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Author Topic: Consumer law-can anyone advise?  (Read 13556 times)

Taz2

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Re: Consumer law-can anyone advise?
« Reply #45 on: July 27, 2015, 10:55:50 PM »

It's really good that you paid for these by credit card. I think you really need to use Section 75. This is the info from the link I put up a few days ago.

"Using Section 75 shouldn't necessarily be the first thing you do when you've been let down by a retailer, initially you should contact the company you made the purchase from and try and get a refund that way.
Although the credit card company is jointly liable, you are more likely to sort out the issue quicker by going to the retailer first.
You are also far more likely to get all the help possible from your credit card company if you have been to the person who supplied the faulty goods or failed to deliver a service first.
In the event they refuse or if you don't get a reply, then you should write to your credit card provider, including the following information:
What you bought, where, when and how you bought it, and how much you paid. Include copies of receipts.
Details of how the goods and services you received constituted a breach of contract as they were either faulty, not as described, or were not received at all.
Details of attempts you've made to contact the company and the responses you've had.
An explanation of what you want from the credit card company - namely to refund the money you paid for the goods you've received.
If you are rejected for a Section 75 refund and are adamant you think this was an unfair decision by your credit provider, then you can make a complaint to the Financial Ombudsman Service"

Good luck!

Taz x

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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #46 on: July 27, 2015, 11:06:11 PM »

Thanks BrightLight and Taz
I will ring Trading Standards in the morning. She is point blank refusing a refund
if I have no joy there I will follow the credit card route, thanks for the info Taz
I do not want the worry of accepting a repair as i cant see how she can correct things..just want the problem gone
PN x x
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Taz2

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Re: Consumer law-can anyone advise?
« Reply #47 on: July 28, 2015, 06:49:25 AM »

There's more info about Section 75 here http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases  I didn't realise that if you use a credit card to pay via Paypal you don't have Section 75 protection. Thanks for starting this thread purplenanny because I wouldn't have known that!!

Taz x
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #48 on: July 28, 2015, 08:28:35 AM »

Contacted TS. Apparently I must accept a repair/correction under the Supply of Goods Act 1982. She is acting correctly

Section 75 may apply, but the credit card company will contact the trader and may decide the route forward is a repair

So, that's it - I have no choice and she is correct.

It is not how I read it online on the government website, but TS said I may have been reading The Sale of Goods Act, which does not cover bespoke items - this comes under a service.

Speechless
PN x x

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babyjane

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Re: Consumer law-can anyone advise?
« Reply #49 on: July 28, 2015, 10:02:59 AM »

oh what a bother purplenanny.  I am so sorry but the trader does need the chance to right the wrong in my opinion.  I hate it when things don't work out, very stressful xx
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BrightLight

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Re: Consumer law-can anyone advise?
« Reply #50 on: July 28, 2015, 10:37:01 AM »

It's very confusing, I read it the same way as you PN. If the goods are not as described and faulty then you have rights. Maybe the rights are restricted to refund or repair. ? In any event I hope you end up with the curtains you want.
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getting_old

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Re: Consumer law-can anyone advise?
« Reply #51 on: July 28, 2015, 02:45:51 PM »

Did TS say what happens if the repair / correction doesn't fix the problem? Are you then entitled to a refund? Did you ask what evidence they would need to support a refund in the future?
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CLKD

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Re: Consumer law-can anyone advise?
« Reply #52 on: July 28, 2015, 05:59:54 PM »

Did TS tell you what happens if they have the curtains back but don't do a good repair or don't bother to return the curtains at all?  I thought that one is allowed to refuse a repair under 'not fit for purpose'  :-\ I know people who have had problems with washing machines or cars, by accepting a repair the problem dragged out ………..  :'(

Go back to TS and ask how long is an acceptable period for the problem to be rectified and what action should be taken if the Company hangs onto the items ……….
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #53 on: July 28, 2015, 07:06:10 PM »

I now have a case number with TS and can go back if the repair is not satisfactory. I will tgen have to get an independent report before I can get a refund

This is because it is classed as a service , not goods.
I have emailed the company to confirm that the parcel is ready for collection.
No response as yet.
Guess they are now going to keep me waiting. They are not happy

Anxiety going through the roof. May need to take a sleeping tablet tonight

Please be wary of your online purchases ladies. Section 75 is also not what it seems!
PN x x
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honeybun

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Re: Consumer law-can anyone advise?
« Reply #54 on: July 28, 2015, 07:10:05 PM »

Such a bl**dy shame PN when all you wanted was a nice pair of curtains, and I'm sure you would have been really looking forward to them, as I would.

I hope it all works out for the best.

Honeyb
X
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Limpy

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Re: Consumer law-can anyone advise?
« Reply #55 on: July 28, 2015, 07:12:53 PM »

Oh heck PN, it ain't easy but they must want to get it sorted too so shouldn't delay too much.

Whatever, when the package is collected make sure you you get a receipt for it.
Failing that, photos of the collector and their van.

Don't fret, you are doing all you can.
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #56 on: July 28, 2015, 08:16:59 PM »

Yes I was HB. Thank you

Thanks Limpy, good idea. I didn't think about a receipt. Hubby will sort as I have to go out so photos not possible, although good thinking. I do feel nervous letting them go.

Lady is not responding to my request for address to put on box and couriers name. Not going well!

PN x x
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BrightLight

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Re: Consumer law-can anyone advise?
« Reply #57 on: July 28, 2015, 09:15:41 PM »

Your situation has brought my issue with a window blind to come flooding back - you have my sympathy - it's a hassle and I hope there is a good reason the lady isn't answering you and that things start moving in a positive direction.

I just re-read all my emails to the company that supplied me the blind and although it was a hassle, it was worth it to return the blind that we didn't want.  Hopefully you will be happy with the replacement curtains.  Sending calm vibes x
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #58 on: July 28, 2015, 09:24:14 PM »

Oh how I need those calming vibes BrightLight!

I have just spent over an hour taking the damn things down and removing the metal pins (which gave me a blister putting them in!!)

They have been very carefully folded and placed in the original wrapping, with photos of every stage

Oh and how about this...... while folding them, I caught my hand on something sharp... and found a pin still in the curtain!! I rest my case about shoddy work and no final check!!

And breathe............
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BrightLight

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Re: Consumer law-can anyone advise?
« Reply #59 on: July 28, 2015, 09:54:01 PM »

(head in hands) yes breathe............. xx
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