any consumer rights guru's here?, faulty 3 month old lcd tv - Page 2

FredSpencer · 25th May 2010, 13:41

Quote:

Originally Posted by baconbuttyman

question is. am i within my rights to insist on a refund

Yes you are. It's not a matter of whether they are being reasonable. If the item hasn't met the criteria posted in an earlier thread you decide what you want, not the vendor.

JohnDotCom · 25th May 2010, 15:04

As the store you have purchased it from has closed down, still think offer is a very good one.
After 3 months on old or returned stock (which is what these places sell anyway) think they will refuse cash refund and make you go through courts etc. I would!!
Many people purchased Rover cars I did and it went wrong in first few months branch and even Company gone,
many other companies have done the same and gone same way,
so you can't use the excuse the open branch is to far away as a reason for refund, even think a court would laugh that one out.

baconbuttyman · 25th May 2010, 15:46

Quote:

Originally Posted by JohnDotCom

As the store you have purchased it from has closed down, still think offer is a very good one.
After 3 months on old or returned stock (which is what these places sell anyway) think they will refuse cash refund and make you go through courts etc. I would!!
Many people purchased Rover cars I did and it went wrong in first few months branch and even Company gone,
many other companies have done the same and gone same way,
so you can't use the excuse the open branch is to far away as a reason for refund, even think a court would laugh that one out.

hmm, just contacted trading standards and they agree its not a plausable option to ask me to take a tv from a store i didnt buy from in the first place due to the distance, BUT, they also advised me that my contract was with the store that closed down so i can deal with it thru the credit card co, so thats the route i will be taking,

JohnDotCom · 25th May 2010, 16:40

Keep us informed of your progress.
The return of the TV set to the other store may still be part of any refund offer from Credit Card company or it may just become their property.

baconbuttyman · 25th May 2010, 17:25

Quote:

Originally Posted by JohnDotCom

Keep us informed of your progress.
The return of the TV set to the other store may still be part of any refund offer from Credit Card company or it may just become their property.

i dont mind handing the tv over to ever agent the credit card company appoints, its just the inconvenience of the location of the store, also there is an issue weather the other stores are due to close down

especially in this current climate

FROGGY · 25th May 2010, 19:31

Did no-one read the "Sale of Goods Act" info that I posted.(Post #4)

There are no arguments. It doesn't matter if they offer you a free Big Mac every week for 10 years, if it doesn't work, and you want your money back, they are bound by law to give you a refund (even if they are the friendliest, most tree-hugging vendors on the planet).

Mick

baconbuttyman · 25th May 2010, 20:22

Quote:

Originally Posted by FROGGY

Did no-one read the "Sale of Goods Act" info that I posted.(Post #4)

There are no arguments. It doesn't matter if they offer you a free Big Mac every week for 10 years, if it doesn't work, and you want your money back, they are bound by law to give you a refund (even if they are the friendliest, most tree-hugging vendors on the planet).

Mick

thats not exactly right, the store has a right under uk law yo fix the item, i am entitled to a full refund if the item is unfixable either due to cost or beyond repair, they are still allowed to offer an exchange. well thats what the trading standards people told me.

FredSpencer · 25th May 2010, 21:03

Quote:

Originally Posted by FROGGY

Did no-one read the "Sale of Goods Act" info that I posted.(Post #4)

Yes. I do believe I've been saying the same thing.

Quote:

Originally Posted by baconbuttyman

thats not exactly right, the store has a right under uk law yo fix the item, i am entitled to a full refund if the item is unfixable either due to cost or beyond repair, they are still allowed to offer an exchange. well thats what the trading standards people told me.

I suspect it would be uneconomical to repair it but don't think it is right that they have the option if it's not what you want. They can offer you whatever they want but it is your choice, so if you want your money back stick to that.

I also doubt your credit card company will do much about it. It's likely that the first thing they will say is you can sort it out with the vendor because he is offering resolution of the issue. I'd be interested to hear if that isn't their first response purely because that was what I was told in similar circumstances by my card provider.

FROGGY · 25th May 2010, 21:04

Go on the internet and read. Then tell your Trading Standards people to read.

Been there, done it, and over here they don't even know there is such a thing as consumer rights (until you present them with it all printed out, in French of course).

Here's another, this time from the vendor's responsibility side.
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.
In law you have a responsibility to your customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, you are legally obliged to deal with any claim of breach of contract.

Mick

JohnDotCom · 25th May 2010, 22:17

So many gaps in the act,
after three months a partial but not full refund could well happen,
this has happened frequently in court to my knowledge.
The branch that was dealing has now gone (closed/stopped trading) and that is who the contract is with not another branch or company.
Tread carefully and follow the advice given by Trading standards or accept swap as offered.

Credit card companies do also have let outs as well,
do wonder who the acts are written for sometimes.

25th May 2010, 19:31	#16
FROGGY I really should get out more....... MG ZT CDTI Join Date: Sep 2007 Location: 17500 REAUX, CHARENTE-MARITIME Posts: 2,749 Thanks: 2 Thanked 133 Times in 90 Posts	Did no-one read the "Sale of Goods Act" info that I posted.(Post #4) There are no arguments. It doesn't matter if they offer you a free Big Mac every week for 10 years, if it doesn't work, and you want your money back, they are bound by law to give you a refund (even if they are the friendliest, most tree-hugging vendors on the planet). Mick __________________ http://i200.photobucket.com/albums/a...ps628d4119.jpg IN THE BLACK NOW

25th May 2010, 21:04	#19
FROGGY I really should get out more....... MG ZT CDTI Join Date: Sep 2007 Location: 17500 REAUX, CHARENTE-MARITIME Posts: 2,749 Thanks: 2 Thanked 133 Times in 90 Posts	Go on the internet and read. Then tell your Trading Standards people to read. Been there, done it, and over here they don't even know there is such a thing as consumer rights (until you present them with it all printed out, in French of course). Here's another, this time from the vendor's responsibility side. 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. In law you have a responsibility to your customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, you are legally obliged to deal with any claim of breach of contract. Mick __________________ http://i200.photobucket.com/albums/a...ps628d4119.jpg IN THE BLACK NOW

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25th May 2010, 15:04	#12
JohnDotCom * Rover 75 FaceLift Tourer CDTi 170BHP Auto ConnSE 2005 Model Starlight Silver Join Date: Nov 2006 Location: Abergele Posts: 28,735 Thanks: 0 Thanked 6 Times in 5 Posts	As the store you have purchased it from has closed down, still think offer is a very good one. After 3 months on old or returned stock (which is what these places sell anyway) think they will refuse cash refund and make you go through courts etc. I would!! Many people purchased Rover cars I did and it went wrong in first few months branch and even Company gone, many other companies have done the same and gone same way, so you can't use the excuse the open branch is to far away as a reason for refund, even think a court would laugh that one out.

25th May 2010, 16:40	#14
JohnDotCom * Rover 75 FaceLift Tourer CDTi 170BHP Auto ConnSE 2005 Model Starlight Silver Join Date: Nov 2006 Location: Abergele Posts: 28,735 Thanks: 0 Thanked 6 Times in 5 Posts	Keep us informed of your progress. The return of the TV set to the other store may still be part of any refund offer from Credit Card company or it may just become their property.

25th May 2010, 22:17	#20
JohnDotCom * Rover 75 FaceLift Tourer CDTi 170BHP Auto ConnSE 2005 Model Starlight Silver Join Date: Nov 2006 Location: Abergele Posts: 28,735 Thanks: 0 Thanked 6 Times in 5 Posts	So many gaps in the act, after three months a partial but not full refund could well happen, this has happened frequently in court to my knowledge. The branch that was dealing has now gone (closed/stopped trading) and that is who the contract is with not another branch or company. Tread carefully and follow the advice given by Trading standards or accept swap as offered. Credit card companies do also have let outs as well, do wonder who the acts are written for sometimes.