a fault when reporting the incident to them they provided me with an RMA in which i was to return to them and for them to process this, essentually they receive the faulty product and ship to the manufacturer for repair/replacement and give me a very long expanded eta for 28 days i received a response from them of

    ”Under the sales of goods act we are a reasonable ammount of time which isnt governed by law in order to repair or replace the item. We actually allocate a 28 day turn around for this as this is a reasonable time. ”

    Can you offer any advice or are they perfectley within their rights to provide an eta of this length of time?

    thanks

    Reply
  • Pickle 13 September, 10:20 pm

    They are well within their rights, they have offered you a repair and advised you how long it will take. To be honest 28 days would be considered reasonable for this item.

    Reply
  • Pickle 13 September, 10:46 pm

    I may be wrong here but its not your responsibility. You were asked to rebuild an engine and swap it for one that was already fitted so of course it may not be correct for the year.

    Your customer cannot now sue you for something he asked you to do.

    You were then informed further repairs had to be done but your customer didnt ask you or give you any opportunity to repair the engine.

    Your customer sold the product and as the seller it was his responsibility to advise his purchaser that it was a different engine. This product would be classed as a second hand product and should have been sold as such. Because of this it is expected that customers will have to pay for repairs sooner than they would with a new product.

    You do not mention whether he is a legitimate retailer with a returns policy and agreement with you. If he is then you may be liable under your contract. If not then I cannot see how he can hold you accountable

    Reply
  • Lee-Anne 18 September, 8:08 pm

    Hi there I need some advice as my laptop that I bought from Currys on 17/04/2010 had recently started making a bell like noise comeing from the fan with smoke and ash/dust coming from it! I was wondering about my rights as a consumer as its 17 months old and the warrenty has ended! It hasnt packed up yet but I am extremly worried that it will, soon, and even if it doesnt it shouldnt be doing this!! Any help will be appreciated! Thanks

    Reply
    • Monty 27 September, 11:51 pm

      Lee-Anne, this is an unreasonable lifespan under SOGA, take it back to retailer and explain it is unsatifactory under SOGA and you want it repaired or replaced. This is the official route and if any arguments i would suggest to speak with store manager first then if not satisfied go to local trading Standards office. Alternatively, i saw a recent post on this site which said it can be less hassle to contact the manufacturer directly who will arrange pick-up, repair etc, upto you but don’t give up!

      Reply
  • John 26 September, 4:22 pm

    Hi,

    Purchased a Sharp TV from Makro 10 days ago and it has a fault with it not powering on at all contacted manufacturer to see what was wrong and they confirm faulty and suggest i contact makro as only 10 days old.

    On contacting Makro they advise me they only have a 7 day return policy and when i gave them information under the sales of goods act as under 6 months i do not have to prove faulty they advise the sales of goods act does not apply to them as they are a wholesaler not a retailer.

    However that logic makes no sense as to wholesale you need to sell in bulk but they sold me 1 TV!

    How can i get around this as i am left in the lurch on this as it is so easy to obtain a makro card and purchase individual items such as 1 tv etc

    Reply
  • Makro Online Help Team 29 September, 11:34 am

    Hi John

    We’re sorry to hear you’re unhappy with your experience with Makro.
    We pride ourselves on making every effort to ensure that all customers have an enjoyable experience when shopping from us.
    If you’re still having problems with your purchase, please drop us an email to makro@brazenpr.com (using WC 26.09 as the subject heading) and we’ll get to work helping you out straightaway.

    The Makro Online Help Team

    Reply
    • John 29 September, 1:54 pm

      Hi,

      Thank you for your response although i feel i would not get anywhere as my consumer rights do not seem to apply to makro as you claim to be a wholesaler that sold an individual item so you see my dilemma in respect that going into the store and being blanked completley with the advisement of my consumer rights do not apply here i am at a loss on how this may be resolved.

      Reply
  • Makro Online Help Team 29 September, 3:38 pm

    Hi John,

    We are keen to discuss this matter with you in more detail and we are confident that we will be able to resolve this issue. But in order to help we really need you to contact us by emailing makro@brazenpr.com (using WC 26.09 as the subject heading) We look forward to hearing from you.

    The Makro Online Help Team

    Reply
  • Pamela 3 October, 5:22 pm

    I’ve just put a deposit down at the weekend on a car and was picking it up today. So I’ve put my old car on auto trader which cost me £55 then I was ringing round for insurance paid extra for insurance £78 then an hour before I was meant to pick up my new car and pay the outstanding amount I receive a phone call from the manager to say another branch has sold it and I don’t have a car to pick up any more. They have said I can have my deposit back but i feel really let down. Because all weekend I’ve been sorting out insurance, putting my old car for sale and I really was looking forward to my new car. Where do i stand? Yes they have agreed to pay any cost but want receipts but are they allowed to do that? Can you please advice?

    Reply
  • Melonie 3 October, 7:55 pm

    Hi,

    I visited a property management’s office to pay fees (deposit/rent) and for a fire kit (I had to purchase this for them to release the keys to me). They didn’t give me the fire kit; I was kept at there office for two hours, was tired, and didn’t realise their mistake until I returned home (after business hours on a Friday). I moved into the property that weekend – it was disgusting and moved out the following day. I sent them an email to inform them of this on the day I moved out. After several attempts to make contact, I finally spoke to someone in the office the following Friday. We discussed deposit/rent refund and I also requested a refund for the fire kit as I hadn’t received it. They were adamant they gave me a fire kit (I told them they hadn’t, they told me they did. This went on for a while..). I suggested they do a stock-take to establish the fact they didn’t give me a fire kit – this was ignored. I was accused of ‘trying to deceive’ the company.
    I sent a letter by recorded delivery stating all that I believed I was entitled to be refunded, including the money for this item. They sent back a cheque for the deposit/part of rent but wrote that they would not refund me for an item I had signed as receiving.
    As I explained during the earlier telephone conversation, I had not signed as receiving the fire kit. I had co-signed a ‘Receipt of Cash Payment’ for the item – this form was pre-signed by an employee stating the company has received the payment for the item. There is no small print. I was given identical forms to co-sign for the deposit, rent and reg. fee – these were all given to me as a job-lot to sign.
    In these circumstances does a company have a duty to prove they did give me the item? A basic stock-taking system would have easily proved they didn’t…

    Thank-you for any advice

    Reply
  • Paul 12 October, 4:51 pm

    I was wondering if anyone can help or had a similar problem. I sold something in an internet auction (private sale) around 3-5 years ago. Apparently the item was now resold by the buyer to another seller, again in an internet auction. The new owner has now contacted me and said the item was not as described. The person who sold it to him has refused to refund and so he has contacted me to get his money back. He claims the ‘wrong descriotion’ originated with me and therefore I am responsible (Trade Descriptions Act, bypass proeduce 23). Does he have a claim as he threatens to take me to court? I originally sold the item years ago with a description I believe to be accurate.

    Reply
    • Joe 13 October, 1:14 pm

      @Paul….

      I’m no legal eagle but you clearly are NOT responsible for refunding the money.

      The description point no longer applies to you as the item has been out of your sight and possession for the last 3-5 years during which time it’s condition could have altered considerably from your original description.

      If the original description was wrong, why did the person you sold not contact you when he recieved it?

      It’s sounds to me like the person you sold it to merely cut and pasted your original description to use when re-selling the item.

      If the reseller did not state any changes in the condition when they advertised it, the responsibility lies with them for any claim of “wrong description” given at the time of resale.

      In a nutshell your description was accurate at time of original sale and you are NOT responsible for any change in it’s condition since then.

      I’m pretty sure they have no case against you whatsoever, but if they persist I would seek professional advice.

      Reply
      • Paul 14 October, 1:24 pm

        Thank you so much for answering Joe, I have been losing sleep over this with worry and your input is so welcome as I have never been to court and I am terrified. I have recieved a lot of threats from the final buyer, threats to make me pay large court costs, slander my name and reputation on public forums etc. I cant thank you enough for giving me some hope, I look forward to anything more anyone else can add.
        Best Regards Paul

    • trickygj 14 October, 9:25 am

      Paul

      Can you provide more information as to what it was and what they say was mis-described etc?

      Reply
      • Paul 14 October, 1:47 pm

        Thank you for posting a response. The item was a vintage collectable over 50 years old as I believed and was told so by the vendor when I purchased it. I sold it on ebay (private sale) as such and described it as used. The original ebay buyer never contacted me to say it was other than described and accepted it as an original of that vintage as I had. That buyer resold the item well over a year later as original vintage also, however the new buyer who has had the item over 3 months and had it for sale on a website as original has now contacted me saying they have been told it is a more modern fake and being over the 35 days ebay paypal refund duration has not been able to get a refund from that seller who has instead passed on my original sale details, hence the new buyer is saying I am responsible for the original description being false and that they are taking me to small claims court.

      • trickygj 14 October, 4:28 pm

        Paul

        when you bought the item was it described to you verbally or was it in writing?

  • Leo 13 October, 6:47 pm

    Great info!

    I bought an HD tv 5 days ago for £1000, and some peripherals (IE multiplug, HDMI cable) for another £113 from the same store (Big electronics franchise)

    I was told the TV can be used for gaming/monitor. But on trying to use it at home for gaming/PC I found there to be a 60ms input lag. Some research showed that all modern TVs have this problem, but the biggest in “game mode” (designed for fast update of external video sources) seemed to be about 30ms for other brands. 60ms is unusable for me (twitch gaming) and certainly too slow for monitors (~8ms). I was not aware modern TVs had this problem and there is no mention of this lag in the specs. Am I able to get a refund citing “unfit for purpose”? Also am I entitled to return the peripheral items as they were bought to compliment the TV?

    Thanks for any help

    Reply
  • trickygj 14 October, 9:18 am

    Leo

    When you but something it must match the descritpion, be fit for purpose and satisfactory quality. If you made it clear to the person you bought it from what it was you intended to do with it and it is not suitable then you would be able to claim under the SOGA 1979. If it is mis-described you also have a claim. I would reject for the reasons you state. It is up to the retailer to prove it is suitable etc. The peripherals where bought with the package I presume and so would be returnable if the tv is accepted as a return.

    Reply
    • Paul 14 October, 5:46 pm

      Hi trickygj, the item was bought at fair from a reputable business which sells these items at shows, however it was bought at the fair with cash and was described to me verbally.

      Reply
      • trickygj 14 October, 6:48 pm

        Paul

        Have you contacted the place where you bought it?

  • Darren 16 October, 8:58 am

    Hi,
    My wife was sold an incorrect size road cycle 3 months ago. During riding out 3 times my wife suffered bad knee’s due to the incorrect set up of the bike. At the first service I discussed with with the shop and they agreed that the bike is too small. I have been offered a 2012 model bike but will have to pay more money as the bike has gone up in price(the current 2011 model is no longer available). What is my legal rights to get a full refund from this shop

    Reply
  • Tim 18 October, 10:27 am

    I bought a new car in June 2008. Last week (ie outside the 3 year warranty) it had a catastrophic engine failure. When I contacted the dealer and the manufacturer they said that the part which caused the failure was known to be faulty and had been subject to a recall in May or June 2010, so they had no liability. I do not recall receiving a recall letter – if I had received a letter detailing the potential consequences, which could have been lethal, I would have acted on it. Do I have any claim against the dealers under the 1979 Sale of Goods Act, as they supplied faulty goods, or is their liability extinguished by sending out a recall letter (whether I received it or not?)

    Reply
    • Monty 22 October, 11:54 pm

      Tim,
      challenge them to prove the letter was sent to you. Having said that it shouldn’t be necessary as a catastrophic failure after three years is is unreasonable under SOGA and especially as it is a known problem and subject to a recall. I suggest in the first instance to speak with the dealership manager, thenif no joy contact your local Trading Standards who should contact the dealer on your behalf. i had a very similar issue and one call from local TS sorted it!

      Reply
  • Dawn 30 October, 12:20 pm

    Hi im wondering if someone can advise, I purchased an illuminated mirror from a seller on Ebay who sells them and makes them to order, The cost was £250. The mirror arrived and was damaged, the only way to return this item was for them to send courier to collect as this was so big, as I would mon to Fri I have had to take a day off work and lose a days pay to accommodate the courier. The seller has now received the item back and is offering a refund but i would like another item as purchased, Im wondering if I accept a refund will I have any right under the Sales of goods act to be re-imbursed for my days pay as the seller is claiming for the damage from the courier to cover there lose, Please can you advise.

    Reply
    • Dawn 30 October, 12:22 pm

      Sorry this should state as I work monday to friday I have had to take a days unpaid leave.

      Reply
  • Racquel 3 November, 3:19 pm

    A product was displayed at a particular price however having gone to the check-outs a higher price was quoted. Is there a law that covers this? Do i have the right to ask for the price i saw on display?

    Reply
    • Ed 4 November, 12:06 am

      Hi Racquel,
      An offer like this would come under contract law.
      There isn’t enough information in your post to comment with my opinion/ advice although if you go to this web page the beginnings of contract law are briefly described.
      http://law.freeadvice.com/general_practice/contract_law/offer_contract.htm
      In the last paragraph of the main text it explains the situation with regards to an offerer withdrawing an offer.
      The problem with these circumstances is proof that you had accepted their offer at their advertised price.
      Ed

      Reply
  • j jones 8 November, 9:30 pm

    had brand new fully purchased blackberry mobile produce a fault after 7 months. Sent off for repair but has been replaced by reconditioned mobile that is also faulty and with previous owners messages and numbers saved on it. Am I entitled to argue for a brand new one under SOGA?

    Reply
  • Kit Taylor 26 November, 12:18 pm

    I had an autoroll garage door made and fitted by manufacturer just over 2 years ago so guarantee has run out but in my view the problem is a manufacturer weld fault does sale of goods act cover me and should they be responsible for repair/replacing

    Reply
  • Ray Ziepe 5 December, 10:02 am

    I have a Mercedes-Benz E class that is just over 5 years old and have discovered that the interior door release handle on the passenger side has developed a fault with the the chrome lifting along the seams of the supporting plastic body that makes up the handle. The chrome has also started to chip and catch on the fingers when opening the door. As I would expect this item to last the life of the car, can you advise as to what section of the sales of goods act that I should be referring to when making my case to the local Mercedes dealer?

    Reply
  • Scottie 5 December, 12:41 pm

    On 3rd September 2011 I purchased a Sim Free/No contract/unlocked Acer Liquid Metal Smartphone (mobile phone), over the internet from Expansys.com

    Keeping the phone in the protective sleeve supplied with the phone , I used the phone in an everyday , normal manner, e.g carrying it in my jeans pocket , carrying it in my shirt top pocket or placing it in my padded rucksack compartment.

    One evening , I went to use my smart phone, turned it on and the screen was dark black and unusable. This was just SIX WEEKS after purchase.
    I returned the phone to Expansys.com and they are saying that the screen is cracked and will not replace or repair it for free as a screen crack is not covered by the warranty.
    I have written to Expansys stating that , in my opinion , under the UK Sale Of Goods Act 1979 , that the phone is not “of reasonable quality” or “fit for purpose”. If a mobile phone , under normal usage, develops a cracked screen in just SIX WEEKS from new , then , I do not think that it is “of reasonable quality”.

    Expansys are saying that I must have damaged or dropped the phone in order for it to develop this fault. I am saying that I have not, I have only used it for normal use and I have certainly never dropped it or done anything to damage it.

    What is my next step ?
    Firstly , are Expansys correct in their refusal to repair , replace or refund the smartphone OR
    Do I have reasonable grounds to take this to the small claims court or something similar ? Or , are there other measures I can take ?

    Reply
  • Rachel 14 December, 5:00 am

    I bought a Sony Vaio laptop 5 weeks ago and it suddenly decided to stop working. It isn’t the first fault that this laptop has had however I didn’t think anything of it at the time I thought it was just a glitch. However the laptop will now not even load it turns on and sits there with a blank screen that doesn’t allow me to do anything. Not even a chance at restoring. However the Sony website claim to give you a full refund if your product is faulty within 30 days however even after this time one would expect a laptop to work after 5 weeks so am I entitled to a full refund despite not having the original packaging which they claim you need for a return?

    Reply
  • jay 14 December, 10:16 pm

    i purchased an LG 42inch plasma tv from curry’s 2 years ago to the day, i paid £549 for the tv which has been great until now. i have a red glow that appears on the screen if it shows any light colours. do i have a leg to stand on if i contact curry’s? or now curry’s/pc world? any feedback would be great.

    Reply
  • Robert 16 December, 7:46 pm

    i bought an archos 80 G9 tablet from currys which has a known defect with the model, which when held causes ripples on the screen making it nearly impossible to use and the pucture is distorted. took it back to the store to try and get a refund and got told “thats normal with tablets if you push a laptop screen it does the same”. also trying to tell me just because it does exactly the same fault on the other model they have it not faulty and that it must be “normal”. (also contacted archos the maker and got told “This behavior is not harmful in the long term for the screen of your Tablet Archos, it does not change anything in the product’s performance or its longevity, this behavior is common to many products whose shell is soft plastic, and can be found on other products such as the back of the screen of a net book type laptop when a pressure is made on the edges or back of the screen.” funny thing was that archos know about the issue and said they would fix any faulty ones yet i got told it’s nothing basicly.) i build a fix computers as a hobby so i know my tech but the service and excuses i got was terrible, pretty much getting told to sling my hook we won’t give you a refund on a faulty product annoyed me.

    would i be able to use the sales of goods act to get a refund or am i lumbered with a defective tablet

    Reply
  • PE 10 January, 12:45 pm

    Hi, i wonder if anyone can help.

    i purchasd a corner sofa from harveys delivered in December 2010, so its now just outside of the 12 months warranty.

    the clips which hold the 2 pieces of the sofa together are broken, and i need replacement clips, but Harveys have said its outside of warranty so there is nothing i can do and i cant even buy the clips seperatly. i am not expecting them to fix it, just to provide the clips ( i dont even mind paying for them) but they say they cant. as the two parts of the sofa do not fit together, its a pain. where do i stand? surely under “durabilty” a sofa should withstand more than a year of wear? the clips are only flimsy plastic so its no wonder they have broken.

    Reply
  • LYNDSEY 14 January, 10:11 am

    we brought a telly from argos about 10 months ago but the telly is faulty and will not turn on no more….we can not find the recipt but my husband works there and they have a copy of the recipt as he recieved discount. they say they have to send the telly off for repair. are we not intitled to a replacenment instead??

    Reply
  • Sevinc 15 January, 10:45 am

    I have ordered a boot online and paid by debit card. Its been a week but it has passed the shipping date. The company contact details are not available on the website apart from their email address. I can only send email but I don’t receive any responds. What rights do I have?

    Reply
  • steven 18 January, 12:30 am

    i have brought an ipod from argos in the last month or so and it hasnt been used a lot but i dropped it and the screen has shaterd or smashed does my 12 month warrenty cover it and can it be replaced for free

    Reply
  • Linclass 18 January, 8:08 pm

    I bought my son a tablet for Christmas through a company on Amazon. However the charger failed after one charge [initial set up]. The replacement charger sent out between Christmas and New Year was also faulty. The third charger arrived around 5th January.
    Now tablet has developed intermittent faults, touch screen not working, or screen going jerky with apps opening and closing at random and the orientation device not working. Been in touch with the supplier again who have requested we return the tablet at our cost and provide pre-paid envelope for return they say they quote this in their T&C’s as its over 28 days old. Another email asking about goodwill and quoting SOG they say they will pay for return postage only. I still think they should pay for all the postage costs.

    Reply
  • kat 27 January, 9:35 pm

    hi,last July 2011 I purchased a hot tub ex display model which was sold with full manufactures warranty, We had quite alot of problems keeping the water in good condition but just put it down to being new hot tubbers so just kept re-filling it. In Nov 2011 I noticed it had a leek and reported it company we bought it from I had to wait until this week 26/1/12 until the manufacturer came out to fix it but it cost over £200 and I have now been informed its not covered by the warranty it was sold with as it was installed in the show room in 2009 so the warranty has expired even though I only purchased it in july, further more the manufacturer say it is likely to have been faulty since delivery hence the water problem, where do I stand can I ask for collection and full refund

    many thanks

    Reply
  • Ched 4 February, 12:13 pm

    Hi, I currently have a BMW 320Si 2006 model.
    unfortunately a lot of keepers of this vehicle have gone through a stage where they have had an engine problem with this car.
    It is a special hand built engine (N45) built in 2006 for the Si Models only.
    Only 500 of them in UK.
    Some people have had problems with this engine within 2 years, etc.
    The BMW forums are full with these unfortunate keepers.
    Besides them there are so many out there who have not posted online about there problem

    The most common problem customers have is to do with the cylinder liners, they crack, because they are specially made as aluminium in these vehicles for less weight. Due to that customers have to pay thousands to get a replacement engine, or get it repaired, if not under warranty.
    Can anything be done about this, due to it being a common problem and poor build quality from BMW. I would have thought BMW would have done a product recall on these or extended the warranty, but to this day there is nothing of the sort. I deem this very unfair.
    please advise.

    Reply
  • Khan 9 February, 9:18 pm

    I bought a samsung ps50c680 in september 2010. Tv worked fine until 6 months ago, now i have a red glow on the TV. It is not noticeable at all times but when dark you can see 2 red patches. The TV had 1 year warranty. is there anything i can do. Do i go to currys and talk to them or do i go to samsung.

    Reply
    • Jason King 22 February, 1:42 pm

      Khan a warrant does not mean anything under consumer law… It is just away of shops saying they have no obligations… tell them that under the Unfair Contract terms act 1977 they cannot hide behind a warranty:

      Unfair Contract terms act 1977 section 5 “Guarantee” of consumer goods..

      (1)In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage— .

      (b)results from the negligence of a person concerned in the manufacture or distribution of the goods, .
      liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.

      A brand new TV should last for 6 years… Tell them that you want to know your statutory rights and i write anything said down it is a criminal offence to mislead under The Consumer Protection from Unfair Trading regulations 2008… You can take them to small claims court by picking up a form from your local court. Good luck.

      Reply
  • Harry Mogan 10 February, 3:56 pm

    Hello,
    I have recently bought a piece of gym equipment for the leisure centre where I work. Basically The bench in question (flat/incline/decline weights bench) isn’t fit for the purpose it is intended. It cannot be used safely for any decline exercises with weights or even just body weight (Just lying on the bench and you slip off). The company I bought it off say I have to call to return the product within 10 days of delivery? They say I cannot get a full refund because I am one day late with trying to return the product. They also have a policy where you must return a product in its original packaging, however that isn’t possible as to get the product out of the packaging it was slightly torn so we got rid of the packaging.
    Basically is what they state legal? Because seems that my statutory rights are breached within the fact that a) the product is not fit for the purpose, b) they state that original packaging has to be used for return.
    Is their policies and what they say legal or do I have rights in this situation?
    I am awaiting their management to return my call, I wonder how long that will take………

    Any information would be grately appreciated and well received.
    Please advise.

    Reply
  • Chris 10 February, 5:14 pm

    May I say in reply to Aaron’s response that there is no obligation on Tesco to replace an unwanted item, supermarkets do that as a gesture of goodwill but unfortunately in an age of digital media it is quite common for people to buy a CD, take it home and copy it then return it so supermarkets become wary of refunding them.
    As to the wrapping machine why would Tesco invest in a machine designed to wrap CD’s?

    Reply
  • Irene Porter 15 February, 5:23 pm

    I went to Harveys furniture store to view sofas. I ordered the following day by telephone on a monday, the credit card slip says customer not present.. We did not receive the contract until the following Thursday . I went back to shop six days after placing order thinking I had seven days to amend the order. The furniture will be too big. I was told I could not cancel because I had only 24 hours to do so according to the contract I had been sent. This was not even posted until after 24 hours had elapsed and so was obviously impossible. The shop insist this does not come under distance selling regulations as I had seen sofas prior to ordering and have refused to cancel. I have had a temporary chargeback of the deposit from the credit card company, but the company are disputing this. The contract was clearly unfair. What are my rights?

    Reply
  • Jason King 22 February, 1:33 pm

    You can pick up a form from your local civil court ad fill it in yourself and give it to the shop manager. Don’t let them fob you off with any nonsense about the problem lies with the manufacturer. Your contract is with the shop. Also, it is a criminal offence for anyone working in retail to mislead you about your statutory rights under the Consumer Protection from Unfair Trading Regulations 2008. Make sure when you go in the shop you have a pen and piece of paper on you and you write down who says what etc… good luck.

    Reply
  • required 26 February, 8:30 pm

    Just a quick question, if anyone can answer.

    If I return an item bought online, 3d ago, as faulty, then receive a replacement – will I get another 7days to check the replacement…

    Reply
  • Chantelle 27 February, 1:41 pm

    Hi, I purchased a NetBook off pc world on the 4th of January, as of last night it stopped working, nothing out of the ordinary has been done as its kept safe, but it’s saying there’s a launch error and that something has failed, I didn’t pay the extra £120 for the 3 years warranty, because it was expensive and I only wated the NetBook temporarily until I could a ford a descent laptop, although I didn’t want it to be this temporary, I’ve had it just short of two months and its stopped working, do I have a leg to stand on to get them to repair or collect and refund my money?

    Reply
  • mummymee 28 February, 3:44 pm

    Hi
    I purchased a blind recently on the internet, i paid by credit card. It was a made to measure one. It arrived damaged and they have agreed to replace it, do i have to accept a replacement as it was poor quality, they said as its made to meaure i have to accept a replacment

    Reply
  • Steve Palmer 2 March, 10:49 pm

    Hi,

    I purchased a Pioneer ‘Kuro’ plasma tv in 2008 for £2250 which was advertised by the manufacturer as as having the deepest blacks to ‘See the film exactly as the director intended’. Also on the adverts was the statement ‘With the new direct colour filter, black levels remain black’.

    In the last few months I have noticed that the once perfect blacks have taken on a reddish/mauve tinge, to the point where if you are watching a dark scene in low light you can clearly make them out at the top and bottom of the screen and it ruins the experience.

    I have written directly to Pioneer as it is under a 5 year warranty and the shop I bought it from is no longer there. There reply to my first email (they have ignored two I have sent recently)was as follows:

    Thank you for contacting Pioneer.

    What you describe is a limitation of plasma technology in that you cannot
    achieve a uniform black screen with high contrast ratios which can be
    noticed as reddish or purple like areas on the screen itself.

    This is mainly visible in a pitch dark room against a black screen
    background eg film credits against black .This is within specification and
    is emphasised by the higher contrast blackness levels of our later
    generation sets which was not visible on our earlier models.

    This can also be seen when on an input when there is no signal going into
    the plasma and the plasma is in idle mode for about 10 seconds until the
    screen drive comes into operation and switches off the screen as there is
    no video signal present. Only then is the screen uniformly black.

    This can be inspected by a Pioneer authorised service centre but maybe
    chargeable if they find no fault and that the screen is within
    specification as per the above.

    Kind regards

    Pioneer GB Ltd
    Customer Relations Department

    I have not had a asked for an engineer to call as I am worried I will be charged for it.

    I cannot find anything on the internet about this ‘plasma limitation’ but a lot of other owners of the same tv are having the same issues and have been told the same by Pioneer UK.
    I am not sure what my rights are or what to do next. I do know I would never have bought the tv if I had know about this limitation. I was totally sold by the advertising claims!

    Please help!

    Many thanks

    Reply
  • Alex 7 March, 9:50 am

    My Boyfriend was saving up for half a year and bought a new Gaming PC from UKGC, and after a few days it started showing a blue screen, physical memory dump. It also keeps saying “no hard disk detected”, for the first 3 seconds when you start it up… he emailed the company and they told him a way that could (not will) fix it. He hasn’t tried it yet because he is scared that his beloved PC might break even more…

    however when he first got his PC, with the computer, this company sent him a warranty sticker that he was supposed to take a picture of and send it to them within the first day. Me and my boyfriend never heard about warranty stickers before and UKGC never emailed my boyfriend telling him about the sticker, so he didn’t read little piece of paper that explained this (that was in the box with PC).. when he emailed the company about this as well, they said that because he didn’t send them a picture of this sticker, it means that his warranty with them is now invalid… they also said that “You still however have a direct warranty with each manufacturer of the components” however this company charges £50 per hour for labour, something he cant afford… I am personally a bit suspicious of this sticker thing, I never seen anything like this before so not sure if they are right to charge him to fix something he didn’t break.

    is there anything we can do to fix it for free?

    Reply
  • Tim 1 April, 7:44 am

    Hi, I ended up buying a laptop from Office Depot. After getting home and the 70 mile round trip I ended up checking my email close to midnight PST. I wasn’t able to access my hotmail using Mozilla Firefox. So I called up HP to find out what I could do. After dealing with a woman that could barely speak English coherently, I was able to use my hotmail, but only by using Internet Explorer. However I still can’t use Mozilla to access my hotmail. During this phonecall, I found out that I only had a 90 day warrenty as opposed to the general 1 year warrenty. HP informed me that I only had a 90 day warrenty, because my laptop is refurbished, and if it was new then it would’ve been a standard 1 year warrenty.
    The exterior of the box didn’t have anything saying that it was refurbished, nor was there any indication on the computer or inside of the box that it was refurbished. What can I do in order to get Office Depot to pay for a 1 year warrenty, since that is the impression that I was under.

    Reply
  • Scott 3 April, 12:02 am

    I am trying to claim under this law on a broken part of a computer that I purchased just over 3 years ago, the company has been fairly helpfull so far and has acknowledged I have a right under the SOGA if I can prove that the object was faulty at point of sale.

    As a computer enthusiast I am sure that it was sold to me faulty as the symptoms are that of a failing component.

    the company response thus far has been

    “You will need a detailed testing report from an unbias third party company proving that the card was sold to you as faulty”

    as such I am finding it difficult to locate a company who would be able to do such a task locally, however I have found a small company as of today that do computer testing (for insurance quotes, computer repairs etc)

    my main concern is that the retailer will say that the company that I have found to conduct the tests may not be reputable due to it being a small business and/or that the tests they provide will not be sufficient to prove that the product was faulty at the time of purchase.

    what are my rights in this situation and would the above be sufficient evidence to prove that it was not my fault.

    the company who said they can test the product in question has over 15 years of experience in the industry.

    Reply
    • Scott 3 April, 12:07 am

      Note* I have tried to find local stores because I am looking for the cheapest way to get it tested, being a heavy component postage would cost a lot and travel costs would also be involved.

      What are my rights concerning the cost of getting the product tested, the company has estimated it will cost aprox £10 for the test and the product itself was originally worth aprox £300, if proven that it was not my fault would I be able to claim this back too?

      advice on the matter will be most welcome, however if someone could also quote the section of the law relevant to the answer I would be most thankful

      Reply
  • M Singh 10 April, 1:34 am

    Recently purchased a FM transmitter for my iPhone from Tesco. Once I got home I checked the product and it has never worked not even turned on. So that was that and I put it back in the original packaging but unfortunately I lost the damn receipt. I went back to Tesco hoping to get either a refund or stored credit and both were refused, I feel it’s just not fair for the little guy against such a huge retailer that just does not care. What are my rights? What can I do?

    Thanks

    Reply
  • lisa 13 April, 11:02 pm

    I bought 3 tvs from currys each costing £99.99 for christmas and the first broke within 3 months with a crack on the internal screen and no damage to the external unit. Currys have my proof of purchase and sent it to their tech guys who returned it unrepaired as it wasnt covered by their warranty. The second one broke tonight as it appears to have some sort of tamper-proof entry on the dvd so you cannot put a disc in. Am i covered as even though they only cost £99 I would still expect them to last at least a year.
    Many thanks

    Reply
  • Sandra Gates 16 April, 3:23 pm

    Hello,
    I won a bid on ebay for abrand new item that contained perfume. The seller listed it as 100ml of EDP but when the item arrived it contained 50ml EDP. I have been in contact with the seller who admits she listed it wrong and will accept the item back and refund what I paid for the item but not the postage and packing.Therefore if I send it back I will be out of pocket. As she has sent an item that is less than what I was given the impression I was purchasing is this fraud? Could you tell me what I should do now? I have lodged a complaint with ebay but the seller and I cannot seem to resolve this problem.

    Reply
  • jkingwessex@hotmail.com 16 April, 4:17 pm

    If you have proof of purchase then that is all you need… under section 14 of sale of goods act you are covered because it says that items must be durable… get a copy of section 14and take it in to the shops with a pen and piece of paper ask them your rights… they have to tell you and if they mislead you it is a criminal offence under the consumer protection against unfair trading regulations 2008… if the manager refuses to give you your money back then go to county court and get a small claims form fill it in and give it to the manager… should get his arse in gear.

    Reply
  • Steph 18 April, 10:50 am

    Hello,

    I brought a set of alloys from a webiste based company via the phone when ordering I asked if the tyres where low profile the sales advisor told me they where not. I had the wheels fitted by a mechanic and when picking up my car he advised that they were infact low profile,I immediately had them removed and contacted the company to see what they would do for me as there refund policy stated no refunds given if the wheels had been fitted. They are now telling me that cannot give me a refund as they dont class them as a low profile tyres as they would come as standard on that size alloy, this was never explained when i asked the initial question before ordering. I was told i should have been able to tell they were low profile by looking at them before having them fitted, but I am certainly no expert when it comes to cars and wouldnt notice the difference to look at.

    Do I have any rights to claim a refund?

    Thanks
    Steph

    Reply
  • J.Sedgwick 18 April, 6:48 pm

    I have bought a piece of software online through the website of a shop. They sold it to me at a price on their website which was about £50 cheaper than every where else. It’s listed on their website as being deliverable within 5 working days. I placed the order, paid through paypal, the money has left my account and they have sent me an email confirming my order. it’s been 6 days so I have called and have been told that they tried to get the item from their supplier, but can’t at the price that was listed originally on the website, so I need to pay another £40.

    Do I have a legal backing to ask them to supply my the goods as originally paid for & listed? Obviously I can ask for a refund, but as they have already confirmed my order and taken my money, do they legally have to supply me the goods?

    Reply
  • Alex 19 April, 2:04 pm

    Hi

    I bought a car from a dealer 6 weeks ago and he gave me 3 months parts and labour warranty. The warranty was arranged through a company called VGS and it was a 4-star warranty. I took it to a garage as I noticed it was going through too much oil. The garage said I needed a new Oil Seperator which to be fitted would cost around £450-£500.

    I phoned the warranty company and they said that this part was not covered under their warranty agreement. I checked the small print and unfortunately the part I need wasnt listed. I then spoke to the dealer who said that the part should be part of the engine and covered.

    I therefore phoned the warranty company again and said that it should be covered but they again said no.

    I spoke to the dealer who said that he would therefore pay for half of the work.

    I think that he should pay for all of the work to be done as the vehicle is not of satisfactory quality after buying it. Please can you advise me what I should do?

    Thanks

    Reply
  • Lawrence Ryan 23 April, 3:23 pm

    I have just bought a brand new car from a dealer, on first inspection of the car we noticed that the drivers seat was damaged, this was pointed out to the salesman who informed his manager. The manager was not very helpful saying that the seat was expensive to replace and they may be able to repair it. Am I within my rights to get the seat replaced.

    Reply
  • Leo 3 May, 3:37 am

    Steph

    You have the right to a refund or exchange as the item was “Not as described.” If they record their phone conversations then your proof is right there.

    Reply
  • Floyd 6 May, 12:15 am

    Hi,
    I have a question about auction.
    IF I bid something from the auction which was not as described, what could I do. Does the company not comply with the sales of goods act? and did it breach the contract we had in this case?
    thanks !

    Reply
  • Yvette 6 May, 1:55 pm

    Hi. We recently payed a deposit for motorhome through a dealership and signed what appears to be a very vague contract for this purchase. We agreed this on the basis that we would need finance as well which the company were going to seek out on our behalf. We have not yet picked up the motorhome and are due to do so at the end of the month. We have since decided that we do not wish to purchase this after sitting down and working out our figures. Where do we stand with this?

    Reply
  • trickgy 6 May, 6:43 pm

    Did you attend the auction in person or online? How were the goods described exactly?

    Thanks

    Forum Moderator

    Reply
  • trickygj 6 May, 6:46 pm

    Floyd that should be did you attend the auction in person or bid via the internet? How were the goods described exactly? Thanks

    Reply
  • Sandra Gates 7 May, 3:59 pm

    Just to update. I have recieved a full refund. i contacted ebay by phone as well as starting a ‘dispute’ online. they were very helpfull sent me a label with postage to send item back and have refunded total cost to my paypal account.

    Reply
  • madhoose 7 May, 9:25 pm

    50 days ago we purchased a touring caravan from a dealer, 2 days ago whilst pushing the caravan back on to the drive we bumped it into a gatepost. whilst undertaking the repair to the minor dent i discovered that the caravan was riddled with damp and upon removing the interior panel I found the whole area to be completely rotten and full of mould.
    As the caravan is 14 years old it is therefore apparently “not covered by warranty” although a sketchy warranty was given.Whilst browsing the caravan we were told it had a full one year warranty. I discovered this only whilst on the phone to the dealer bringing this to our attention. The dealer is quite a reputable one but we were just wondering what the position is on this matter. Referring to the sale of goods act, and the van not being fit for purpose (or human habitation for that matter!)and of merchantable quality ….the damp area is around the headboard area of the bed where our 5 yr old daughter sleeps,our daughter has recently been attending the doctors with a breathing condition that we couldnt get to the bottom of but this sheds new light on her issue as she would have been breathing in the damp mould spores for 13 hours a day.
    There was a pre purchase check done of the caravan which indicated no damp.
    Taken the caravan back to the dealers today and they acknowledged the dampness and offered to repair the problem, however we have weekends away booked this coming weekend and the following weekend which have been paid for. The dealer told us we would have to leave it with him and the repair could take up to two weeks.I asked him if he had a replacement he could offer me and he told me no, so does this make him liable for the cost of the booked weekends as the problem is of THEIR doing. Incidentally whilst there they bold as brass stated that any caravan over 10 years old they sell will have damp.
    On collection of the caravan initially we were issued with a post purchase checklist in which there was a section headed damp check and this was ticked…… when asked about this today he confirmed tha they dont actually check for damp using a proper damp meter , its more a visual check. surely this blatant example of misleading a consumer would be looked seriously upon by any enforcing authority and run in our favour and give us what we really want which is to reject the purchase. what are our chances?

    Reply
  • Ewan Horlock 9 May, 4:23 pm

    Hi there,

    Not too sure if this is the correct section but here goes

    I purchased an R-Quest NS2100 Publisher in May 2011 from River Pro Audio (1 year warranty)… since then I have had nothing but problems with the machine.

    It has been back 3 times to River Pro Audio ….. as well as a wide variety on on site repairs (me having to fix the machine)

    recently it came back after it third “repair” and the machine is still not performing correctly

    It seems to double load discs into the printer tray and into the disc burners

    In addition to this it now just drops discs inside the machine

    Basically I have only run approx 15-20 jobs on the machine since new and they have all had problems …that’s a 100% failure rating!

    Both R-quest and River Pro Audio have been pretty unhelpful and unresponsive… instead of offering a refund or replacement they keep wanting to send the machine back… which I now refuse to do as they don’t fix it properly and it always comes back broken…. wasting my time. They keep referring to The Sale of Goods act …which is what the item is covered under apparently.

    Could suggest what my rights are and a plan of action?

    thanks for your time :)

    Reply
  • Colin Abdul 11 May, 12:07 pm

    I bought a TVonics freeview recorder box 3 years ago, for about £150. Over the course of time it started playing up and restarting itself. (Can’t remember when this began but maybe after a year.) Eventually it kept restarting every 10 seconds and I could do nothing to stop it. I went to the retailer, who said they would charge me £50 to investigate and only if a relevant fault was found would I get my money back. They suggested finding an independent technician. I contacted the manufacturer who said they would have a look and give me a free estimate for the cost of repairs. The letter which I received states the following – “The filing system on the hard drive has become corrupt. This is a problem that is inherent with any hard drive and can happen at any time. The file system can be rebuilt and depending on the level of corruption the recordings can sometimes be recovered.”
    Does this wording mean I can claim for the costs of repairs from the retailer? I would believe the word “inherent” meant something they know about at the time of sale.

    Reply
  • Anita 13 May, 12:20 pm

    I purcahsed a samsung tv from Currys for £550 05/04/10, so litteraly just over two years ago.
    In the last month the tv has started switching it self on and off again. Sometime it comes back on straight away adn sometime it may takke over an hour for it to work again.
    I have done research on the internet and it appears that this is a common problem with saumsung tvs and is an issue with the capacitors burning out. I have contacted samsung and they havee agreed that it is a known fault, but if it is not a known fault on my actual tv moddel, then there is no free of charg repair. My thought is that whther it is a known fault on my model or not, there is obviously still a fault known on other samsun tv’s. My tv has sat on its stand and not been used and abused in anyway so it must be a manufacturer fault and nothing i have done to it.
    Under the sale of goods and the potential for this to be covered for upto 6 years, can anyone offer advice as to if i have a claim here and if i should deal with currys or samsung?
    I do not see it to be reasonable that a tv that cost £550 should only last for two years.
    Any advice gratefully received. Thanks

    Reply
  • Pete Y 13 May, 2:25 pm

    I purchased a washing machine from Curry’s just over 8 months ago and within a few weeks the paddles inside the drum became loose and fell off. They sent the parts ahead of the engineer and despite waiting for the engineer I fitted the parts myself, but was without the machine for several weeks.

    Seven months later the machine flooded the floor and an engineer was called and subsequently came out and had to return with the parts again stopping use of the machine. Two days holiday had to be taken from work to see te engineer in.

    One day has passed and an error has appeared on the display and they want to arrange for an engineer visit again

    Surely given the unit has proved faulty three times in eight months I am entitled to a replacement unit?

    Reply
  • Verity 27 May, 2:57 pm

    I have a Ford Focus and the laquer started to come off within a year of purchase, I went back to the dealer who did nothing and by the time I got proper advice and went to Ford the car was just over a month old (however they acknowledge that I told the dealer). The said they would not look at it as it was out of warranty. I continued to write to them over the period of 2 years but their final word on the matter was that the car was now three years old and as I had continued to use the car I had accepted it and they were not liable to repair it. By this time the damage had spread to 3 panels.

    For various personal reasons could not continue to push this and they had been very aggressive on the phone.

    However, now it it is nearly 6 years since I bought the car and it resembles a Paper Bark Maple and also now has rust. Every panel is peeling, inside the doors, the roof, bonnet, side panels you name it.

    What should I do? Can I go back to them again?

    Thanks in advance

    Reply
  • Lizzy 13 June, 3:17 pm

    Hi
    I was in a shop recently and they had a sign behind the counter saying that they do not issue refunds or exchange items that have been reduced by 70% or over.
    I was wondering whether this complies with the sales of goods act? I thought that sale items were to be treated the same as other items?

    Thank you in advance

    Reply
  • Fatima 16 June, 10:42 am

    Hi , I bot something on line from Tesco,After some days they send me a email saying they have cancel’d my order because the price was wrong. Can they do that. Can I still claim that product with the offer(wrong) price please.

    Reply
  • sarah 22 June, 10:48 am

    Hi not sure if anyone knows the answer to this. I have a hotpoint dishwasher that is approx 4-5 years old, we have extended warranty with domestic and general. Quite literally our machine is always breaking down and on doing research seems quite a common problem. I think in about 18 months we have had approx 20-25 repairs on the machine, the most recent repair only lasting 8 days only for the same thing to happen again!

    I am trying to argue the point with domestic and general saying i cannot afford to keep taking time off work to get the machine repaired, we are without a machine more than we have it, and how many times do we have to have this machine repaired before they replace it? They have told me for as long as it can be repaired they will be repair it! Is there anything i can about this, given the age of the machine?

    Reply
  • Judith 25 June, 2:34 pm

    Hi, I purchased two identical android tablets from a mail order catalogue as Christmas presents for my two children, shes 20 and 16. Both tablets froze with distorted screens within two weeks of each other and were very securely packaged and sent off for inspection independently. The first tablet was found faulty, and refunded, however the second tablet was claimed to have a hairline crack on the screen. I have suggested that this may have happened in transit or at their end, as both tablets acted exactly the same. The company will not enter into dialogue with me and have said their desicion is final, and they will not repair. Could anyone offer any advice please.

    Thank you if you can.

    Reply
  • truthplease2012 11 July, 1:50 pm

    EU law that gives consumers a two-year guarantee on goods is a well kept secret among retailers
    Shoppers with faulty goods are being routinely denied repairs or replacements because they are not told about their rights under a guarantee scheme.

    EU law creates a minimum period of two years in which a faulty product can be returned, and in England and Wales the figure is six years.

    But many High Street stores are denying customers these rights, either because the staff don’t know the law or because they think they can get away with it.

    Generally, retailers hide behind the offer of a standard one-year guarantee and refuse to do anything when this lapses. Consumer experts say this means they are failing to abide by the law. Most shoppers are in the dark about their rights and often simply throw out a faulty product.

    At one time, household products were manufactured to last, but the industry can now make more money by churning out ‘junk products’ with a short lifespan.

    Chris Warner, consumer lawyer at Which?, said: ‘While it is true that the EU consumer rules mean stores should repair or replace an item that breaks inside two years, the Sale of Goods Act affords consumers protection up to six years from the date of purchase.

    The Sale of Goods Act
    The rights of customers: goods
    If you sell goods that don’t conform to contract – that aren’t as described, are unfit for their purpose or of unsatisfactory quality – you are legally obliged to resolve the problem if your customers seek redress.
    The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a ‘reasonable time’. A legal definition of ‘reasonable’ is not given though – it varies from case to case and could be just a few weeks from the date of purchase.
    If a customer rejects faulty goods within this ‘reasonable’ period, they’re entitled to ask for their money back. All customers can claim compensation at any time if they choose. If you sell to consumers – not other traders – they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.
    If you’re dealing with a consumer, any repair or replacement you arrange must not cause them too much inconvenience. You may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, or vice versa, then you can offer a full or partial refund.

    Reply
  • Nick 11 July, 9:41 pm

    Hi there,
    I have heard that a forthcoming cd ( “sexmix” by “Frankie goes to hollywood” ) has 5 tracks on it that have been remastered into Mono by mistake, the person behind the release, Ian Peel at ztt/salvo records has insisted that it still be released next month with these mistakes, rather than having the relevant disc repressed, now with nothing on the packaging to indicate a faulty disc people will be buying it unaware of the problem until the disc is played. my question is, is this an infringement of customer rights?
    (the full story, and fall out from it, is a the official ZTT facebook page, where all 60+ comments from concerned fans are currently being ignored by ztt.
    thanks for your time,
    Nick

    Reply
  • Dave 14 July, 2:22 pm

    I ordered a chair and foot stool from Next in Manchester city centre at the beginning of February and was told that the estimated delivery date would be 6 weeks from that of purchase. Just before the 6 weeks was up I received a letter informing me that there was a delay with the upholsterer and that I could expect my order towards the end of May.

    I contacted Next to discuss the issue and and was told that the foot stool was ready, but that the delay was with the chair. After that I received 2 subsequent letters informing me of further delays and pushing the delivery date back to the beginning of July. Each time I called them about it, I was told that the problem lay with the manufacturers and that Next were doing all they could to get things sorted.

    I asked if they were prepared to offer some sort of compensation for the delay, but was told that they were unable to agree on anything specific at that point. However, once the items had been delivered they may be able to agree on a gesture of good will, based on the length of the delay.

    When I placed the order I also took up the offer of 2 years interest free credit, which was organised through Barclays. As well as the letters from Next, I was also contacted by Barclays and told that the first payment was due out at the end of June. As a result I had to call Next again and ask them to the sort out a deferral notice. This was just one of the many calls I have made to them since the middle of March

    I spent a long time looking for the perfect chair and was reluctant to cancel the order, as I didn’t want to start the search all over again. I agreed to continue with it, as long as some form of compensation could be agreed on. I suggested that they provide enough of the material that the chair and foot stool were covered in, so that I could also re-upholster my dining room chairs to match. They said this wouldn’t be a problem, so I waited until July expecting everything to arrive then

    July came and there was still no word about my chair, so I called Next again at the beginning of this week to find out what was going on. I was initially told that the order still hadn’t been completed, but on further investigation discovered that there was another address attached to it and that it had gone through Next’s system as a flower bowl!

    I’ve spoken to somebody from Next every day this week and eventually found out that the chair had been made but was linked to the other address, which turned out to be their shop in Coventry. As their system hadn’t picked up a valid delivery address, the chair had just sat there waiting.

    We finally organised a delivery date and I also got them to agree to taking £150 off the price. However, I forgot to confirm that the material they had originally agreed to give me would be delivered with the chair and foot stool. I called them again and was told that the £150 was in place of the material, they wouldn’t accept my argument that the 2 gestures of goood will were for entirely different aspects of the entire fiasco. At that point I left it, as I was tired of complaining.

    That was yesterday and having had a night to sleep on it, I’m even more annoyed at the way Next have dealt with this. I’m at the point of cancelling the order, but I don’t want to cut my nose off to spite my face. I’ve called them again today and am currently waiting for a supervisor to get back to me.

    I really want to stick to my guns and get them to agree to both forms of compensation, but I’m worried that my feelings about the whole situation have taken over and that maybe I’m not looking at things objectively. I feel like I’ve just vented on here, but I was wondering if anybody had any advice on what to do next.

    Reply
  • Melissa 18 July, 9:02 pm

    Hi everyone, I recently ordered some items online from JD sports and I was awaiting its delivery but unfortunately I never received the package, I decided to do some tracking on the parcel but to my shock I discovered it was sent to another person, I immediately phoned Jd sports to explain my problem and an employee stated that yes it was indeed delivered but to a neighbour…I explained to them that I never received any note or card through my door and so had no idea it was even delivered!… I decided to knock on my neighbours door and no one saw my package or even heard of the name mentioned who it was delivered too! I was beginning to feel drained and distressed. I called JD sports again and explained the situation to them, they stated that the driver told them that he delivered to my address.. I was baffled and confussed as I never received this package and I never signed for it! the emplyee went on to state that he spoke to his managers and that they want my identification details…. Firstly I said that I have no more trust for JD sports online shopping, I felt so let down and violated..This company has my full name address and to make matters worse my credit card details…. This driver they used did not deliver my parcel and has flat out lied about it… I told JD sports to please send someone neautral to my address so I will show them proof of signiture…. but I will not be sending my passport details over the internet to JD sports, the employee went on to say they would ask the same driver to come back to my address and see this proof! I was alarmed and sickened as I feel completely violated and as a customer I felt this Driver was accountable for his actions. This driver has lied, never left a card or note that my parcel was delivered else where that is if he didn’t take the parcel himself….. Jd sports have already taken the money from my account for this parcel and It’s a failed delivery!! I am going through great distress over this as this parcel was a gift for my kids…. To think this matter can be resolved if they investigate thoroughly this driver and the false name and signiture given I told them to please send someone to see my details at my address as I will not be sending anything over the internet to them…. Jd sports has said its not company policy? Its disgusting! and totally unprofessional, I am left with no choice but to seek legal action and hold both parties accountable for this matter this situation has caused me unecessary distress, my kids are totally gutted that their gift was not delivered :(

    Reply
  • tess 30 July, 12:31 am

    hi i need help bought my dell inspiron 1545 laptop about 2yrs ago from tesco ,and the warranty has run out ,for the 4mnths it will not turn on and have tryed to find out how to complain to dell ,can some one help me can i go back to tesco with this problem .thank you for any help that anyone can give me

    Reply
    • Dee 9 September, 9:01 pm

      In my experience, Dell is simply diabolical in being able to handle customer concerns. I have purchased an extension to the 3 year Dell Warranty for my Inspiron laptop in the past and this may be the way forward if you are particularly fond of the particular laptop. It sounds like the computer has crashed due to a virus and so this is a “software issue” and not a hardware one. But I am certainly no computer expert! There is information on warranty services on the Dell website. PC World and other companies also offer computer repair services and be sure to shop around for the best deal. There is a difference between “software” and “hardware” for warranty purposes. Some companies exclude software issues in their warranty cover so please check the policy carefully before purchase. Also install goof anti-virus software on your laptop when you are up and running again!

      Reply
  • sarah 30 July, 1:18 pm

    Does anyone know… I sold something online for £10.00 including p&p, it became faulty and the customer wanted an exchange. I agreed to pay the return postage and exchange but, they have sent it Special Delivery for £5.90. Do I really have to refund £5.90? It seems unfair and I’ll be losing money. Can I refund in Stamps? Thank you in advance.

    Reply
  • Charlotte 4 August, 1:54 pm

    I have recently purchased a pair of trainers and they have fallen apart after one week, however i do not have a receipt or proof of purchase as i paid cash so the company are refusing to help i still have the carrier bag that i bought with them but this is not proof apparently. what can i do next apart from camp outside there door an stage a protest please

    Reply
  • mandi 14 August, 3:44 pm

    I purchased a Hyundai Tucson on the 9th July 2009 the cost of the car was £2 short of £10.000.it was purchased thro the motibility scheme.during that time we had to have both front engine strut mounts replaced at the same time so that was done thro the Hyundai warrenty ,thro out the 3 years we have owned it we had been going thro brake pads at an alarming rate and also had to keep replacing them and tyres due to abnormal wear we also had to replace all brake drums we put this done to wear and tear so just kept replacing them at our own cost then came the biggie we stopped at traffic lights when there was a loud bang from the engine and the car refused to move backwards or forwards so we ended up getting towed home by a friend as it wouldn’t go ‘so whilst looking at this fault I found that the car Hyundai Tucson 2006 year was recalled for brake hyrolics failure on the 12th April 2009 ’3 months before we purchased the car so hence heavy wear and tear on tyres brakepads/drums we didn’t have the car then but it should have had all this done due to manufacture defect, there is also a common fault on the duel mass flywheel that the manufacture are aware of ‘but no recall yet the car involved is Hyundai Tucson year 2005/2006 ‘so our car is sitting outside my house now for 3 weeks as we can’t use it at all and being my mobility car I am housebound as I’m paying the HP payments on a car I can’t use so can’t afford to get another car or rent one the payments don’t end till 9th July 2013 ,dealer is not in the least bit interested and finance are stating wear and tear were do I stand on this could some one please advise

    Reply
  • K Cheshire 3 September, 8:52 pm

    I purchased the Amazon Kindle in January 2011. It has now broken again. The same fault that has happened twice before,so I am now on my 3rd Kindle in 20 months.
    Previously, Amazon have been excellent in replacing the product, however this time they are saying that is outside the 12 month warranty, and also they no longer make this model so I have to pay either £71 or £87 plus postage for a replacement. Giving me a discounted price. The model clearly has a fault as the same problem has occurred three times. Should I have to pay for a replacement.

    Reply
  • mike yarwood 7 September, 2:38 pm

    i bought 4 falken tyres online off black circle for 304.48 after less than 4000miles they started to crack up inbetween the tread i was told they could blow out so i bought 4 more from a tyre depot in dinwall who then sent my first 4 off to falken tyres they say yes they are faulty and will pay me 138.04 which means i am 166.00 out of pocket is this right or can i get all my money back under the sale of goods act.

    Reply
  • Dee 9 September, 8:43 pm

    Great website. I would really appreciate your views under the Sale of Goods Act (1979) and related legislation as to whether it is reasonable for a land line phone purchased from a leading telecommunications company to malfunction after only 18 months? The company concerned wants to rely upon the manunfactuers guarantee for 1 year. Their Complaints Department said that while they had hoped that their phones (which bears their brand name) would last longer than 18 months, there is nothing the company was obliged to do under the law. The company also refuses to carry out a proper investigation to examine the fault on the phone and simply say that I could complain to the Telecommunications Ombudsman. I am considering the Small Claims Court. I paid £40 for this phone but one would expect it to have lasted longer than 18 months. Many people these days enter into 2 year contracts for Pay Monthly mobile phones. Does the consumer really expect less for a land line phone to function properly? The particular model of phone has also been discontinued by the company although they say that this is for commercial reasons.

    Reply
  • Dee 9 September, 8:49 pm

    Since everyone is dropping household names on this forum, I can say for the purposes of clarity that the telecommunications company is none other than BT, simply infamous for its poor complaint handling. The model of BT phone purchased and now malfunctioning is the Hudson 1500. If anyone has had any similar experiences with BT, would love to know.

    Reply
  • helen 26 September, 1:52 pm

    last friday we received our 3 & 2 piece suite. it was faulty having lines through out the suite even on the cushions. we went into the store the next day being saturday and spoke to customer service. we got her name. most unhelpful.we insisted she phone the customer help line. all she could do was leave a message re an upholsterer to repair it. we said we wanted a replacement as the whole suite was faulty. we saw the manager he saw the cushions we brought in and agreed it was faulty. but not prepared to do anything. my husband phoned head office but it was a contact centre. after numerous calls a upholsterer has to come out to look at it on friday. this means having taking more time off from work. the 3 seater is in the hallway as it does not fit. at the time we were advised that this was standard and would fit. it remains in the hall way alongside the cushions in the lounge.we do not want a repair? where do we stand legally? please advice? can we cancel the contract

    Reply
  • Sara 2 October, 11:50 pm

    Hi,

    I bought a mattress and bed on 31st August 2012. However, the bed is already causing problems. Firstly the parts which connect the wooden slates to the bed frame are breaking, once the wooden slates are dislodged it is impossible to get them back in place meaning there is no support for the mattress in that part. The wooden parts are breaking and unfortunately means the mattress is not supported. However when trying to reconnect the wooden parts to the black connectors you have to lift a heavy mattress, which is most annoying lol! One side of the bed has limited support. I’m unsure if I’m entitled to a refund or replacement.

    Please can you advice me what to do?

    Thank you :)

    Reply
  • John Smith 5 October, 9:53 pm

    Hi,
    I went looking for a three piece suite in SCS, I wanted to know how much the one I liked cost what payment terms were available and what the deposit would be, I explained that I would be comming back on Friday to pay the deposit and sign up for the suite. The sales person talked me into signing up for this on the day (7.40 Tues) and said as I had no ID or Bank Details with me she could do it as “No Deposit and payment over two years” and on Friday when I came in she could alter it all and make it over four years and a deposit paid. She then obtained a credit check ad a finance agreement with Barclays, all without ID or my bank details. I left the store and went home, later I worked out that this purchase would stretch my finances and decided to cancel. I called Barclays Finance and cancelled the agreement without any problems however when I went to the store and told them what I wanted I was told that “We do not accept cancelation of orders” and this in all fairness was on the form I signed…. but I did not read this as I had no glasses with me, I had only come to look not sign up for anything, and said that to the sales person. I was told it was all fine and not to worry about that. I short I had canelled the finance agreement and the shops order in 24Hrs so in that time SCS would not have started manufacturing the suite and therefore were not out of pocket or had incurred any costs.
    Could you suggest a course of action to tackle the position they say I’m in???
    Thanks John

    Reply
  • hab 7 October, 1:03 pm

    Bought a dyson hoover from comet less than a month ago and it is not fit for purpose as it is too small and whenever i go on a carpet and press the carpet mode button it doesnt go on carpet mode. do i have a right for refund or exchange?

    Reply
  • Kirsty 8 October, 6:28 pm

    I ordered goods from sports direct back in June, the total cost was for £75, the money was taken from my account the same day, but I have yet to receive the goods I ordered. I have sent several emails to the company as this is the only method of contact. I have received only one response from them and this was a form I had to fill in regarding the order in which they sent to the courier company. Since then and several emails later I have not had any form of refund, goods or a response. I do not know what to do next. This has become quite frustrating and I’m hoping that someone maybe able to help me out an point me in the right direction.

    Reply
  • Kate 10 October, 2:39 pm

    Hi,

    We ordered two replace UPVC doors from a local company which included fitting of the product. Two days later their surveyor informed us that they had found that the manufacturer/supplier of the door we had chosen had gone bankrupt. They gave us another brochure to choose a door from. None of the doors are anything like the one we originally chose. We have paid a deposit and signed a contract. Where do we stand, we have phoned the compant to speak to one of the owners but conveniently he has been in a meeting all day. The contract states we have 7 days in which to cancel, this will expire today, and, they state it must be in writing.
    Help please

    Reply
  • Mr. B 2 January, 1:40 pm

    Avoid Korean products!?!? That comment is a load of nonsense!! It’s fair to say that Korean products of yesteryear left a lot to be desired, but this is no longer the case and they are at the forefront of technology at present. Additionally they have done in a fraction of the time what the Japanese had taken years to achieve. Some of it is due to reverse engineering (which all technologically advance nations are guilty of), but a lot of it is due to innovation, R&D and general hard work. People used to (and still do) say the same about Skoda. Badge prestige aside, these are some of the finest cars in their class. It’s comments like this that leave little chance for up and coming companies to succeed, and make the established ones lazy and cocky to the consumer – which I’m sure you’ll agree is not what the consumer wants!!

    Reply
  • Sandra Edwards 7 January, 10:27 pm

    Hi
    My son brought a lead for his radio in his car but its was the wrong item that he needed He took the item back and because it wasnt faulty they would only give him a credit note and not his monsy back is this right???

    Reply
  • Julie 11 January, 11:32 am

    A ruby ring bought from Gems TV 2 years ago, hardly worn due to the uneven surface and catching in everything, and a stone now missing, also a topaz & lapis ring bought May 2012 but only been wearing it for a month before with a piece of lapis fell out.
    Sent them back a week ago and was contacted today to say that there was nothing they could do about the ruby ring and they would send it back still with the stone missing. Also said that they would credit my account for the topaz ring but I could not have money back. Is this correct?

    Reply
  • John Oladapo 17 January, 9:24 am

    I bought a consumable product from a chain store on Sunday 13 Jan,2013 for my friend’s children and they could not eat it after tasting it and I didn’t suspect anything until this morning when i was eating it,then I observe the product has expired since 10 Jan 2013.

    How do i make a claim in respect of the damages because i am feeling abnormality already in my stomach and if it persists,i might call my GP for an immediate appointment.

    Kindly advice. Thank you

    Reply
  • nicholas 22 January, 5:32 pm

    hi, vodafone recently phone me to ask if i would like to renew my broadband contract with them, i said yes, but the next day my broadband was cut off without warning. ive had several phone calls with vodafone over the matter and they haven’t been clear to the reason why. i do owe them a small amount from my previous bill, around €40, i have offered to pay the 40 euro i owe but they want the 40 plus another €39 which is not due to paid until the end of the month!! and they maintain that im under contract and to cancel the contract which has only be renewed by a day will cost me €470!

    how do i get out of this contract without it costing me over €500.

    please help. thank you for reading my comment

    Reply
  • Tricia 5 February, 12:34 pm

    Hi, I recently bought a Yorkshire terrier advertised as 2 years old Kennel Club registered and fully up to date with injections, and a 5 generation pedigree. I couldn’t go to get her as she was too far away but some friends went to pick her up for me. On picking up the dog they discovered she was not K.C. reg so rang me and seeing that her parents were registered I could get this dog registered, so decided to go ahead and buy her. When they bought her to me I also found out that she had not had any injections since she was 11 weeks old and she was 2 1/2 not 2 and she only had a 3 generation pedigree not 5.
    I have since had her registered and had her fully inoculated so want to claim back the cost of this. I have written to the man twice and he insists that because I bought the dog I accepted these things. But surely this is false advertising and I have a right to claim these costs back.

    Reply
  • Steven 27 March, 6:16 pm

    I purchased a tv in August 2008 and insurance cover (accidental damage and electrical/mechanical breakdown) for a period of 5 years. The tv has been repaired twice already and when recently needing to repaired again, for the same fault, I have been told the cost of the repair is not cost effective.
    The insurance company have informed me that they will only refund me £200 and not as I was led to believe in the “sales speel” a new tv or a refund to the value of my original purchase. The insurance company claim this is clearly detailed in the terms and conditions: “The Maximum Liability: The insurer will pay for repairs or replacement up to the original recommended retail price of the product as detailed on your sales receipt or invoice in settling any one claim or in total all claims made during the Period of Insurance”
    I have received no information about the faults or the cost of the repairs, so cannot comment on their suggestion that the balance between the original cost of the tv and the two repairs is £200.
    Under the Sale of Goods Act would this tv be deemed an unsatisfactory product which has not lasted a satisfactory length of time and is the insurance company’s explanation of their terms and conditions clear?
    Thank you

    Reply
  • vanessa 19 April, 12:19 am

    I bought some chocolates at a well known supermarket and they was underpriced a glitch I bought and payer for them and I left the store,security staff ordered me back in the store and I was forced to get a refund as I didn’t pay full price but I did pay the price it was scanning, was they allowed to force refund I was told I was a fraudster as I should of told them it ws underpriced before paying,where as I thought I was just getting a real bargain.

    Reply
  • fragnog 30 May, 6:09 pm

    My son bought a T shirt from Bank Fashion, he wore it once, I washed it and upon ironing the T shirt I noticed a straight line of puncture marks, looks like it has been stitched in the wrong place and they have unpicked it. Took it back with the receipt hoping just for an exchange and was told it would have to go back for an inspection test. I rang today for some feed back only to be told it wasn’t a manufacturer fault and that he must have done it. Bank fashion are returning the faulty T shirt to my son, told them I wasn’t happy with this outcome and was told my only other option was to take it to the store where I bought it from and they would send it for a 2nd inspection. Bought the T shirt on the 13 April 2013 and tried to return it on the 25th May 2013. Help…………….. what are my rights. Thank you.

    Reply
  • Ian 14 July, 5:32 pm

    Aaron,

    Why are you giving advice when you clearly don’t have a clue what you are talking about?

    The Sales of Goods Act (1979, as amended, stipulates that goods sold must have a life expectancy conducive to reasonable expectations, and a television is expected to have a life of at least six years under English Law, and five years under Scottish Law.

    Extended warranties, as pushed by certain retail chain outlets are a waste of money because they tend to offer less than, or the same as, statutory consumer rights which, if ignored by the retailer, are enforceable through a Small Claims action at your local County Court.

    Reply
  • Trickygj 14 July, 11:39 pm

    Ian, regarding your quote below can you show me exactly what section go SOGA 1979 states the following?

    The Sales of Goods Act (1979, as amended, stipulates that goods sold must have a life expectancy conducive to reasonable expectations, and a television is expected to have a life of at least six years under English Law, and five years under Scottish Law.

    Regarding extended warranties, it all depends on what the warranty states. Not all warranties are a ‘waste of time’.

    Reply
  • jason king 15 July, 12:14 pm

    The law doesn’t write any specific amount of time to last, however there are precedents in court cases and also I think there tends to be expectations of durability in the consumer industry. Have a look at this below:

    Another thing, warranties are sometimes very good for the consumer but in law there it is not recognised, that is why most shops write down their guidelines but also say this will not affect your statutory rights!!! Say they may as well just tell you your statutory rights!!!

    Life Expectancy of Electronic Equipment (http://www.retra.co.uk/?page_id=74)
    The economic life expectancy of any product is extremely difficult to determine. Consumers often complain that the goods should have “lasted” longer when they develop a fault. The fact is that in most cases once a repair has been completed the goods will probably go on to function or “last” for a considerable period of time.

    While the list below is not a comprehensive one, it gives a general indication of average life expectancy for a range of product types.

    Note:
    Life expectancy is the length of time a product would reasonably be expected to be able to be economically repaired or where the spare parts are available. Some cosmetic parts may not be available for the same period of time as functional parts. It does not imply that goods should function for a given period of time without going wrong or that the repairer should not make a reasonable charge for a repair.

    Small appliances
    Mobile phones, MP3-players, irons, kettles, hair dryers etc. 2 – 3 years

    Medium Size Appliances
    Cleaners, refrigerators and freezers, spin and tumble dryers, microwave ovens 3 – 6 years

    Larger Appliances
    Electric Cookers, 5 – 10 years
    Dishwashers, washing machines, 3 – 6 years
    Low priced portable CTVs 2 – 5 years
    Higher priced non-portable CTVs 4 – 8 years
    Low priced DVD player/recorder 2 – 5 years
    Higher priced DVD player/recorder 5 – 8 years
    Low priced Hi-Fi Systems 2 – 5 years
    Higher priced Hi-Fi systems 5 – 8 years

    IT Hardware
    Desktops 3-4 years
    Laptops 2-3 years
    Tablets 2-3 years

    Reply
  • stuart 27 July, 11:35 pm

    I had an Amazon Kindle 3g/wifi tablet. Well cared for, and loved downloading my newspapers onto the tablet at home – and especially abroad. Worked perfectly until in early July 2013 I turned it on and it developed a major screen fault which made it unreadable. I checked my warranty and it had run out in April of 2013. I phone “Amazon Kindle” and all they did was check if they had any “out of warranty” deals. They could not offer me anything. Talking with friends I was made aware of the “Sale of goods” act which explains it is NOT the manufacturer who needs challenging, but the retailer from where you bought it from. I “Googled” research and found the sale of goods act protects for up to 5 years. I bought my Kindle from PC World and was prepared to take up the issue there, but I did have a Freephone number for Amazon Kindle (0800 496 2449) so by chance I decided to phone them. My first point of contact seemed bemused when I told him I was persuing a replacement under the sale of goods act – he put me on hold as it was obviously unusual for him – I was on hold for a genuine 5 minutes, he came back and told me to check my e-mail address for a decision – I did so – and WOW how lucky was I. Kindle apologised about the original Kindle letting me down and agreed to replace it – I received a brand new Kindle Touch – BRILLIANT – hope it helps

    Reply
  • JULIE 4 September, 4:43 pm

    I purchased a Hp beats Laptop 8 months ago The plastic surrounding the item was replaced under the warranty, and now the screen has bled we took it in to the Curry’s/pc world
    where it was bought and sent off again, this time it came back un repaired, they say it must have been accidental damage, I know I have not done anything with the laptop to cause this to happen.. can you please tell me if I have any rights in getting it repaired (sales of goods act 1979)Thank you Sincere Julie

    Reply
  • Tony 24 September, 10:53 pm

    Hi,
    I am buying a car from Beadles Skoda, on the contract the price is £10412.50, VAT £2082.50…. Total £12495.00. The contract was signed and dated 11/09/13. The vehicle had to be brought down from Milton Keynes to Kent.
    But whilst I was looking on the web for a Skoda the same colour as the one that I will be getting I actually saw the car advertised for £9999.00. What are my rights?

    Yours
    Tony

    Reply
  • Malcolm 27 September, 2:14 pm

    My wife signed an agreement to purchase a brand new car from a reputable car dealership and I was to be the registered owner. I paid a £100.00 deposit. Due to our circumstances changing within twenty four hours my wife wrote a letter to the dealership cancelling the car which I hand delivered personally. The company offered to pay our instalments for six months but we declined its kind offer as the change of circumstances meant we might have a problem financing payments after that time. The company were informed of our decision but seem reluctant to discuss the return the £100.00 deposit. I have rung them four times now and nobody is available or I’m told I will have to ring them tomorrow. Are the company entitled to keep the deposit?

    Reply
  • steve 4 October, 10:19 pm

    I bought a car on 10/01/2013 ( this year ) and had problems from first week or so and rand dealer and just wasn’t interested but now got more problems with it and its getting too much now had loads of work done to it and now it needs a dual mass flywheel which sounds expensive so need advise please what shall a do??

    Reply
  • Maureen merrick 6 October, 10:20 am

    We purchased and had installed a unit to get rid of condensation. This unit was installed in our loft. At a cost of £1000 in 2010 it is now overheating and we have been told to turn it off. We contacted lifecote who installed it and we’re told that this system – which is a romcon. Unit had a problem with said overheating and they no longer use them but they could offer us another unit at a cost of £650 . We were disgusted by this and just want our existing unit repaired, we were told that they are not worth repairing. Where do we go from here

    Reply
    • Jason 27 October, 12:08 am

      You want a unit that works and have paid them for it, so therefore they have an obligation to provide it. Threaten them with small claims court, its easy to do, just go to your local court and fill in the form. Its pretty simple and they may give you a new unit.

      Reply
  • Tom 11 October, 9:14 pm

    We bought a LEC fridge freezer from Comet in June 2012. In April 2013 it broke down and unfortunately Comet had gone bust. We contacted LEC- as it was within it’s 12 month manufacturers warranty (even though we had not registered the purchase on LEC’s website). They replaced a part and it worked until July 2013 when it broke down again with the same problem. It was now out of the 12 month warranty period. They still sent an engineer who ‘fixed it’ and 3 days later it broke down again, they sent another engineer and another replacement part and it worked until today October 2013 when it has broken down again with the same problem.
    What are my rights?
    As Comet is no longer trading my issue is now with LEC but they are not the ‘seller’.
    When the problem originally occurred it was within warranty (although I had not registered it) but it is not anymore. The problem is clearly with the fridge and not with the part that keeps being replaced and I said this to the engineers at the time.

    Reply
  • Zoe 17 October, 2:54 pm

    I have been on a mobile phone contract for the past year my phone broke after 11 months I then took it back to the 3 shop and got it sent of to repair they said it would take no more than 2 weeks to repair it. It ended up being away for 4. When I eventually got the phone back it was broken even more and had to send it back off to repair again. How this is possible I have no idea. It had started off as just a simple battery issue. I was also blatantly lied to by the shops staff on more than one occasion. I was wondering what rights I have and what I can actually do/claim from them?

    Reply
  • Dylan 18 October, 8:01 pm

    I’m wondering if someone could help me. I brought a car that was advertised by a highly advertised car retail company as a 4×4 Mercedes at 25,000 pound five years ago. A couple of months ago I had a road accident and damaged part of my car. When claiming for the insurance, the insurance company done the checks on the car and came back with that my car was not a Mercedes so would not pay for insurance.
    When I approached the company whom had sold me the car, who I have an email stating they take full responbility for checking the cars background of which they sell, told me that I should have found that the car was not a Mercedes when my car was MOT.
    They are stating that as it was fit to run and even though not a Mercedes they will only give me £3500 as a “good will” gesture and not give back my car that they took to do their own checks!
    If I would have know it was a rebuild and not a full Mercedes surely they would have sold the car at a lower price originally?! If my MOT did not pick up on the car not being a Mercedes surely they should have?
    I’m really disappointed and feel I have been conned out of a serious amount of money. I’m wondering if anyone has any advice that could help me?
    Thank-you.

    Reply
  • Louise 20 October, 10:50 pm

    I have had engineered wood flooring fitted which after 4 months has warped and lifted. There is no evidence that this was caused due to a fault with my home. The materials were purchased and fitted by a builder. Can I demand that the cost of the flooring and the fitting are refunded by the flooring supplier or are they only obliged to refund the cost of the faulty flooring?

    Reply
    • Tony 20 October, 11:03 pm

      Was it on a new concrete floor?

      Reply
      • Louise 20 October, 11:43 pm

        Hi Tony

        No it was placed upon foam type sheets on top of my wooden floorboards. The builder has fitted lots of this flooring and never seen this happen before. It is fitted in a kitchen/diner which is well ventilated with no sign of any dampness. I think the supplier may offer to replace the floor and cost of fitting it, but I would rather not risk the upheaval of this happening again so would like to know my rights on asking for a refund of all my costs.

  • Stacie 26 October, 11:54 am

    Do live animals come under the sale of goods act?
    About 3 months ago I purchased a reptile from my local pet shop, but sadly it died today. Am I entitled to a replacement or my money back.

    Reply
  • Jason 27 October, 12:04 am

    It is a criminal offence for shops to mislead you on your statutory rights under the Consumer Protection against unfair trading regulations 2008, so If they lied about your rights then report them.

    Reply
  • Wendy Swann 12 November, 1:53 pm

    I bought a mobile phone from argos and it did not state in the description that it is a touch and type phone and as this is for my elderly mother, she will not understand how to use it. What are my rights?

    Reply
  • maureen 21 November, 9:56 pm

    i purchased a suite from CSL in September,which was delivered today,it was not the suite i ordered, i ordered my suite with fixed back cushions,they delivered a suite with scatter cushions,same colour and material but not what i ordered in store. delivery guys put it back on there lorry,after hours of calls to CSL i have now been informed they do not make my suite with fixed back cushions,i have waited twelve weeks for my suite,i gave my previous suite to a friend,so now my family and i have no suite,we can’t have the one we ordered as the supplier doesn’t make fixed back cushions.do not know why CSL sold me a suite that they cannot supply in the first place. now find myself in a difficult situation, no suite for my family, 12 weeks to wait if i order any other one from CSL,not something that i really want to do…. any help / ideas would be much appreciated.

    Reply
  • Paul D 26 December, 1:07 pm

    Heat pump purchased in 2010 in Scotland. This pump is installed as the main heating system in a house, in replacement for an oil fired boiler. This pump has never worked properly and is too expensive to run; the electricity bills are huge (a factor of ten up on acceptable). Also, this pumps ices as temperatures drop to near freezing and then it does not work at all.

    This has gone on for far too long and one room of the house is kept warm by a wood-burning stove and chopping down trees in the garden; the rest of the house is cold. An extended guarantee runs out in January and the pump is still shut down by icing. Numerous people have inspected this pump and the installer has failed at every turn to get the pump working properly.

    An attempt was made at conciliation to get matters put right but no response was forthcoming. How can the installer be made to face his responsibilities? Can a full refund be demanded and the pump and installation be returned to the installer?

    The pump was bought with the aid of a Scottish government grant.

    Reply
  • Lucy cole 25 January, 2:30 am

    Hi I brought a tv from currys transported it from currys to my exs house as was going away for a mth came home after 3 wks to then bring the tv from my exs house to my house and the box had always been sealed and when I got the tv home to my house I opened the box took the tv out the box to find a tv with a cracked screen but no damage what so ever to the box so took it back to currys the next day and now they are refusing to do anything apart from send it of for repair at my own cost what rights do I have please help many thanks

    Reply
  • David Forson 26 January, 10:07 am

    I purchased a set of luxury fully tailored car mats online in feb 2012. I only use the car in summer as it is a convertible but when doing a winter clean in dec that year i noticed that the main area of drivers mat (where feet/ heel would be) was worn through to a hole and that a portion of the trim/ edge of mat had also worn through due to it touching a plastic fitting in the footwell. I did not expect the level of wear on such a product after 6 months of limited use and as they were fully tailored i did not expect edge to rub on original fittings in vehicle. I advised company immediately and after months of correspondence they eventually agreed to look at then with a view to repairing them. I had to return them at my cost which they insisted upon and once they got them they simply returned them back to me stating that it was not a fault they were just worn. They did not repair them and after some further correspondence refused to do anything and stopped all further correspondence. Any ideas? Thanks

    Reply
  • mike 2 February, 6:57 pm

    What if i dont have the receipt for the item? The fault was reported the same day that i bought the item

    Reply
  • joanne 5 February, 5:32 pm

    I got a television just before christmas from vision sales in belfast for a present for my son. When we put it on it didnt work, after the holidays i phoned the shop who came and collected it but a week later on the phone they told me it had gone to be repaired because i was outside the 14 day returns policy, i have been arguing with them since then that i want a replacement not a repair but with no joy, what can i do?

    Reply
  • michael 5 February, 8:15 pm

    If i brought a car privately and the car brakes down. Can i have my money refunded. thank you.

    Reply
  • Samantha Jackson 15 February, 10:01 am

    Hi, please can you advise. I purchased a table and chairs from Harveys, paid £550.00 in full. I have not received it yet and have since changed my mind. I called then to cancel the order and they said “no”. They said I have to have it as I didn’t cancel in the first 24 hours, I don’t have any paperwork telling me this but they insist that they gave me a piece of paper stating this. It was ordered on the 8/2/14. what are my rights to ask for a full refund as I don’t want the goods.

    Reply
  • clair 21 February, 12:31 pm

    bought a leather sofa from kandco on the 28th august last year recently noticed that some stitching has started to come away on one of the chairs when i contacted company i was told i would need to call to arrange for an upholsterer to come out to asses if its a manufacturing fault and that if they find thats not the case i will be charged a fee of £45 not a happy customer and dont really trust that their upholsterer wont b bias as they work for company

    Reply
  • dawn pett 5 March, 4:45 pm

    If you ever purchase a cut throat razor for a loved one as a present PLEASE do NOT buy from J Hollingsworth in Birmingham in the arcade as they seem to think that by paying £110.00 for a razor that will NOT sharpen on one of their own leather straps with the balm which I may say is another £80.00 upwards is NOT a reason to replace or refund your cash. They seem to think they can send them back to GErmany and YOU can wait.
    I plead with any of you out there DO NOT & I MEAN DO NOT purchase from here, go out of birmingham if you have to.

    Reply
  • Amanda 6 March, 1:17 am

    I bought some bedroom furniture in a sale on a whim, I paid for the 4 pieces immediately by credit card, the goods are still in the shop as it was collection only.

    Now, one day later I am having second thoughts, can I ask for a full refund as the goods haven’t yet even left the shop?

    I did say to the shop assistant I wasn’t sure as I need to measure my bedroom.
    What are my rights on this?

    Reply
  • Andy mo 11 March, 9:54 pm

    If a digital camera has been taken out of a Sealed box and put in a display cabinet and offered to customers to see and touch
    Can that camera then be sold as a new camera

    Reply
  • kathleen 24 March, 10:55 pm

    I bought a washing machine 4 yrs ago it works fine expect its leaking because of the rubber inside the door. I have been told by the repair man that he cannot get one to fit, surley spare parts should be available longer than this.

    Reply
  • Jean burnham 25 March, 7:27 pm

    Bought pair Hotter shoes 2 days ago now they feel too long and big, can I get a refund for this reason. I paid cash and have my receipt. Do I still have 14 days to change my mind . Many thanks j. Burnham

    Reply
  • chris Webster 27 March, 4:13 am

    My son went to buy some headphones from currys, spent quite a while deciding which ones he liked, took the card to the till and the assistant persuaded him to buy a different set of headphones, being a young lad he felt pressurised to buy these at a cost of £40 more. When he go them home and tried them out he didn’t find them suitable, he took them back to the shop and they wouldn’t exchange them for the ones that he originally wanted, but they wouldn’t because they had been opened and they said for health and safety reasons. Could you tell me where he stamds on this please. Thank you.

    Reply
  • Tania Gudka 29 March, 10:52 am

    I bought a jumper from a seller on eBay 1 month ago. I washed the jumper for the first time, following the washing care label, and it’s ruined and totally out of shape and now unwearable. The seller is arguing that it was new went sent with packaging and labelling, and items can only be returned if unworn and unwashed! Where do I stand?

    Reply
  • david warnock 18 April, 9:12 am

    Bought a chip and pin card reader from pay leven on 12dec 2013, got used for 1st time shortly after but next day it wouldnt work so got a replacment unit but on trying to use replacment for 1st time same thing again wouldnt work so contacted seller who after a couple weeks told me under their terms and conditions i was not due a refund but as this bought over phone on credit card and nowhere on their web page was any terms /conditions mentioned so can you tell me what rights i have in getting a refund from this company as now a week since i last spoke to anyone in this company

    Reply
  • Marie threlfall 24 April, 8:28 pm

    I paid £5600 for a 2 year old car from polar for 2 months ago, after 5 weeks the airbag light came on, took in for repair, was told fixed, week later light back on, took in for repair, same day on way home light came back on, was told various tales ie- unable to find fault as car really a fiat with a ford ka badge on ect. Took back in for a forth time and told let them keep it and use it for 48hr and if wasn’t fixed they would replace it, fixed it then light back on before we even picked it back up, was assured by sales manager they would exchange if reoccurred, spoke to repair manager who said he now thinks it’s fixed so after it’s took 72 hrs instead of the 48 can pick back up, problem is my 18 yr old daughter who the car was purchased for is now completely distraught at the thought of having to drive the car again, her experience of her 1st car has been very upsetting, I have had to take her to work numerous times over the past 3 weeks as car was unusable, although ford insisted it was, I thought if light on will fail mot so not road worthy, their cuser service has been rubbish, where do I stand getting a replacement as she has no confidence in this car now ?

    Reply
  • danny 14 May, 2:25 pm

    I purchased two hearing aids through a private hearing dispenser, their conditions of sale were full refund up to 28 days, they were fully aware that I had tinnitus & assured me that the aids would “mask” the tinnitus, this however is not the case & amplifies the noise & causes headaches .
    I have tried for a full refund as not fit for purpose, they refuse saying that SOGA does not apply as they have conditions of sale has been exceeded.
    tried a final letter or I would take court action, this just produced a threatening phone call saying the aids were fit for purpose & I would lose, having to pay their barrister etc.
    Aids cost £1400 & 20 months old. Any ideas please

    Reply
    • Consumer Power 19 May, 9:34 pm

      Danny, I am sorry to hear about the problems you have had with the private hearing dispenser. It is unclear from your post the reasons why the company has refused a refund or to at least refit you for new hearing aids. Please do not be intimidated by this company and their attitude towards customers leaves a lot to be desired for in customer relations. Do check your home insurance policy whether you have legal expenses cover as most legal expenses policies will cover you for legal costs in consumer disputes where the sum in dispute is in excess of £100. It is also unclear when the problems with the tinnitus arose and at what point you had reported the problems with the hearing aids to the company. There is a duty of care incumbent on the consumer to report the problem within a reasonable time period of discovering the fault with a consumer purchase. For a purchase which costs £1400, the item is expected to last a reasonable time period for a hearing aid. I would expect this to be a minimum of two years if a hearing aid cost £700. Ignore what the company says about a 28 day period for a refund as this does not affect or reduce your statutory rights in any manner. You may also wish to telephone your local Trading Standards for some detailed advice on your consumer rights against the trader. Should the matter reach the Small Claims Court, there are limited costs which can be recovered in a claim of this nature and this company will in fact not be entitled to claim for the costs of a barrister under the Civil Procedure Rules. However, court proceedings are time consuming and can be stressful. Therefore, I would encourage you to try to resolve this matter through a mediation scheme if this company belongs to one or to at least always be prepared to negotiate in the matter. You could also try the free legal advice services provided by either a Law Centre or Citizens Advice Bureaux – the one based at the Royal Courts of Justice has qualified solicitors who can look through the correspondence you have had with the company. I wish you the best of luck with resolving this problem and my advice is to stay with it and not to lose heart. At the very least, the company should consider refitting you for new hearing aids since the ones supplied to you did not last you a period of at least 24 months. I need to point out that this period is not set in stone – it is based upon what the average consumer would expect a consumer good to last based upon the price paid and £1400 is clearly a lot of money for something that did not even last two years. Good Luck!

      Reply
  • Vicky Jones 22 May, 4:31 pm

    I have purchased a sofa and payed outright for it , on the bill it states in red ink Manual Discount-promotional Marketing Voucher – £80.00. I have now received a Care & protection Plus 5 for 3 years for the full retail; value of £80.00 less I don’t understan this, does every sofa you buy have to pay insurance on it. Thank you

    Reply
  • Wendy 28 May, 8:23 pm

    we bought a sofa corner suite on Monday 26/05/14 from Harveys for £1099 this evening 28/05/14 it is being advertised for £879 is there anything we can do to get it for the new price

    Reply
  • Bob Irving 4 June, 7:29 pm

    Items for sale . I went to purchase an item advertised for £19.99. However when I went to pay for the item I was told it was £29.99.
    The rack upon which the item was advertised was priced as above as were all identical items on the rack.
    My question is : Can I demand the item should be sold at the price advertised, £19.99.

    Thank you.

    Reply
  • Lindsay McGibbon 4 June, 10:36 pm

    I tried to book a hotel room using the hotel website the first time the site took all my details including my card details yhen told me my session had expired therefore no confirmation issued, the second time I tried the website did the same tgen told me it was experiencing technical difficulties and again no confirmation of booking, third time lucky (or unlucky) confirmation was granted and we checked in tjinking the funds were only taken once. When we got to the room on checking my email I had 2 confirmation numbers I swiftly returned to reception and the guy refunded the first charge. You can imagine my horror on checking the bank and confirming that I had been charged 3 times although 1 charge had been refunded. On contacting the hotel to request the other outstanding refund the supervisor requested a full bank statement (I gave them a download of my online banking) which clearly shows the 3 charges and 1 credit, after chasing this for over a week via phone and face to face the supervisor had now told me to contact my bank, who have confirmed that the 3 payments went out and only one credit has come back. Given this confirmation from rhe bank is there anything I can do to recover this overpayment is the onus on the company to trace thr payment and initiate the refund or is there anything further that I need to do?

    Reply
  • Jabu Hlophe 6 June, 2:03 pm

    What happens if you owe the furniture shop and you are unable to pay the agreed installment because of financial strains and when you phone the shop trying to make arragngement maybe for a lesser installment they refuse and tell you that you must pay the agreed installment or they will collect the goods

    Reply
  • Mrs turner 29 June, 11:36 pm

    New sofa cost 3500 delivered January 2014 it is now june 30 2014 my cotton suite has now started to get bobbles on material if it was a jumper I would return to shop and get a refund got representative calling tomorrow to check it out what are my rights as I am not happy and dread what it may look like in 2/3yrs time.

    Reply
  • Lena 30 June, 5:05 pm

    It’s perfect time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I desire to suggest you few interesting things or tips. Maybe you could write next articles referring to this article. I desire to read more things about it!

    Reply
  • Rick 7 July, 3:48 pm

    I took a contract out with EE they gave me Sony sp to use with it , short version this phone has broken down 4 times , i refuse send off again for reapir when its obvious somethings not right, I spoke to EE bout the situation and first was told need break down 5 times before they do anything or replace it, so i rang them was told its twice, i have stated to them the sales act 1979 it states it should be fit for purpose which it clearly isnt i was told not there problem contact Sony…. Yet was EE that sold me the phone. i feel im intitled to refuse send my phone off again ( sent it that many times ive had to buy another to use my contract .. they are saying nothing they can do . can i return to the store and can i quote the sales act get them to change it if they refuse cancel my contract as its a breach of my rights? any advice would be great ty

    Reply