Author Topic: Consumer Rights  (Read 1610 times)

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Offline James

  • Book Wanker Wannabe
  • General Member
Consumer Rights
« on: Monday 13 June 2011, 08:12:25 AM »
thought this would be a good thread to discuss consumer rights experiences, advice on how to act etc.

Yesterday while visiting my parents I passed Curry's which was closing down so I popped in to see if there were any good bargains and found an LG Blu Ray Player which was down from £180 to £60 (it was the display copy).

Bought it, took it home to Manchester on the train, opened it up, and plugged in, and lo and behold the disc tray was stuck.

I'm going to the local Curry's tonight but am worried that they won't replace it or even repair it for the price I paid. I don't really want a refund as that means spending more money down the line. What are my rights?
I looked into the eye of the Island and what I saw was beautiful.

toonlass

  • Guest
Re: Consumer Rights
« Reply #1 on: Monday 13 June 2011, 08:50:15 AM »
You have the right for the goods to be fit for purpose. So if the disc tray is stuck and you can't use the player you are entitled to a refund.

BooBoo

  • Guest
Re: Consumer Rights
« Reply #2 on: Monday 13 June 2011, 08:56:38 AM »
I used to work as a skivvy at Currys when I was at uni. They are generally sound with refunds.

However, no matter what the price, never buy display items as they'll have been kicking around the shop floor and warehouse collecting dust for months. There's a reason the display stuff is so cheap, it's because it's not looked after properly.

Offline ZeRoE

  • General Member
  • Torquay, Devon
Re: Consumer Rights
« Reply #3 on: Monday 13 June 2011, 08:58:19 AM »
As above.

I got an ex-Display TV from Currys about 2 months ago, Got it home, and there was a big vertical green line of dead pixels when I switched it on. Wasn't there when I viewed it in the shop, so I probably did it taking it home in the car :lol: but non-the-less, I took it back the next day, and although they had none of the same TV left in that store, they gave me a choice of equivalent priced TV, in the end I decided to stick with the one I'd just bought so they checked stock in another currys, got the authorisation code for replacement and I went and picked it up half an hour later.

Offline Ian W

  • General Member
Re: Consumer Rights
« Reply #4 on: Monday 13 June 2011, 09:10:32 AM »
Normally shops are pretty good in circumstances where the product is clearly not up to it. It might have been a display model, but it still has to work.

Online neesy111

  • General Member
  • Madrid, ES
Re: Consumer Rights
« Reply #5 on: Monday 13 June 2011, 09:12:40 AM »
Yeah, basically ex-display should just have a shorter life as they've been used.  But all products bought in a retail shop need to be fit for purpose.

Offline PENKAAA

  • General Member
Re: Consumer Rights
« Reply #6 on: Monday 13 June 2011, 11:15:14 AM »
I got a ex-display 37-inch TV from Clearance Bargains in Stanley for under £300 and its f***ing brilliant with HD. No problems as of yet, but i have a store warranty and manufacturers warranty if anything f***s up.  :thup:

Offline Magpie

  • General Member
Re: Consumer Rights
« Reply #7 on: Tuesday 5 July 2016, 07:32:02 AM »
So anyway my iPhone 6 plus stopped working week before last, touch screen unresponsive and then white lines started flickering down from the top of the screen.

Took it to Apple and the kid straight away said he'd seen the fault before and there was nothing they could do to fix it. He gave me two options; a) buy a replacement for £249 as it was out of warranty (purchased October 14) or b) take it to EE.

Took it to EE who insisted on sending it away fir repair. Without a loan phone I may add.

Got a reponse from EE yesterday quoting £255 for a replacement device. On their fault report the said:

'FAULT DESCRIPTION Physical Damage + Housing - Bent Enclosure + Touch Screen - no function'

The phone was spotless and the kid in Apple gave me a diagnostic report confirming this. The enclosure was certainly not bent!!!

Where do I stand?

Offline Mick

  • General Member
Re: Consumer Rights
« Reply #8 on: Tuesday 5 July 2016, 10:05:56 AM »
So anyway my iPhone 6 plus stopped working week before last, touch screen unresponsive and then white lines started flickering down from the top of the screen.

Took it to Apple and the kid straight away said he'd seen the fault before and there was nothing they could do to fix it. He gave me two options; a) buy a replacement for £249 as it was out of warranty (purchased October 14) or b) take it to EE.

Took it to EE who insisted on sending it away fir repair. Without a loan phone I may add.

Got a reponse from EE yesterday quoting £255 for a replacement device. On their fault report the said:

'FAULT DESCRIPTION Physical Damage + Housing - Bent Enclosure + Touch Screen - no function'

The phone was spotless and the kid in Apple gave me a diagnostic report confirming this. The enclosure was certainly not bent!!!

Where do I stand?

If you're still locked into a contract you could reasonably claim that the phone is not fit for purpose, I'm on my phone so can't quote legislation but will tonight if nobody else does before then.
"Hello, Bobby," he once greeted his England captain, Bryan Robson.

"I'm Bryan," the skipper replied. "You're Bobby."

Offline Magpie

  • General Member
Re: Consumer Rights
« Reply #9 on: Tuesday 5 July 2016, 10:26:25 AM »
So anyway my iPhone 6 plus stopped working week before last, touch screen unresponsive and then white lines started flickering down from the top of the screen.

Took it to Apple and the kid straight away said he'd seen the fault before and there was nothing they could do to fix it. He gave me two options; a) buy a replacement for £249 as it was out of warranty (purchased October 14) or b) take it to EE.

Took it to EE who insisted on sending it away fir repair. Without a loan phone I may add.

Got a reponse from EE yesterday quoting £255 for a replacement device. On their fault report the said:

'FAULT DESCRIPTION Physical Damage + Housing - Bent Enclosure + Touch Screen - no function'

The phone was spotless and the kid in Apple gave me a diagnostic report confirming this. The enclosure was certainly not bent!!!

Where do I stand?

If you're still locked into a contract you could reasonably claim that the phone is not fit for purpose, I'm on my phone so can't quote legislation but will tonight if nobody else does before then.

Something like this?

Mobile phone contracts

If your phone forms part of your mobile phone contract, your claim would be against your mobile phone service provider and you may be entitled to a free repair or replacement as part of your contract.

It’s worth checking your mobile operator’s terms and conditions to see what you’re entitled to.

In addition to your mobile phone operator’s terms and conditions, you also have your statutory rights under the Consumer Rights Act (which replaced the Supply of Goods and Services Act from 1 October 2015).

This means your mobile provider – in addition to providing their service to you with reasonable skill and care – has to ensure the actual handset is of satisfactory quality and fit for purpose.

You could argue that a handset sold on a two-year contract is only ‘fit for purpose’ if it lasts two years.


This is the route I'm going to have to go down I think however I believe they think I damaged the phone and caused the fault.

Offline Troll

  • Book Wanker
  • General Member
  • Sacramento, California
Re: Consumer Rights
« Reply #10 on: Tuesday 5 July 2016, 10:26:27 AM »
So anyway my iPhone 6 plus stopped working week before last, touch screen unresponsive and then white lines started flickering down from the top of the screen.

Took it to Apple and the kid straight away said he'd seen the fault before and there was nothing they could do to fix it. He gave me two options; a) buy a replacement for £249 as it was out of warranty (purchased October 14) or b) take it to EE.

Took it to EE who insisted on sending it away fir repair. Without a loan phone I may add.

Got a reponse from EE yesterday quoting £255 for a replacement device. On their fault report the said:

'FAULT DESCRIPTION Physical Damage + Housing - Bent Enclosure + Touch Screen - no function'

The phone was spotless and the kid in Apple gave me a diagnostic report confirming this. The enclosure was certainly not bent!!!

Where do I stand?


https://www.apple.com/uk/legal/statutory-warranty/

Quote
Under UK consumer law, consumers may choose to have defective goods or goods which do not conform with the contract sale either repaired or replaced free of charge. If a repair or replacement is not possible, would impose a disproportionate burden on the seller, or could not be performed in a reasonable time and without significant inconvenience to the consumer, the consumer may choose either to have the price reduced or to withdraw from the contract by returning the product in exchange for a full refund. A consumer is also entitled to withdraw from the contract by returning the product in exchange for a full refund if the consumer rejects the goods within 30 days or if the product does not conform with the contract after one repair or replacement. The primary responsibility to provide a remedy is on the seller, which would be Apple if the goods were purchased from the Apple Online Store or an Apple Retail Store. If the goods were purchased from a third party reseller of Apple products, the primary responsibility to provide a remedy will lie with the reseller. For goods purchased in England or Wales, these rights expire six years from delivery of the goods. For goods purchased in Scotland, these rights expire five years from delivery of the goods. A claim under UK consumer law may be made subject to the defect being present at the time of purchase.

Any defect or non-conformity of goods with the contract which becomes apparent within 6 months of delivery are presumed to have existed at the time of delivery. After the expiry of this 6 month period, the burden to prove that the defect or non-conformity of goods with the contract existed on delivery generally shifts to the consumer.

You're eligible for a free repair as long as it was a pre-existing fault.  EE are responsible for this, not Apple.  Because you've had it over 6 months, it's up to you to prove that the phone was faulty at the time of purchase.

EE seem to be claiming it was physical damage.  You need to prove it wasn't.  If the kid at Apple has seen it before, it sounds like a common problem and not something you've caused, so this is definitely worth bringing up.   You should look online for people who have encountered the same problem to see if the cause has been found - if it's confirmed to be a fault then that would be strong evidence in your favour.

Offline Magpie

  • General Member
Re: Consumer Rights
« Reply #11 on: Tuesday 5 July 2016, 10:36:05 AM »
So anyway my iPhone 6 plus stopped working week before last, touch screen unresponsive and then white lines started flickering down from the top of the screen.

Took it to Apple and the kid straight away said he'd seen the fault before and there was nothing they could do to fix it. He gave me two options; a) buy a replacement for £249 as it was out of warranty (purchased October 14) or b) take it to EE.

Took it to EE who insisted on sending it away fir repair. Without a loan phone I may add.

Got a reponse from EE yesterday quoting £255 for a replacement device. On their fault report the said:

'FAULT DESCRIPTION Physical Damage + Housing - Bent Enclosure + Touch Screen - no function'

The phone was spotless and the kid in Apple gave me a diagnostic report confirming this. The enclosure was certainly not bent!!!

Where do I stand?


https://www.apple.com/uk/legal/statutory-warranty/

Quote
Under UK consumer law, consumers may choose to have defective goods or goods which do not conform with the contract sale either repaired or replaced free of charge. If a repair or replacement is not possible, would impose a disproportionate burden on the seller, or could not be performed in a reasonable time and without significant inconvenience to the consumer, the consumer may choose either to have the price reduced or to withdraw from the contract by returning the product in exchange for a full refund. A consumer is also entitled to withdraw from the contract by returning the product in exchange for a full refund if the consumer rejects the goods within 30 days or if the product does not conform with the contract after one repair or replacement. The primary responsibility to provide a remedy is on the seller, which would be Apple if the goods were purchased from the Apple Online Store or an Apple Retail Store. If the goods were purchased from a third party reseller of Apple products, the primary responsibility to provide a remedy will lie with the reseller. For goods purchased in England or Wales, these rights expire six years from delivery of the goods. For goods purchased in Scotland, these rights expire five years from delivery of the goods. A claim under UK consumer law may be made subject to the defect being present at the time of purchase.

Any defect or non-conformity of goods with the contract which becomes apparent within 6 months of delivery are presumed to have existed at the time of delivery. After the expiry of this 6 month period, the burden to prove that the defect or non-conformity of goods with the contract existed on delivery generally shifts to the consumer.

You're eligible for a free repair as long as it was a pre-existing fault.  EE are responsible for this, not Apple.  Because you've had it over 6 months, it's up to you to prove that the phone was faulty at the time of purchase.

EE seem to be claiming it was physical damage.  You need to prove it wasn't.  If the kid at Apple has seen it before, it sounds like a common problem and not something you've caused, so this is definitely worth bringing up.   You should look online for people who have encountered the same problem to see if the cause has been found - if it's confirmed to be a fault then that would be strong evidence in your favour.

Cheers :thup: Yeah this is where I thought I was.

Offline Troll

  • Book Wanker
  • General Member
  • Sacramento, California
Re: Consumer Rights
« Reply #12 on: Tuesday 5 July 2016, 10:48:49 AM »
Is this your issue?


Offline Magpie

  • General Member
Re: Consumer Rights
« Reply #13 on: Tuesday 5 July 2016, 11:06:21 AM »
YES!!!! Exactly that

Offline Si

  • General Member
  • I dont handle change well.
Re: Consumer Rights
« Reply #14 on: Friday 2 September 2016, 04:53:29 PM »
EE are dicks when I had an S3 they sent it away for a known software fault had it two weeks and said it was water damaged so I contacted Samsung and they fixed it in two days free of charge.
Bearings Straight!

Open_C

  • Guest
Re: Consumer Rights
« Reply #15 on: Friday 2 September 2016, 05:21:33 PM »
On this subject, I assume a phone which is fewer than 12 months old and still in a contract can just be replaced with no undue drama at the shop if it develops a fault..?  A LED has appeared in the top speaker on mine which won't go out (had never previously been on at all, ever) which is irritating enough but also is apparently indicative of impending battery/charging failure.  Phone is just eight or nine months old, this shouldn't be a problem should it?

Open_C

  • Guest
Re: Consumer Rights
« Reply #16 on: Saturday 3 September 2016, 01:50:48 PM »

Unsurprisingly, this wasn't as easy as it should have been :lol:

Offline chopey

  • General Member
  • Co Durham, England.
Re: Consumer Rights
« Reply #17 on: Tuesday 25 February 2020, 06:29:42 PM »
Anyone ever had Amazon take money out of their account for something they haven't ordered, found out today I've been paying £7.99 a month for kindle books since 2015 and I've never used them.
Mike Ashley stole my 30's

Offline Troll

  • Book Wanker
  • General Member
  • Sacramento, California
Re: Consumer Rights
« Reply #18 on: Tuesday 25 February 2020, 06:32:36 PM »
You probably started a free trial then never cancelled.

Offline LoveItIfWeBeatU

  • General Member
Re: Consumer Rights
« Reply #19 on: Tuesday 25 February 2020, 06:39:41 PM »
£7.99 a month for nearly 5 years and you didn't notice? I suggest you check your outgoings against what you expect.

https://www.moneysavingexpert.com/banking/direct-debit/

If you talk to Amazon and they can see you've never used Kindle books they may refund you.

This is about Prime but may be useful for you to apply to your case: -

https://www.moneysavingexpert.com/reclaim/amazon-prime-refund/
Thier is not a word. "Their" is the correct spelling.

Win, Lose or Draw. NOT "Loose"!

Offline sadnesstan

  • General Member
Re: Consumer Rights
« Reply #20 on: Tuesday 25 February 2020, 06:43:30 PM »
£7.99 a month for nearly 5 years and you didn't notice? I suggest you check your outgoings against what you expect.

https://www.moneysavingexpert.com/banking/direct-debit/

If you talk to Amazon and they can see you've never used Kindle books they may refund you.

This is about Prime but may be useful for you to apply to your case: -

https://www.moneysavingexpert.com/reclaim/amazon-prime-refund/

At the very least you should get a free tour of the warehouse. Aaaaawwwww Brrrrrenda's cakes.

Offline chopey

  • General Member
  • Co Durham, England.
Re: Consumer Rights
« Reply #21 on: Wednesday 26 February 2020, 10:14:11 PM »
Just got this off Amazon, looks like Jeff will sort it for me

Hello Carl,

I'm Valeria of Amazon's Tech Support Executive Customer Relations team. Jeff Bezos received your email and I'm responding on his behalf.
                                                                     
I wanted to let you know we received your email and will respond shortly. In the meantime, please feel free to reply to this email with any questions or concerns you may have.

I appreciate your patience. Thanks for choosing Amazon.

Valeria E.
Tech Support Executive Customer Relations
Amazon.co.uk
Mike Ashley stole my 30's

Offline triggs

  • eirenufcfan
  • General Member
  • I've had my fun and that's all that matters
Re: Consumer Rights
« Reply #22 on: Wednesday 26 February 2020, 10:22:19 PM »
Not completely relevant but my car got wrongly clamped the other day and to appeal it you have to write a letter and physically post it to Dublin City Council. What a joke :lol:
"Lots of young fellas runnin' around in shorts, that's the kind of think you like looking at, and I bet you like that too, only you're probably imagining what they'd look like without shorts, you're sitting there imagining that with a big smile on your face, ya dirty fecker"

Offline chopey

  • General Member
  • Co Durham, England.
Re: Consumer Rights
« Reply #23 on: Wednesday 26 February 2020, 10:24:54 PM »
Not completely relevant but my car got wrongly clamped the other day and to appeal it you have to write a letter and physically post it to Dublin City Council. What a joke :lol:

Do you want me to write to the mayor of Dublin for you?
Mike Ashley stole my 30's

Offline chopey

  • General Member
  • Co Durham, England.
Re: Consumer Rights
« Reply #24 on: Saturday 29 February 2020, 09:37:10 AM »
Just got this off Amazon, looks like Jeff will sort it for me

Hello Carl,

I'm Valeria of Amazon's Tech Support Executive Customer Relations team. Jeff Bezos received your email and I'm responding on his behalf.
                                                                     
I wanted to let you know we received your email and will respond shortly. In the meantime, please feel free to reply to this email with any questions or concerns you may have.

I appreciate your patience. Thanks for choosing Amazon.

Valeria E.
Tech Support Executive Customer Relations
Amazon.co.uk

Just had an offer of £450 Amazon credit off Jeff
Mike Ashley stole my 30's