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Don't be fobbed off: Sale of Goods Act - letter download

The One Show Team | 15:14 UK time, Friday, 3 July 2009

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Download our template letters here (Word format):

Dom Littlewood helped One Show viewers Suzanne and Chris Hodder. The couple's games console was faulty, but they couldn't convince the high-street retailer that sold it to them to give them a replacement.

When Dom informed the retailer that the Sale of Goods Act did apply in this case, the company agreed to replace the Hodder's faulty console with a new one.

If you buy goods from a trader, the Sale of Goods Act says they must be:

  • Of satisfactory quality - the product you buy should be reasonably reliable.
  • Fit for purpose - it should perform the function you bought it to do.
  • As described - it should be exactly what the trader told you it was.

If something you buy doesn't meet these standards, we suggest that in the first instance you contact the seller of your goods informally to see if they will resolve your complaint.

If this initial complaint is not successful you may want to send a formal complaint letter, using our template letter(s) as a guide:


See also: Watchdog.


Comments

  • 1. At 7:46pm on 03 Jul 2009, DevonLola wrote:

    This comment was removed because the moderators found it broke the House Rules.

  • 2. At 7:50pm on 03 Jul 2009, happycazzzz wrote:

    hi i was wondering if this is also concerns ps3 as i have one which is 13mths old and has stopped loading wont play games cd dvd or anything we have formated it but still wont load do i have any rightsthank youxx

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  • 3. At 7:53pm on 03 Jul 2009, progers3 wrote:

    My son has a Playstation 3, out of warranty by about six months, it ceased to function ( A condition commonly known online as 'The Yellow Light of Death'). The consumer rights info was very interesting, but the console was bought from Woolworths who are no longer trading. Any suggestions on what to do ? I contacted Sony and they want a £145 to repair it.

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  • 4. At 7:56pm on 03 Jul 2009, happycazzzz wrote:

    yes i rang sony they said if its out of warranty they said they wanted 99 pound what should we do

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  • 5. At 7:58pm on 03 Jul 2009, Quartzcrystalpower wrote:

    I bought a Shaker bed from Argos in January 2008, by October 2008 I didn't notice that a bit in the wood had split, but in February 2009 the wood in the middle collapsed. I rang Argos, but they told me as it was out of guarantee they wouldn't be able to do anything. So now my bed is propped up with boxes my Son put under there, which I am far from happy about!!

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  • 6. At 7:59pm on 03 Jul 2009, briimers wrote:

    Tell the whole facts, if the product is over 6 months the retailer has the right to ask the purchaser to proove by independent report that a part has caused the failure due to the part being faulty when manufactured, or that the build of the item has caused the product to fail, the purchaser has to pay for this report, if the company undertaking the investigation is unable to establish these facts the retailer does not have to refund, replace,contribute to the customer,this process is under the tile "reverse burden of proof",which is fully supported by the Trading Standards Office.
    Should the purchaser be able to proove the above the Retailer is still not liable to replace or fully refund, they may offer a contribution towards the repair, or pay for the repair, or not do any thing, from my understanding an offer of a contribution towards repair most likely will hold up in Court in favour of the Retailer.
    I can not state who I work for but find this request cropping up more and more, due to such consumer advice, which I do not disagree with, but please tell the whole story as people tend to believe every thing they hear upon T.V.
    The reverse burden of proof is difficult for the independent advisor to proove with many unable to do so,how ever big their company is, all the reports I have read write of a fault but are unable to establish that it was faulty or contributed to a fault when manufactured.
    Once the Purchaser has handed over the report stating the Manufacture is at fault, the Retailer will have the opportunity to have the item reviewed again by an independent Authority, so the purchaser should not expect an immediate answer, if the purchaser independent review can not establish the Manufacture to be at fault(I have never seen a report that does)the Retailer does not need to proceed further.
    Manufactures advise of known issues and extend warranties on the faulty part, this is confirmed on Mfg Web sites or when contacting them concerning the item in question, web sites decrying products are not accepted .
    Briimers

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  • 7. At 8:11pm on 03 Jul 2009, happycazzzz wrote:

    well i no that the xbox has had faulfts and the ps3 seem to be on the same lines y arnt sony looking into this like xbox have and they fixed all faulty machines over a yr old as well

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  • 8. At 8:16pm on 03 Jul 2009, Highriggs wrote:

    I purchased a Sony digital music player from a Sony outlet in the USA on th 5th March 2008. The player has stop working, it displays "Boot error, shutting down". I have spend sometin=me looking at the Sony web site looking for any software downloads to resolve the problem, but with not luck. Do I have any consumer rights since I purchased the device abroad abd the manufacturer is international?

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  • 9. At 8:24pm on 03 Jul 2009, progers3 wrote:

    The 'Yellow light of Death' does seem to be a common problem with the PS3, there are videos on Youtube relating to it , many forums discussing it, and several adverts from companies offering repairs for it. But Sony talk of 'high standards' and 'low failure rate' , none of which will get the PS3 working again.

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  • 10. At 8:26pm on 03 Jul 2009, happycazzzz wrote:

    here here lets get sony on here to c what they say

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  • 11. At 8:46pm on 03 Jul 2009, sally-anne-marie wrote:

    I purchased a PS3 for my son on launch day 23/3/2007. In feb 09 it just stopped working, checked on the internet for the same problem, and they call it 'the yellow light of death' and there have been a lot of people with the same problem. I wrote to Sony and they offered me a replacement at a cost of £145 and the return of mt son's PS3, I refused this, and have taken the matter to Trading Standards. Who has been advising me step by step. I wrote to HMV April 09 and they said "it is now out of warranty and therefore not in a position to offer me a replacement nor refund my purchase price. I phoned Trading Standard again who advised me to write to HMV again stating I am not claiming under my warranty but under my staturory rights. I have yet to hear from them.

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  • 12. At 9:00pm on 03 Jul 2009, briimers wrote:

    to sally anne marie, your item is over 6 months old. the law states you need to proove that the item was faulty due to poor manufacture or an item within the unit was faulty, upon this proof ,which will be difficult, you hand a copy to the retailer making a request to replace or pay for a repair, if no action from the retailer you can approach the small claims court which if you have sufficent proof will find in your favour, with out this proof the retailer need not take any action, if you can get the local media interested it is most likely the retailer will act and replace/repair as a gesture of good will as bad publicity is never sought.
    my experience shows that the independent authority will never be able to proove the manufacture is at fault, or are unlikely to do as the Manufacture may take action against the report should it be published and bring them in to disrepute.

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  • 13. At 9:01pm on 03 Jul 2009, Hueyandmackie wrote:

    My fridge freezer which I bought in Feb. 2008 from Currys for £250 broke down 3 weeks ago. I rang quoting the Sale of Goods Act. As advised by them I got an engineers report which cost me £30. They have admitted that the problem was inherent in the appliance however they have only offered me £125 in the form of a gift card. I have said that I do not think that this is a fair offer.

    I have now involved Trading Standards but they have been ignoring correspondence from them. Currys have sent the gift card for £125. I have not received anything for the engineers report although they have said that they will refund me this - although at first they offered this as a gift card as well.

    As you can imagine in this weather it has been really difficult managing without a fridge. I feel that I have been reasonable - I have requested a repair or like for like replacement. I would accept £200. I have not asked for compensation for the food spoiled when the appliance broke down, or the cost of recorded delivery letters, faxes and phone calls but they have not listened to any of this. My partner is on a liquid diet due to being treated for mouth cancer - so he cannot even enjoy a chilled bottle of water at the moment.

    I know that if they do not move from their offer of £125 I will have to go to the small claims court but it does not say anything for their customer service.

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  • 14. At 9:56pm on 03 Jul 2009, gailtvless wrote:

    As of 2 hours ago I am now in the same situation as Devonlola. I purchased a Bush IDLCD26TVHD from Argos in Durham on 25th March 2008 and now 15 months later my tv just went off and from reading her comment it sounds as the same thing that is wrong with hers has just happened tonight to my tv. As of next week I will be trying to get satisfaction from Argos and Bush as I'm beetting this isnt limited to only 2 tv's?????

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  • 15. At 09:59am on 04 Jul 2009, rainbowadamsrib wrote:

    does the sale of goods act apply to caravans? i bought a new caravan in oct 2005 for £20000. it is now leaking form the skylight in kitchen.

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  • 16. At 10:46am on 04 Jul 2009, playstraight wrote:

    I recently bought a sat nav from Halfords. Three of us were present. The assistant tried to get me to buy a carrying pouch and home charger. She said if the screen of the sat nav became scratched it would invalidate the makers warranty. I challenged this and three times the assistant reiterated what she had said and then added that staff had been instructed to say this. Later I called the Halfords national consumer line and asked that staff be told not to say such things. Despite my witnesses I was told that I was wrong and that they wouldn't have done so. I gave up. I am grateful for this blog to vent my frustration.

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  • 17. At 12:07pm on 04 Jul 2009, Frankie Empire wrote:

    My wife bought me a Pure DAB radio for Christmas on 23 December 2007 from our local Argos.
    Now 18 months later it won't turn on. Just no power at all.
    To be honest, it's been like that for a couple of months and because the radio is over a year old I've just ignored it so far. But I do miss my DAB stations in the kitchen
    The feature on the One Show last night has made me realise that i may still be able to do something about it (thanks for that BBC!).

    After reading some other comments specifically about Argos on here though, I was doubtful over my chances of success. Anyway, I rang the Argos repair / refund helpline.
    The lady i spoke to agreed that I should expect the daio to be still working and told me that it didn't matter about it being over twelve months old. She said that if I take it into the store the will repair or replace it for me.

    So I am now more hopeful and plan to visit the store later today.
    I'll report back here on how I get on. Just hope I don't have to start quoting this blog or the TV show.

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  • 18. At 1:43pm on 04 Jul 2009, bobzcat wrote:

    I was very interested to see this part of the show, my Wii has recently died, and as it was out of it's manufacturers warranty, I was worried it was going to cost a fortune to get it fixed - or worst case - replaced.

    I'll be digging out my receips etc and writing to the shop I got it from - watch this space & I'll let you know how I get on.

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  • 19. At 8:03pm on 04 Jul 2009, depp88 wrote:

    My xbox 360 had 2 faults in the one and half years i have had it.
    had it repaired in germany as under warrenty, but for this second problem [2 flashing lights and won`t work] microsoft wont fix it unless I pay £82 plus vat! I think microsoft are discusting, and should fix it for free. Now I will have to send a copy of Domanic Littlewoods letter to ToysRUs. Hope that helps. Thanks Domanic, for helping us poor lot who are being fobbed off by big retailers!

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  • 20. At 9:15pm on 04 Jul 2009, Frankie Empire wrote:

    Following from my earlier comment about the 18 month old DAB radio:

    I went to Argos armed with the knowledge from The One Show, the promise of action from the Argos helpline and the radio itself (complete with receipt and box). But the lady on Customer Service gave me the 12 month guarantee only spiel. She also said that I would need to contact the manufacturer. When I told her about the One Show feature, she brought her manager over. The manager had also seen the programme so granted a repair.
    They have now sent my DAB radio to a workshop to be fixed.
    Result!

    Thanks "The One Show".

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  • 21. At 10:44pm on 04 Jul 2009, happycazzzz wrote:

    i went back into argos 2day and they r going to send my sons ps3 back to sony to c what the problems is so hopefully they will fix it free of charge well we will c so if not dom plz get on the case. sony needs to start to think about these problems as am sure there r a load more

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  • 22. At 01:16am on 05 Jul 2009, garethlewes wrote:

    I bought a PS3 in November 07 and it broke 5 months after i bought it I got a replacement, It has recently broken again and they want me to pay £140 for it to be repaired. I bought the PS3 from Woolworths, so obviously I cannot tae it back to the retailer what do I do ??????????

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  • 23. At 09:30am on 05 Jul 2009, progers3 wrote:

    I am curious, all these broken PS3's, are they the 60gb models?

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  • 24. At 09:38am on 05 Jul 2009, progers3 wrote:

    To Happycazzzz, glad to hear you made some progress with Argos, but like Garethlewes above I bought mine in Woolworths so I cant even go to the store to complain. Come on Dom, have a word with Sony for us, they don't listen to us customers.

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  • 25. At 12:29pm on 06 Jul 2009, aditroyliz wrote:

    hi, i have a laptop that had expired the one yr guarantee and the extra 4yrs warranty i had paid for £258.00. Then 2 wks after my 4yrs warranty expired my laptop kjust wont turn on. i asked the warranty company(currys) if i can get my laptop repaired. They told us no, your warranyty had expired withn the last wks. either you buy a new laptop or pay for extra warranty. how can i claim a replacement or repairs for my laptop as it is still under the 6yrs period. Please, help me. looking forward to your answer. Thank you, kristina pedersen, southampton.

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  • 26. At 3:32pm on 06 Jul 2009, adelefromwidnes wrote:

    Many thanks to Dom and the one show - i have just exchanged a playstation3 which we bought for our son 18 months ago. i downloaded your letteer and took it to gamestation and within two hours received a phone call to say i could have a new playstation. last week i was told that because the warranty had expired they couldn't exchange it. also after having spoken to sony, they said they would change it for £150. So thank you very much again! adele from widnes

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  • 27. At 3:41pm on 06 Jul 2009, RichardMoss wrote:

    I bought my laptop, in January last year (2008), and yesterday (06/07/2009) it just stopped working. The problem happened after I updated the computer, I went to turn it on a few hours later and the screen goes white, then the colour just drains out of the screen.
    I took it back to PC World, where I bought it and I was told that I would have to pay £230 for it to be repaired, if it couldn't be repaired I would get the £230 back, but nothing else, I would not get a replacement, or a refund on the laptop.
    I then saw the One Show that featured the Consumer Rights piece, I then phoned up the Customer Services department of PC World, and they then told me that I would need to pay for an engineer to diagnose that the computer has an inherent fault, other wise they would do nothing.
    Any advice that I could get on this problem would be greatly received, as I am a student and require a Laptop/computer, and cannot afford to buy another.

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  • 28. At 8:18pm on 06 Jul 2009, bionicinterested wrote:

    You say that some goods are Warrentied for upto 6 Years! Where can I see list of the goods Warrentied for this length of time?
    Or do I hae to ask at the point of purchase?
    I ask about domestic items, white goods to be precise

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  • 29. At 9:12pm on 06 Jul 2009, desperado_09 wrote:

    How, if at all, does the Sale of Goods Act affect the following : I purchased a portable digital tv which will not tune in via a desk top aerial. Returning it to the retailer(Currys) for advice they, rather smugly imo, said I like many 1000s of others have found out this problem and, also as in their opinion the tv was not faulty, then it was tough luck. Even worse, their customer service (sic) support said if I did not ask all the relevant questions (!) they did not have to pass on such knowledge/information to me (even when they were aware). Is this a soft way of mis-selling or yet another case of buyer beware ?

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  • 30. At 12:58pm on 07 Jul 2009, Johnfrum wrote:

    I once bought a record player from Comet. The needle kept jumping on the records. I then had Comet giving me the insane argument about a Rolls Royce performance from a Ford price. They then tried to be positive, pointing out that the needle did not jump on tracks in the middle and on the end of the records.

    Crazy or what?

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  • 31. At 3:25pm on 07 Jul 2009, lordmactavish wrote:

    Cant seem to find how to download the consumer's sample letters, cant find a link!

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  • 32. At 5:44pm on 08 Jul 2009, luke_b123 wrote:

    The same problem has happened to me with dell. I brought a laptop (inspiron 1525) from them 13 months ago and 4 months ago when the laptop was still in warrenty the screen started to move (wobble) within its hinges, making it hard to keep still and use. I called up the company (technical support) and they were happy to fix it however the problem has now returned and dell dont want to know. I have written the letter which your website advises however they speak to me like i dont understand and that i will have to pay, they also tell me i have spoken to the highest autority which i dont believe and there is nothing they can do, however i belive this is not true. The fact of the matter is, is that if they had fixed it well in the first place then it wouldnt be happening now; a laptop does not go wrong twice in 3 months especially the same problem. I have now also noticed that there are screws missing in the bottom of the laptop so i believe that it wasnt fix properly in the first place. I have done my research and have found that other people who have the same laptop have had the same problem. All i need is some help getting through to dell, i believe i should get a refund or replacement. If anyone could help me with matter please comment !

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  • 33. At 3:30pm on 11 Jul 2009, mc-angries wrote:

    I hope some of you have had more luck than me, I used Dom's over 6 months letter as my Xbox live is 15 months old and is now dead with the red ring of death and have today recieved a reply from Blockbusters quoting "reasonable period of time for exchange,credit or refund for fualty goods as set by retailers for all hardware is one year from purchase" They go on to say "it is for the consumer to prove the lack of conformity in line with the sale of goods act 1979" They have asked me to contact Microsoft and get then to confirm there is amanufacturing fault and a reference number, let Blockbusters have this reference and when Blockbusters have confirmed this with Microsoft they will change or refund accordingly. So, in conclusion a total waste of time, as Microsoft are not going to confirm an
    inherant fault are they?

    Any other idea's Dom? I can't afford a new console.

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  • 34. At 3:27pm on 12 Jul 2009, tessmayneal wrote:

    This is to do with PC World. Myself and a friend purchased a very expensive VAIO computer back in 2003 and 2004, the salesman told us that there WAS a built-in microphone on these particular models, he even showed us where it was. But it took many phone calls to the Tech Guys and visits to the PS World store, only to find that after 2years of toing and throing regarding this issue, we are told the there is NO built-in microphone. My VAIO got to the point that it could not be repaired (more problems)but because i had a 5year insurance PC World had to replace it under their therm and conditions. But my friend who also had the same problems together with repeated trips to the store with her VAIO telling them what was wrong, well before her 3 year insurance run out, they did not repair of replace. Now she is left with a none working computer. But on one of her trips to the store she managed to get hold of all the reports from the Tech Guys. this was proofe that even the tech guys were looking for the biult-in microphone and the other problems she was having.
    So i wrote a letter to John Browett Exec. Director 16/3/09. i was contacted by their customer services department, again explaning what had happened, then i had to write another letter regarding my friend who's english is not good so that i can speak on her behalf. i did this and waited for a call. No-one called, but after a long time customer services phone my friend saying that they could not get hold of me after trying to phone me many times. I have an anwser machine and there were no messages from them. My friend was sent a letter offering her £200, i received no letter. So, i tried to telephone many times the person who wrote to my friend, but she was NEVER there, so i e.mailed her on 2/7/09 and did not receive any reply. On friday 10/7/09 i managed to get through only to be told she was not there, but i did get hold of someone, we spoke of compensation and i quoted him the Consumer Act he asked me how much we were thing of, I said £200 for myself and £600 for my friend for being Mis-Sold the VAIO. He went away and came back to me a couple of hours later with £50 for me and £300 for my friend telling me that she would be able to buy the same spec laptop for this amount of monies. I told him that there was not way that you could buy a VAIO for that mony, he said she could but it would not be a Sony. I dissagreed with him a said that i would get back.
    This is where we are at, at the moment. Is this a good deal? if it is not i do not know how to proceed and we need help. Should we accept their offer?

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  • 35. At 10:52pm on 13 Jul 2009, Auldtam wrote:

    I bought an LG tv just UNDER 6 months ago and the other day the screen went grey but the sound still works. I was told to check this website regarding the sale of goods act. I took the tv back to Comet today and asked for a refund as the tv was less than 6 months old. They refused and started quoting Comet's policy and the manufacturers guarantee.(I expected this) So I asked to see the manager and explained to her I wanted a refund, she refused so I handed her the pre printed sale of goods letter I downloaded from this website. She told me she would send it to the head office to deal with it. Watch this space!

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  • 36. At 2:48pm on 15 Jul 2009, phantomflinger wrote:

    Just as the One Show aired the story about the Sale of Goods Act and the problem with an X-box when my son had a problem with his 18 month old x-box. I downloaded the letter and sent it off to GAME, now on the One Show GAME stated that they would now abide by the Sale of Goods act and they replaced the x-box for the couple that Dominic was helping, but my letter from GAME just points out that if its a manufacturing fault it is only covered by guarantee for 12 months and if I return it to them they will test the x-box to determine if the fault is down to fair wear and tear and charge for the repairs!
    This is not the result I was expecting after watching the their response on the One Show.

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  • 37. At 7:32pm on 16 Jul 2009, PrincessSK8 wrote:

    i wish i'd got this advice earlier. i bought a brand new car in 2003 and have had so many problems with it. VW have been useless and i've paid hundreds over the years to get it "fixed". the problem would keep coming back and VW were not willing to help so i just paid over £800 to get the problem fixed by an independent garage!

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  • 38. At 7:36pm on 16 Jul 2009, msKingie wrote:

    Hi Dom, This is a great help I am sure.

    My dilemma is that I have been paying for shopping vouchers from a company called highstreetmax.com since Mar 08.

    I realised this in May 09. I should have checked my credit card statement more clearly.

    I am asking them either for proof of contract or a refund as I have never received any of these shopping vouchers. They have not offered either. My credit card company have refunded the last 3 months worth of payments (Mar - May 09) but this is the most they can legally do.

    Do you have any ideas?

    Thanks very much.

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  • 39. At 8:22pm on 16 Jul 2009, snapshot44 wrote:

    Hello Dom & Co
    1st of all well done yet again, great program

    I am 65 and disabled I purchased a wheelchair from a shop stating in their advert they are mobility specialists.

    I had both legs amputated below the knee and had prosfectics or some big word for false legs to me. I had to stop using them about 4 years ago as my problem has become a little worse.
    Me and my wife went to the shop and they decided the wheelchair to suit me was a standard wheelchair costing £400.

    On 2 occasions the wheelchair tipped over with me in it, so for this reason I stopped using it.
    I was recently told by a health visitor that it is the wrong sort of chair for my disability and going over like that (I was asleep at the time) could have killed me.
    She said that any mobility dealer should know that a person that has amputation should have a setback chair I understand that the axle to the rear wheels are set aprox 5inches more than a standard chair.

    I contacted the makers who agree with with the health visitor. they did tell me that there is an "amputee setback brackets kit" that a dealer can order I have been quoted £66.00 plus fitting, collection & delivery.
    I would not have purchased the chair if I had known (a) it did not suit my problem and (b) that I have to pay upto £100 maybe more. Can I go back to them and expect a refund or insist that it is adapted to suit without extra cost.

    Jim

    (or dont I have a leg to stand on)

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  • 40. At 8:33pm on 16 Jul 2009, 23buzzybee23 wrote:

    Evening,
    I'm slightly confused and wonder if someone can help.
    I bought a washing machine and 4 year insurance from Comet 2 years ago. The machine has broken down 4 times. I have asked/argued for a replacement stating the machine is not fit for the purpose I bought it etc. but Comet refuse, they claim the insurance policy only covers repairs.
    Can anyone tell me if this is correct or can I demand a new machine?
    Thanks

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  • 41. At 9:04pm on 16 Jul 2009, liamyoung184 wrote:

    i purchased an ipod touch from tesco 5 days before christmas and when i got it home tryed connecting to internet. however it didnt work but i just thought my router must not be good enough for the ipod.

    about 2 weeks ago i was in a wifi area and tryed the ipods internet again but nothing so obviously a problem with the hardware. i.e the wifi connection. so i take it back to tesco but they say they only have a 28day guarantee so we would have to take it back to apple.

    Apple told me they would have to pick it up and send it to theyre repair centre so day before it got picked up i took all music off it and charged battery up. few days later they send it back saying they will not fix its been damaged by force.

    when i receive it back they have placed an arrow pointiong to damage which is in the usb slot. this is where you connect usb to charge and download music to your ipod so now i cant do that and apple say nothing they can do as it wasnt damaged when it arrived there but it clearly wasnt damaged before i sent it as i had charged it for them.

    i dont know what else to do ive been into an apple store and theyve loooked at it and theyve even sayed they would have replaced it but they cant as apple already have a repair id out on it and if they replace it they would get into trouble?

    the guy in the apple shop even fixed the internet thee and then i dont see what i can do from here??


    please get back to me dom. thank you, liam

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  • 42. At 9:30pm on 16 Jul 2009, robertallott wrote:

    So you purchase a laptop from PC World after 16 months the laptop overheats and cuts out the laptop has to be pluged into mains all the time so what do you do downloads the letter take it to PC World there starts the problem PC World do not reconise the letter and dont reconise the sale of goods act

    next stage get intouch with head office after being fogged of and past fro pillar to post decide to send the letter to head office and 1 letter to chief executive still no responce to the letter the weeks up

    DON WHAT NEXT

    we need a follow up

    the only way to get anything done is to go see the nanager with a camera crew with you

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  • 43. At 9:50pm on 16 Jul 2009, RonaldTeske wrote:

    Hallo.
    I got a Samsung Plasma 50" Television and it broke down after 18 month I send the letter I down loaded from you`r side and sended to the shop I got it from,but there say it got nothing to do with them after the 12 month but the Manadger sad he try to get in touch with Samsung and see if there can help and if there can not then there is nothing there can do.I payed £999.90 an the 3-12-2007and I dont thing it should go wrong after 18 mot,Don if you read this is ther any chance to get this soted with the shop I know I have to wait till Samsung comes back the shop manager to see if there can get the parts to fix it to send to the shop where the tv is at the moment.
    I am 61 and it was hart for me to safe this money it is my only entertenment I have and I hartly go out and I have trouble with my legs so please if you can help please get in touch with me,Don I have the letter here but I can not download it to this side,if I could send the Letter to you`r email addresse then you can see what I am on about.
    Regards Ronald Teske London

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  • 44. At 09:15am on 17 Jul 2009, johneff1937 wrote:

    Regarding the comments about Bush LCD TVs...I have had the same problem,power supply failure, happen on the 32" model that you are talking about. I am sure as an ex elecronics enginner that there must exist an unherent design fault on this equipment. At present I am trying waiting for a reply from Sainsbury from where it was purchased
    I have also been in touch with Bush and got the 12 month brush off

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  • 45. At 11:24am on 17 Jul 2009, JoanneThmsn wrote:

    Hi Dom,

    I also purchased a Bush TV from Argos which only lasted just over 3 years when one day it just wouldn't turn on anymore. A few months later I heard on Capital radio that numerous people have had problems with Bush TVs as they seem to randomly stop functioning. Following this, I dumped my Bush TV and went to Currys to purchase a 19" Swisstec LCD TV HD ready (model number: SWI-X19M10L02G-803) in February 2008. Similarly to the Bush TV, this TV stopped switching on. After watching your show on consumer's rights, I contacted Currys about what happened to my television. They informed me that as I hadn't taken out the extended warranty they were not liable for any damages or faults with the TV. I explained to them several times about the 6 year time period in which the company is responsible for their faulty goods. However, they still insisted they were not liable. I then adapted your letter to suit my own situation and hand delivered this in to Currys. It has now been over a week and I still haven't heard from them. What do I do now? I can't afford to keep buying new TVs every few years, please help!

    Regards,
    Joanne

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  • 46. At 12:23pm on 17 Jul 2009, shellshamble wrote:

    Hello, Please help I have tried to download both of the letters but all I get is gobbledy gook, I have tried everything my laptop is compatible so I dont know what is wrong.

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  • 47. At 1:22pm on 17 Jul 2009, shawny1967 wrote:

    In November 2007, I purchased a Domotec Steam Iron from my local John Lewis Store.

    Almost seven months later it developed a fault whereas the off/on switch would not operate, thus making the iron unsafe to use.

    I went back to the store for a replacement/refund and was told that they were unable to, as the item was over six months old, and I had to contact the manufacturer.

    When I mentioned that I thought this was untrue, and that maybe the store should contact the manufacturer, they stated that this could be a few weeks, and that it would be quicker to contact the manufacturer direct.

    I was not offered a refund either.

    I contact the manufacturer, who sent out a replacement iron the next day, in return of the fault iron.

    When I informed John Lewis of the SOGA, I was told it was under their Terms and Conditions for refunding/replacements.

    However, earlier June this year, the replacement iron developed the same fault.

    I e-mailed both the manufacturer and John Lewis.

    The manufacturer contacted me and arranged for a replacement (another model) straight away.

    John Lewis replied a few days later "So that I can action your email could you please send me your contact
    details and any references you have from Domotec or ourselves?"

    Since I was given a replacement, I informed John Lewis, or then replied that I could have a replacement/refund.

    I questioned this, with "Why was I NOT offered this on my first iron" - To date I am still awaiting for a reply from John Lewis.

    For me, it has been the manufacturer that has answered and dealt with my problem, however under the SOGA, I don't think the manufacturer had any obligations to offer a replacement, but that of the retailer.

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  • 48. At 3:16pm on 17 Jul 2009, JOANNIE22 wrote:

    DOES SALE OF GOODS ACT COVER THE FOLOWING? EARLY JUNE COLD TELEPHONE CALL RECEIVED SELLING COVER/INSURANCE/REPAIR FOR SKY+ BOX. PAID £90 ANNUAL FEE. NO PAPERWORK RECEIVED TO DATE. RECENTLY SKY THEMSELVES RANG OFFERING SIMILAR (CHEAPER) COVER PROMPTED ME TO CHASE FOR PAPERWORK. WHEN I RANG CONTACT NO. [Personal details removed by Moderator] GIVEN BY A [Personal details removed by Moderator] AN ANSWERING SERVICE OFFERS 4 OPTIONS - NONE OF WHICH IS ANSWERED. MESSAGE SAYS OPERATOR NOT AVAILABLE RING BACK LATER. THIS I HAVE DONE ON NUMEROUS OCCASIONS BUT I ALWAYS GET THE SAME RESPONSE.
    ANY ADVICE?

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  • 49. At 3:50pm on 17 Jul 2009, robertallott wrote:

    This comment was removed because the moderators found it broke the House Rules.

  • 50. At 6:39pm on 17 Jul 2009, R100ELL wrote:

    I bought a Sony 40" LCD TV from Comet at the end of December 2007 which has stopped working corrently (sound but no picture). I sent Dom's letter and got a bit of a fob off from Comet customer services. They did offer to collect my television and take it away for repair at my cost. Tonight I have sent them the following statement to them via the "Contact Us" section on their website and they state they will get back in touch the next business day

    "Customer seeking repair/replacement under SOGA

    I understand that a member of the service department has instructed my wife by telephone today that they will be uplifting our television on Tuesday 21st July for repair.

    I also understand what you stated in a previous communication by [Name removed for the moment] regarding the manufacturers guarantee but I must reiterate that given the cost of this item and the perceived quality of this manufacturers goods that this item must have been inherently faulty at the time of purchase and as also stated in the Sale of Goods Act 1979 it is mentioned that goods should last a REASONABLE LENGTH OF TIME. Now, as I live in Scotland this can be up to 5 years. If I were lucky enough to live in England or Wales this would have been 6 years but alas I do not. As the fault on my item is not from something I have done I can rightly predict that this was a technical error with the product.

    As a consumer the law is there to protect me and my rights. There may be a warranty that lasts for 12 months but this comes from the manufacturer and this is entirely separate from the consumers legal rights under the Sale of Goods Act. I must therefore say that before Comet arrange collection of my television for repair, I get assurances that this repair will be done wholly at your cost & within a reasonable timescale.

    If you are not able to commit to this please advise me what your solution to this matter would be so I can consult with other relative authorities to ascertain what the best plan of action is."

    I probably wont hear from them until Monday but I will keep you posted if with their response on this matter.

    Wish me luck

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  • 51. At 6:59pm on 17 Jul 2009, r05haw wrote:

    I wrote to PC world after watching the program and they replied..... couldn't beleive it!!
    My problem was with my hp laptop, i was told by various people the graphics card had gone (as the screen was red instead of the normal black and photos were fuzzy around the edges) and then i was told i just needed a new screen. The laptop is about 1 1/2 years old.
    The reply i got was that i had to supply them with an indepandant engineers report including costs to fix etc....where i get this i dont know...probably have to pay for it!!!!!

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  • 52. At 7:01pm on 17 Jul 2009, robertallott wrote:

    Phew what a day its been no sooner I posted the blog got a call from [Personal details removed by Moderator] customer executive PC World he decide not to have the laptop bench tested but decided to replace the laptop with a new one to the price of the old one. Great replaced to old laptop got a better spec one result

    This is down to Don's letter and making sure you stick to your objectives.

    I wanted the computer replaced not repaired I regarded it as a fire hazzard would accept nothing less.

    So if you have any problems with PC World call [Personal details removed by Moderator] this is a direct number to him.

    Thanks to the One Show thanks to Don

    never give up the number will help you

    Robert Allott





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  • 53. At 10:33pm on 17 Jul 2009, RonaldTeske wrote:

    I dont wont to be a spoild sport but all these comments I am reading and no comment from Dom,I know he must be a buissey men but what is the point for all these comment when there is no respont from the person these comments ar directed to.Is there any chance,Dom,to give us any kind of comment and tell us what you thing of the letters people have posted.

    Ronald Teske London

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  • 54. At 1:17pm on 18 Jul 2009, Victoria_M wrote:

    Hi,

    Does the Sale Of Goods Act Apply when purchasing from a manufactorer like Dell?

    I recently purchased a new Dell inspiron Laptop direct from Dell. The fault I am getting seems to be with the pre-loaded operating system not having been loaded and configured correctly, so when I open any of the Microsoft office applications, windows installer comes up with 'Wait While Windows Configures Office Home & Student 2007', so basically it is having to re-install the application to open a new file or an existing file. At first, I thought this was just has the trial version on the laptop was set up, but I when I actually bought the software and loaded it onto my laptop, it did the same, so every time I want to create or open an existing document it goes through the same process, and takes over a minute when it should load straight away.

    Dell will not look at the issue unless I pay for technical help for software, as my warranty only covers hardware.

    I have spoken with Microsoft, and they have said the only way to resolve this issue is to re-load the operating system onto the laptop, but then I will lose all the applications that came with it. There is also a Dell restore function that takes the laptop back to its manufactured state if required, but because the fault is inherent on the system, the faulty operating system would be reloaded.

    When you try to speak to Dell, you get the run around, being passed from customer service, to technical, back to customer service, and back to technical who want to charge you to resolve the issue. The help lines are not in the UK either, so I am also finding they arent fully understanding what I am saying. They also follow a script and dont deviate from it and the lines are only open Monday to Friday when I am at work.

    I have tried emailing them and they have ignored me im pulling my hair out now. The issue is that annoying I cant use the Office applications which I have paid for. I want to complain, but cant get through to anyone to complain too!

    Help!!

    Victoria M

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  • 55. At 7:27pm on 18 Jul 2009, BJCSmith wrote:

    In May this year my wife and I together with our son and his wife went on a holiday on the Orient Express to Venice, where we stayed for 4 days. That part of the holiday was fantastic.
    The second part of the holiday was to be spent Cruising on the Fred Olsen Cruise Ship, Black Watch back to the UK.
    The itinary was such that we were supposed to visit Sibenik on the 13th May. I suppose we did see it from the boat. When we arrived at the entrance to the harbour on the morning of the 13th there was already another ship in our proposed berth, so the Captain would not enter the port.

    He then made hasty arrangements for us to sail onto Dubrovnik, where we were due to berth on the 14th May. In stead of which we arrived early evening of the 13th May.
    We remained there until late afternoon on the 14th May.

    Our next port of call was to be La Goulette, Tunisia on the 16th May, but we never even saw it. During the night of the 14/15th May, one of the engines blew up. This resulted in the ship reducing speed considerably.

    The Captain announced on the 15th May that as a result of this partial engine failur we would no be visiting Tunisia, but instead we would contine onwards to our next port of call which was to be Lisbon on the 19th May. This we did.

    As a result of us being unable to visit these ports, Fred Olsen gave every passenger £50 on board credit.

    On return to the UK we received a letter from Bath Travel, (whom we had booked the holiday through) stating that we could have a one off £250 each reduction, that we booked through them in the next 3 years.

    We had whilst still on board the ship made a formal complaint to Fred Olsen about the missing out of the two ports. They promised to reply with 28 days.

    It a few days after the 28 days had expired, that they replied. They offered nothing as they said that the £250 was a joint contribution betwwen themselves and Bath Travel.

    We paid for these holidays by Credit Card. Having briefly explained our case, do you think that we have any further redress against Fred Olsen or Bath Travel?

    Regards,
    Brian Smith.

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  • 56. At 1:13pm on 19 Jul 2009, cod4ric wrote:

    Hi Dom and the team,I recently contacted Argos about my faulty xbox360 games console because it is over 2 years old and having seen your piece on the sale of goods act.Their response seems a little strange compared to the response you received from Game.They are prepared to refund me the cost minus wear and tear without looking at the console but they will not refund the entire cost or issue a replacement unless I have an inspection report to determine the fault.The console had to go back for repair to Microsoft for a faulty dvd player within the first year and when it broke down againafter 2years 3months I assumed it was out of warranty and tried to repair it myself which though I do build my own pc's, was not quite so easy and cosequently didn't work.I used your SOGA letter and the response was as stated above what would your advice be pursue further or take the money and run ?

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  • 57. At 2:20pm on 20 Jul 2009, darren747uk wrote:

    Hi Guys,

    I also have a play station 3 that was purchased around 18 months ago from woolworths that is now faulty. Have any of you had any success with sony for a replacement? I was told in a phone call to them that i would have to pay £150 for a replacement as it was out of warranty. Very dissapointed.

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  • 58. At 7:35pm on 20 Jul 2009, R100ELL wrote:

    Further to my previous blog regarding my ill-fated 40" LCD TV. I have today received the following email from Comet customer services. Things are not looking good. Looks like I am going to see how much they are going to rip me off for in a repair. I am not a happy bunny and will NEVER deal with Comet again or indeed will I consider buying Sony products either if this is the kind of equipment they are starting to sell.

    "Thank you for allowing us to be of service to you.


    Response (Sarah Elvidge) 20/07/2009
    Dear Mr Riddell,

    I am sorry to hear that you are unhappy with my previous response.

    Having reviewed the entire matter, while I am of course very sorry that you disagree with the information in my previous e-mail, I am satisfied that it is correct and am therefore unable to help you any further on this matter.

    As advised, once in the workshop you will be contacted regarding the best course of action. Until the unit has been fully inspected, we are unable to confirm this to you.

    Please accept my apologies for the inconvenience you have been caused.



    Regards

    Sarah Elvidge
    Comet Customer Services"

    If only Dom could have helped me :(

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  • 59. At 10:19am on 21 Jul 2009, JamesHilling wrote:

    Yet another Sony Playstation 3 customer with a faulty console out of manufacturers warranty and bought from Woolworths, is there anything we can do...? Please help, I feel highly undervalued as a consumer and that Sony should have an obligation to repair/replace a product that cost in excess of £400 and does not work after 2 years. I understand the SOGA is with the retailer, but surely if they are no longer trading it should fall within the remit of the manufacturer? Dom is legendary at sorting this stuff out, I hope he can help not just us, but the many, many, many PS3 owners that I have spoken to with the same issue!

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  • 60. At 7:23pm on 22 Jul 2009, maryg453 wrote:

    I bought a Sony Eriksson mobile phone in September 08. In April, it froze and stopped working completely. I took it to the O2 shop and it was sent away and repaired. In June this year, the same thing happened. Again, I took it to O2 who sent it away for repair. I enquired how many times this had to happen before I was given a replacement and was told that on the third occasion, for the same fault, I would get a replacement. Last week, the same thing happened to my phone so when I take it back to the retailer, I fully expect a new phone. However, as much as I like the phone, I am wary about getting the same make and model again as there is clearly some kind of fault. Am I entitled to a refund/choice of phone of equivalent value or am I obliged to accept a replacement of the same make and model?

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  • 61. At 7:49pm on 22 Jul 2009, R100ELL wrote:

    Got a call today from Comet service department. They have offered to repair my TV for £383.50 and retuyrn it within 10 working days repaired. It needs a replacement LCD screen.

    Can anyone help????????????

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  • 62. At 09:50am on 23 Jul 2009, StillOptyMystic wrote:

    There would seem to be a number of us having little or no success with
    our Sale of Good Act Problems

    I have a Gateway laptop purchased from Tesco which has failed with a faulty motherboard after 22 months.

    I delivered the downloaded letter to Tesco Customer Services in Purley so I know it didn't get lost in the mail - that was 10 days ago and I've not even received a reply

    PERHAPS DOM NEEDS TO DO A FOLLOW UP QUOTING SOME OF THE PROBLEMS AND SUGGESTING WHAT WE DO WHEN WE HIT THE BRICK WALL SET UP BY LARGE CORPORATIONS

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  • 63. At 1:38pm on 23 Jul 2009, LISAKNIGHTS wrote:

    I watched your show about the Sales of Goods Act only a few days after my son had received a bike that my husband and i bought him for his birthday off of ebay back in April. We are living in France so i had the bike delivered to my Mums address and my husband drove over in June and bought it back. My mother thoroughly checked the box it arrived in for damaged and when she found none she signed for it with the courier, as this was advised my the company we bought it from. It was an ex-display bike with a few scratches (is stated) and we paid £79.99 for it. When my husband put the bike together and my son tried to ride it the breaks and gears would not work. I emailed the seller and they sent me via their felix.com/ website as they said it was a common problem. The instructions were no help and still the problem existed so i took the bike to a respected and well none repair centre for them to just look at and they said the problem was a snapped gear cable. I emailed the seller yet again to inform them but could get no reply so eventually i took the bike and got it repaired so my 8year old son could ride his new bike. I emailed the seller again to tell them the cost of repair but still no reply so after two weeks i tried again but this time the email address had changed so i went via the website and got that email address and emailed quoting the sales of goods act 1979 and that email got returned.
    I have been to ebay and paypal but they say they can't help because 45days had passed since the transaction. So i phone VISA, another waste of time as they took say they can't help which didn't come as a big surprise because i had gone through them a couple of years back when i bought a log burner from Scotland and the door wouldn't shut properly and VISA told me then that i would have to sue VISA if i wanted them to help. It turned out with the logburner that the company selling them were making copies of the fires they sold and it seems the fire we got was one of the copies.
    It seems that no one ever seems accountable when things go wrong and its always left the to buyer to try to resolve the problem and i assume most buyers using VISA/Paypal are ordinary people like my husband and I who just don't have the knowledge or money to be taking big companies to court. Even quoting the Sales of Goods Act 1979 has no effect on these companies and so i just have to live with the fact that i paid nearly as much to get the bike repaired as i did to buy the bike.
    Lisa Knights

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  • 64. At 4:57pm on 23 Jul 2009, windbradley07 wrote:

    hello, please can you help? i brought a xbox 360 in march 2008 and become faulty in feb 2009 i got an exchanged but {game} did not give me another reciept. when i got the exchanged one home the tray was abit sticky but didnot bother me as such at the time,i went to play a game today and the would not open at all, i tryed for 30 minutes turning on and off with no avail, i then gaved it a bang on top and it then oopened.i contacted game by the shop i purchased it from and they told me because it was an exchanged unit speak to customer services.

    hear goes {laura goodwin } from customer services, she tells me that because i brought back a faulty xbox after 11 months i could off been given a reconditioned one if i wanted my money back game would not have given me a full refund but they would off deducted 11 months of usage and given me whatever back. i have been told sent it back and if they {game } find out that its been faulty due to usage then i will have to pay them to fix it, THE SYSTEM IS LESS THAN 6 MONTHS OLD
    then trys and tell me that the one shows experts are wrong!thank you

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  • 65. At 5:04pm on 23 Jul 2009, oneshowresearcher wrote:

    Frankie Empire - I am a researcher for the One Show's consumer affairs team. I would like to talk to you about your DAB radio and the good result you got with our template letter. I'd be grateful if you could email as soon as possible me at: katie.bodinger@bbc.co.uk with your phone number so I can get in touch.

    Thanks, Katie.

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  • 66. At 12:14pm on 24 Jul 2009, bagpussmyhero wrote:

    6. At 7:59pm on 03 Jul 2009, briimers wrote:
    Tell the whole facts, if the product is over 6 months the retailer has the right to ask the purchaser to proove by independent report that a part has caused the failure due to the part being faulty when manufactured, or that the build of the item has caused the product to fail, the purchaser has to pay for this report, if the company undertaking the investigation is unable to establish these facts the retailer does not have to refund, replace,contribute to the customer,this process is under the tile "reverse burden of proof",which is fully supported by the Trading Standards Office.
    Should the purchaser be able to proove the above the Retailer is still not liable to replace or fully refund, they may offer a contribution towards the repair, or pay for the repair, or not do any thing, from my understanding an offer of a contribution towards repair most likely will hold up in Court in favour of the Retailer.
    I can not state who I work for but find this request cropping up more and more, due to such consumer advice, which I do not disagree with, but please tell the whole story as people tend to believe every thing they hear upon T.V.
    The reverse burden of proof is difficult for the independent advisor to proove with many unable to do so,how ever big their company is, all the reports I have read write of a fault but are unable to establish that it was faulty or contributed to a fault when manufactured.
    Once the Purchaser has handed over the report stating the Manufacture is at fault, the Retailer will have the opportunity to have the item reviewed again by an independent Authority, so the purchaser should not expect an immediate answer, if the purchaser independent review can not establish the Manufacture to be at fault(I have never seen a report that does)the Retailer does not need to proceed further.
    Manufactures advise of known issues and extend warranties on the faulty part, this is confirmed on Mfg Web sites or when contacting them concerning the item in question, web sites decrying products are not accepted .
    Briimers

    Actually this isn't true any more. While the Sales of Goods Act is great we should actually be quoting EU Directive 1999/44/EC

    http://ec.europa.eu/publications/booklets/move/64/index_en.htm

    The important bit is on page 7 : 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'

    As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to prove the fault is inherent in the product and has not been caused by their actions.

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  • 67. At 12:24pm on 24 Jul 2009, bagpussmyhero wrote:

    Remember that even armed with the Sales of Goods Act and EU Directive the companies are probably still going to procrastinate. In the first instance complain in person to the store, ask for the manager and take their name, assuming they will not agree to the terms of the law, escalate by phoning the head office and state that you would like to make a complaint to the managing director as normally companies will have processes in place for this event. State your case and if they say they will get back to you ask for a time/date. Send the template letter. If they do not get back to you by that time/date call again. Finally if this is all for naught then send a letter stating all of the above dates and times and that if you do not have a satisfactory resolution in 7 days you will have no choice but to take them to small claims court. Most companies will back down at this point as the cost of the court appearance will far outweigh the expense you are claiming for. This should not be an idle threat however as you need to have the courage of your convictions.

    Hope this helps,

    BP

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  • 68. At 4:18pm on 24 Jul 2009, SuperKinny wrote:

    Hi all, (sorry this is a long one)
    I'm somewhat confused as to what I can do. I purchased a Sony FZ11M laptop in july 2007 and then another in august 2007 (£850) (I have reciepts for both). The one purchased in July 2007 is fine, however the one purchased in august has the fault which is detailed as follows:

    The laptop showed the Vaio logo on start up and then black and blue vertical blocks appeared across the screen. The laptop was reformatted to factory state and during the user account set up the laptop froze and the blue and black vertical blocks appeared again. It was taken back to the PC World where it was purchased and I was put through to Sony for a few trouble shooting tips which didnt work. Since then, the laptop has been reformatted twice and keeps going in circles where it re-starts and states that windows hasnt started properly with the black and blue vertical blocks appearing after a screen full of the á character.

    I've been to PC World on the 21st July 09 where I was put through to sony for a bit of trouble shooting which I went through to give them the benefit of the doubt, the trouble shooting didnt work. I went back on the 24th July 09 stating the Sale of goods act.

    Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
    Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
    It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

    I spoke to the manager at PC World and he's now said that I have to prove that the goods were faulty from purchase when I stated that I have 2 laptops which are exactly the same model so how can one break down (which is the newer of the two).

    Where/who would I get to prove that the laptop was faulty to begin with?

    And as bagpussmyhero wrote:

    Actually this isn't true any more. While the Sales of Goods Act is great we should actually be quoting EU Directive 1999/44/EC

    http://ec.europa.eu/publications/booklets/move/64/index_en.htm

    The important bit is on page 7 : 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'

    As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to prove the fault is inherent in the product and has not been caused by their actions.

    Where can I find in writing that the buyer isnt required to prove that the fault is inherent?

    Please help! It's not right that I've spent £850 on a laptop for it to be useless in under 2 years also with PC world quoting me at least £200 for repairs.

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  • 69. At 2:51pm on 25 Jul 2009, AngleSpawn wrote:

    I purchased a pc desktop from pc world 2008 .Well this 13 month Ipower 8620 the model of the pc under an extended agreement and warranty...
    well within the first few months was starting getting error's and slowing down on this pc huge amount of lost to production and performance.
    I found out that my pc fans have stopped spinning. Took me about 2-3 phone call to the tech guys eventually got an engineer to come out and fix the issue.

    After that its just got worse more parts and repairs for nothing Im getting fobbed off with one phone call to the next.

    This has been happening over a year now and the tech guys state I have only phoned them up with problem for 5 weeks... knowing that the extended agreement state I able to replace or get a voucher as for a replacement is for any faulty pc products has to be written off is the problem has been six week or more.

    Its going no were fast at this rate... I need this pc for college, and my parents also need it to send mails and do other businesses stuff with it.

    Its currently not working at the moment using college pc to sort thing out and find out whats need to be done ..

    Im sure Im entitled to a new or a replacement pc. No one in our house hold are happy with this product and definitely not happy the way pc world and tech guys have sorted the problem out I see so many forms with the same trouble but different models of pcs .

    How can this company be making money with problems like this I never know? Its just stupid them keep sending a guy out to repair a pc that cause hell of allot of problems you think it be wise to go for the cheaper option and just replace the pc.

    You also this when they send an engineer out to fix hard ware issues or problem they should stay and wait until they know the pc is fully working properly...
    But they dont they install the hardware and setup and installation then go. The amount of time Ive asked them to stay and check the pc to see if ok... They all come out with the same comment sorry I cant stop only scheduled for so long to repair as we have other clients with problems. which is understandable as im to the only one complaining

    Well poor customer services and not solving the problems with the pc. I'm basicly lummbered with a £900 tin can ornment just sitting in the room sure ther something that i can do.

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  • 70. At 12:06pm on 29 Jul 2009, SecretLore wrote:

    I just wanted to write to thank Dominic Littlewood for his very helpful article re. Sale of Goods Act 1979 (As Amended).

    My husband purchased a fridge/freezer from Comet in July 2008 and by June 2009 it was leaking out the freezer coolant and Comet were not accepting any responsibilty and blaming the manufacturers.

    I wrote a letter of complaint quoting the Sale of Goods Act 1979 (As Amended) and within 5 days we received a voucher to exchange the appliance for a brand new replacement for the cost of the old one, which was sorted out within 3 days of receipt of the letter!

    So a BIG THANK YOU to Dominic Littlewood for his invaluable reporting!!

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  • 71. At 3:29pm on 29 Jul 2009, robertallott wrote:

    Update on PC World customer services or lack of it numbers to call

    Head Office 01727 202120 dont call this number will get fogged off

    customer service department based in Sheffield the guy to call to deal with your problem is [Personal details removed by Moderator] he's a customer executive the number is 0844 5610000 ex [Personal details removed by Moderator] CALL THIS NUMBER

    so far my laptop has gone in to be bench tested and a decision will be made on what to do with the laptop mend it or skip it the laptop overheats cuts out several times a day and has to be plugged into mains all the time making it a static machine told Mathew that the laptop is a fire hazard and I don't want it back need a voucher for the set price I paid for and go and purchase a new laptop.

    no sooner had I taken the laptop to be tested got a call from Mathew he said wer are going to give you a new laptop to the value of the old one so when down to PC World got a new laptop RESULT

    So armed with Don#s letter and the above direct contact number hopefully make life that much easier and you will get the same result as me



    Robert Allott

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  • 72. At 10:50am on 30 Jul 2009, marylo1970 wrote:

    I brought a set of 3 candles from Ikea a couple of months ago. They are scented. We keep them on the windowsill of our downstairs cloakroom and had rarely lit them. This was probably about the 2nd or 3rd time they had been lit one evening and had been lit about 1 hour. We hear the sound of a glass falling onto something, went into the toilet and the middle candle as ablaze, the wax was lit, the top half of the glass had exploded and fallen to various places in the room. The flames had gone up some inches and had burnt melted the upvc window frame at the base of the window, and caused the window to crack from bottom to top. Consequently the toilet seat is burnt and the lino on the floor has been burn in various places where the glass had scattered. It has caused smoke damage around the room on the paintwork too. My husband had to put the fire out with a wet teacloth thrown from a distance. I need to write a letter of complaint to IKEA, but due to the nature of this we want to get it right first time. We have taken photos of all the damage and kept the candle and bits of glass. We have two young children in the house, and had these candles been anywhere else in the house the consequences of this could have been disastrous. Help needed please. Mary

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  • 73. At 10:26pm on 30 Jul 2009, phantomflinger wrote:

    Since my last entry on the blog page my other son's X-Box has also stopped working(3 red rings)yet again less than 2 years old. I am sending them back to GAME this time quoting the EU directive 1999/44/EC so I will let everyone know the result of this next round of the X-Box battle. I have asked how they can determine if a fault is down to fair wear and tear on something that uses a laser to get information from a spinning disc?

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  • 74. At 5:25pm on 02 Aug 2009, benfleetbird26 wrote:

    My oven has just developed a fault it is 13months old
    I have receipt and date of purchase (20/6/2008)
    It has a glass lid which totally collapsed on me during cooking. I have a second degree burn on my finger
    The lid now doesnt remain open and due to this the hob will not work.
    I feel that an oven (a long term investment) should last longer than 13 months? Do I have a leg to stand on?
    Any advise greatfully received
    PS Belling Anthracite 756

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  • 75. At 9:39pm on 02 Aug 2009, R100ELL wrote:

    Further to the saga over my faulty 19 month old Sony 40" LCD TV. Comet are not going to budge over this. I have went into length over the Sale Of Goods Act and also the EU directive to no avail. Today I received the following communication from them

    Thank you for allowing us to be of service to you.


    "Response (Glenn Holden) 01/08/2009
    Dear Mr Riddell,

    Thank you for your e-mail,

    The EU directive concerned is not a guarantee, it aims to set out a minimum period of time in which you can claim against a retailer for an item that does not conform to contract. In England and Wales, the Sales of Goods Act already affords you a superior level of cover; 6 years (5 in Scotland).

    After the initial 6 months of ownership, the burden of proof falls on the consumer to prove an item does not conform to contract. This being the case, an inspection is chargeable. The repair costs will be established based on the results of the inspection, and depend on the fault.

    The Sale of Goods Act 1979 (as amended) does not require goods to remain fault free or fit for purpose until the end of their accepted working life. It only holds the retailer responsible for faults present at the date of purchase. It does not hold the retailer responsible for faults that develop after purchase, as the Act is not the equivalent of a guarantee.

    Our returns policy conforms fully with the Sales of Goods Act, however we will be happy to discuss the matter further with an appropriate third party should they choose to contact us.

    However if you can provide either more details of how and when the problem occurred or an independent report detailing the nature and cause of the fault we will be only too pleased to give this matter further consideration.

    If you require any further assistance, please contact me using the Ask a Question facility on the website http://comet.custhelp.com/cgi-bin/comet.cfg/php/enduser/ask.php


    Regards,


    Glenn Holden
    Comet Customer Services"

    I am now taking my television to a local independent television engineer to get their opinion on this problem. Let see if they can help me out with this.

    I am not happy at having to shell out over £380 to repair a TV that is only 19 months old but I don't know what else I can do

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  • 76. At 12:43pm on 03 Aug 2009, Murtle14 wrote:

    I have problem with a laptop and presented a letter based on your great proforma BUT I was informed that the claim for refund is only for 28 days from date of purchase not the 6 months on the letter. I was stoned walled for the refund. Is it ^months or 28 days?

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  • 77. At 4:15pm on 04 Aug 2009, SuperKinny wrote:

    X-Box 360's are covered for 3 years by microsoft if they either get the red ring of death or the E74 error message. You should go directly to microsoft as you can arrange a pick up of your console with UPS and they'll ship it back.

    Mine took under a week, they didn't repair the Xbox but they replaced it instead. With very close inspection the only fault with the new console was a tiny scratch so I'm assuming it was a refurb.

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  • 78. At 9:31pm on 05 Aug 2009, chrisheat1 wrote:

    Hmmm. Currys - 3 items ceased to function within a year. 1st try, the manager claimed not to have heard of the Sale of goods Act. Letter to main office, got a 2/3 refund (poor). 2nd and 3rd time got full refund on the spot from young salesperson. Definite POLICY of misinformation there.

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  • 79. At 5:12pm on 07 Aug 2009, lilymummy wrote:

    I wondered if anyone had had trouble with the internet company Pixmania? I bought a mobile to replace one which had broken, but when it arrived I couldn't get it set up for picture messaging, or internet access. I'd bought the same model as my last phone as I'd like it and used picture messaging a lot. It turns out that that particular phone was made for a Middle Eastern market, and the software wasn't compatible for use here. I tried e-mailing and phoning Pixmania, which turns out to be a French company, even though the website is .co.uk. Customer service is awful. Basically they just keep telling you someone will be in touch, which never happens. The total cost came to just less than £100 so I can't even claim on my credit card. Beware to those out there who may be thinking of using this site!

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  • 80. At 4:42pm on 10 Aug 2009, Exhall wrote:

    It does seem that whilst Dom gave us help, major retailers are just turning up their noses and saying in effect "Get Lost". In some ways I sympathise; it seems very wrong that a manufacturer can limit responsibility to perhaps a year but the poor old retailer has to carry the can.
    It also seems that because of the terrific response to Dom's efforts, retailers can barely afford to help everyone and will try anything to avoid responsibility. It says a lot for the manufacturers when there is so much faulty equipment being sold !
    The main plank of the argument is the necessity to prove that the fault is "not fit for purpose" which is both expensive and not always easily proved in any case. The Act needs amending to read simply "Faulty"

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  • 81. At 4:44pm on 10 Aug 2009, Exhall wrote:

    I muust add that my problem is with a PIXMA !

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  • 82. At 4:33pm on 13 Aug 2009, cambo_2 wrote:

    I too have a PS3 that has failed. It is the problem with the drive, that won't read any discs at all. Sony want £99 for the repair. The unit itself is 18 months old, but has probably only been used for about 25-30 hours in that 18 months. I think that this is appauling. If i had used it 8 hours a day 5 days a week then i could understand that, but after this small ammount of usage?
    Sony are not budging on this and are saying that i have to pay or nothing will get done.
    I also have a Sony PS1,PS2, a PSP & a Sony TV all of which are much more than 18 months old and still function properly and like new. Does brand loyalty mean nothing?
    If i don't pay for the repair then i have an expensive shiney black box sitting under my TV that does nothing!!
    Any help appreciated

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  • 83. At 7:29pm on 13 Aug 2009, devilfacekiller wrote:

    I bought a sofa from a small company after a month the cushions we sit on have gone saggy I have been into the shop every week to get something done about it and am told the manageris away but soon as he comes in it will get sorted please what are my rights

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  • 84. At 7:33pm on 13 Aug 2009, Kirstye654 wrote:

    Hey, wondered if anyone knows much to do with mobile phone contracts? I took out a contract with orange last June and the buttons on my mobile phone cracked in half about 4 weeks later. They replaced the phone but the same happened to the next one within a week. I was told by someone from their call centre that if the same happened to a third one I would be entitled to another mobile or to cancel my contract. The same happened again and the functions on the phone didn't work properly. After continuous phone calls, I was offered the choice of 2 different handsets, both worth only half the value of the original phone. I was also refused the offer to cancel the contract. The only other option was to continue replacing my handset but since I had already had about 4 or 5 new handsets they were only willing to offer reconditioned ones. I'm nearly at the end of this contract now after giving up on orange due to being cut off several times on the phone. But I'm wondering whether I would of been entitled to anything better?

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  • 85. At 7:34pm on 13 Aug 2009, The1Parris wrote:

    I just watched the package about Curry's and faulty laptops! I could not believe it, I have been experiencing exactly the same thing. For almost a year I have owned an HP laptop, which from day one has not functioned properly. Initially staff told me the issue was possibly caused by a virus (although the laptop was less than a fortnight old). I forked out a further £50 at the PC World for an anti-virus programme that made no difference. 5 months later, the overheating laptop overheated for the last time and blew the hard drive taking months of my daughter college work with it. It went off for repair, kept overheating and almost exactly 6 months since the repair it died again with exactly the same symptoms. I have 2 weeks left on the warranty. When I called Curry's tech line, I complained and told them I was not satisfied as the hard drive failure was being caused by a more pressing issue. The real problem was not being addressed. I was told it was at the managers discretion (at my local branch where I purchased the laptop) whether the would replace / exhange the laptop for me. Clearly, that is not true as the sale of goods act surely applies here? I was told to write a letter of complaint, but also that unless my laptop had "become faulty a number of times" then there was no chance". Begging the question, who faulty does faulty need to be with Currys? So, imagine my surprise when I discover The One Show dealing with this exact top, and exactly the same laptop is sitting on screen throughout the piece! Tomorrow I am going to do my utmost to get this sorted out! Thanks!

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  • 86. At 7:42pm on 13 Aug 2009, toughlivingthedream wrote:

    mobile contract phone broke down 9months into an 18month contract.problem being the audio had packed in.so took it down to the local vodafone shop were they posted it off to there workshop.about 2 weeks later i got my phone back with a photocopy ot the inside of the phone and the explanation was water damage and there warranty does not cover that.so i'm locked into a contract with a phone i can't make calls on.after watching the show tonight i was wondering if i had any rights??

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  • 87. At 7:54pm on 13 Aug 2009, bagpuss121 wrote:

    Please help!! I have just watched the eppisode on 13 August and am experiencing the same problems as the girl featured on the show with the laptop. I too am having great difficulties with Curries who are refusing to give me a refund, i have complied with all of their requests including my laptop being sent away 3 times each time returning in the same condition. I have already sent out the sales of goods act letter and they continue to refuse to help me. Please help.

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  • 88. At 8:03pm on 13 Aug 2009, waveygravey wrote:

    bought a samsung tv 46" just over 2 years ago paid £1400 from currys, it packed up a month ago and currys want £700 plus to repair it they say the fault is the panel which includes a new screen. i have obtained an independent report on the tv and they say that this part should not have failed so soon i have threatened currys with legal action but they still will not repair the tv under the sale of goods act. can ayone help?

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  • 89. At 8:11pm on 13 Aug 2009, grandAncientMariner wrote:

    I purchased a Vodafone 830 mobile phone from a Vodafone shop in May this year. At the time I told the assistant that I would be using it with a Virgin sim card. It has already been replaced once due to not holding a charge for more than 72hours on standby [Their advert states 300hrs]. However now I am unable to send or receive a picture. Vodafone state that I need to get the settings from Virgin, but Virgin do not recognise the make of phone so have no settings. I have been going back and forwards, either to the shop or phoning Virgin, getting no joy. Does this sale of goods act apply in this instance. Grand Ancient Mariner

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  • 90. At 8:22pm on 13 Aug 2009, magicadampearce wrote:

    I have just watched tonights show about faulty goods purchased from Curry's. I purchased a JVC TV, Surround Sound system and Dvd Player from Curry's in November 2005. When i got it home and set it up they were not compatible with each other. I went back to the store and spoke to a member of staff who advised that they would get the store manager to call which he never did. I went back to the store and spoke to a different member of staff who suggested it might be the remote and asked that i return the remote so they could send it off for inspection. In December 2005 the remote was sent off for inspection and was returned with no reported faults. I returned to the store and spoke to another member of staff who suggested sending the remote off and getting that checked out which i advised had been done already so they gave me a replacement remote to try and sent the other remote to be looked at again. The replacement remote did the same and the original remote was once again returned with no reported faults. I returned to the store again and they arranged for an engineer to visit my house which they did and they advised me that the units were not compatible with each other (What a genius). I returned to the store again and they advised that it was a manufacturers issue and that i needed to contact JVC. I did this and they advised that it was the retailers responsibility to replace the goods or refund the money. I returned to the store once again and they refused to accept responsibility and the problem still exists. They offered me there display model which was the last one they had and was damaged and in poor condition so i refused to accept it. I was advised that they were not getting any more in stock either.
    I even went to another Curry's store and they said there was nothing they could as it needed to be sorted out by the store i purchased it from.
    I still have all the documents from when the remotes went of for inspection etc. I appreciate this is now 4 years on but the problem existed when i purchased the goods and in my opinion were faulty at that time.
    Where do i stand with this? Please advise
    Many Thanks

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  • 91. At 8:41pm on 13 Aug 2009, brightchirp wrote:

    Thankfully I have just watched today's one show and was glad for the advice given about faulty goods. I purchased a hp laptop 8 months ago in PC world and was after a laptop with bluetooth integrated which I was told it had. When I began to use it however I found that it was not there. The laptop then began to cut out whenever it was moved even slightly, the battery was red hot and I could not even put it on my lap and the dvd player also stopped working. I rang up HP as I was told by PC World that once it was sold they were not responsible for it. The tech guys at hp told me that it could be a virus and then after numerous calls and a lot of resetting I was told I needed to book it in. I went into PC World as I was unhappy that such a new product could be so faulty this soon and staff at pc world went onto to tell me that I could never receive a refund because it was more than 28 days old and that it would need to be booked in a further 3 times before they would even think about replacing it and when I replied by telling them that I felt that a product should not be breaking down to such an extent so soon, they said I should have purchased a PC monthly tech guys set up package even though I had a warranty. It seems that PC World not only sell faulty goods but are aware of their unreliable products because they are very keen to sell on their monthly charged tech assistance. I do not want the product back I would like the money that I paid for it so that I can go to a reputable organisation that provide a product that works and who do not abdicate their responsibilities.

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  • 92. At 8:42pm on 13 Aug 2009, brightchirp wrote:

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  • 93. At 9:05pm on 13 Aug 2009, tim_29 wrote:

    My Fiancee got a free mobile phone with her current contract. It has gone wrong after just 5 months. We agreed to let the service provider arrange a repair. It took two weeks and within 18 hours it had gone wrong again (same fault). She now wants a replacement. The service provider have said in no uncertain terms that this will not happen and it's not even their resonsability to arrange a repair (we even have a recorded call with their customer service department telling us this). My question is, if the phone was free with the contract do we still have a leg to stand on?

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  • 94. At 11:55am on 14 Aug 2009, Blogproblem wrote:

    I brought an appliance from Comet in November and have been having problems with it since April and I just wanted to says that Comet's customer services is rubbish. They have my money and I have asked for a refund or a replacement and they told me I was not entitled to one. I have now downloads Dom's letter and hopefully this will make an impact because my last letter didn't.

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  • 95. At 2:29pm on 14 Aug 2009, deborahjenkins1968 wrote:

    Thank you One Show! I bought an American style fridge freezer from currys on 26th June for £800. On 29th July it broke down and I have been without a fridge or freezer ever since. I keep getting fobbed off by Currys, they say it's now under the manufacturer warranty period. Even consumer direct said I had to give them a reasonable chance to repair it! Apparently it's a faulty motherboard which is currently out of stock and may take up to 28 days to arrive. I sent them Dom's letter today by special delivery so I know they'll get it tomorrow. If this doesn't work I think I'll be forced to stage a sit-in at the store until they agree to do something - so look out for me on the news!

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  • 96. At 4:54pm on 14 Aug 2009, brinx13 wrote:

    I seem to have the same problems with my laptop as RobertAllott. But I have rung PC World and tried to speak to the person he suggested but have had no luck. They just dont care!

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  • 97. At 6:59pm on 14 Aug 2009, R100ELL wrote:

    For 2 weeks now my TV has been back from Comet after they quoted me £383 to repair it. I sent the TV to our local repair agent and they have had it since and we are still waiting on a reply. I have been patient but I have to say that COMET did not fulfil their obligation as far as I can tell about the Sale Of Goods Act and are as bad if not worse than Curry's customer service.

    Looks like I am going to have to bite the bullet and buy another TV. I am sorry that this did not work for me. I don't know how more persistent I could have been. Thanks for the letter Dom but it did naff all for me.

    Why oh why can I not get a 19 month old £720 TV repaired or replaced under the Sale Of Goods Act or the EU Directive?

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  • 98. At 1:46pm on 18 Aug 2009, phantomflinger wrote:

    A result; from my previous comments regarding X-Box 360's breaking down after 18 months. I had sent my sons consoles to GAME for examination to see if the problem was defective parts or down to fair wear and tear. Both consoles were returned today in working order, no charge was made in fact the cost of sending them to GAME was refunded in full, so a big thankyou to GAME for playing the game and abiding with the Sale of Goods Act and EU directive.

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  • 99. At 2:17pm on 18 Aug 2009, brinx13 wrote:

    I would like to thank a fellow commentor on this blog. RobertAllott posted some very helpful information, which has since been removed. But I followed his advice and within 4 days have had my laptop replaced. Why dont PC World just do the decent thing in the first place, when you have genuine reasons for concern, and stop putting us punters through so much grief!!

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  • 100. At 5:33pm on 19 Aug 2009, Grennis wrote:

    Dealing with Currys is like poking your fingure into a jelly, each employee tells you a different conflicting story
    I bought a Panasonic DVD recorder from Skimpet Hill , Bracknell on July 4th. It was faulty. I had been told by the manager that Currys full guarantee applied to the purchase
    The manager, Dave, offered money back or repair, I chose the latter.It would take two or three weeks.
    I went home and read Currys guarantee, he should have offered a replacement unit.
    I established there were units remaining in branches but they evidently Currys cannot do inter branch transfers of stock.
    Several weeks went by and I was telephoned by a warehouse employee at Skimpet Hill saying they could not send the unit to Panasonic because they would not service a "new" unit. I must wait till 4th August before it could be despatched. I reluctantly agreed
    Fast forward to Sat Aug and an assortment of stories----
    (1) It,s being checked by engineers following repair.
    (2) It went off last week, back in 2or 3 weeks.
    (3) In accepting repair, due to my ignorance of the guarantee terms I was in the wrong
    (4) It was at Currys repair facility not Panasonic!
    I despair, I now have to wait and pray!
    Dennis of Bracknell
    PS Currys manager told me my custom is now unwelcome

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  • 101. At 7:24pm on 20 Aug 2009, energizedcustoms wrote:

    I have a faulty Bosch Kettle purchased from Debenhams for a Christmas present. I returned it to the store and was told there was nothing they could do as i didn't have a reciept. Is this true??

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  • 102. At 7:28pm on 20 Aug 2009, AngleSpawn wrote:

    Hi i brought a ipower 8620 packarbell pc last year. I;m grateful the letter of the sales good act template has worked they have given me a voucer towards another pc £419.99 off the new pc well thats ok sighed up a new contract and got a new dont mind this... What got me is i was told by the fiacne department and the manager of pc world that the direct debit of the old pc would have stoped as i wouldnt need to pay for it as the pc has been written off. That not true we have a dirtect debit of them taking out a payment for the old pc this month. even though we have canciled it twice with the bank.

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  • 103. At 7:43pm on 20 Aug 2009, Pat Taylor wrote:

    We purchased a samsung 43 inch flat screen tv from currys 5 or 5 years ago (SAMSUNG SP43W6HL ). Recently i bought a PS3 thinking that i could use the PS3 with the tv as it states that it is 1080i HD Ready and has the logo. To my dismay i found that when searching the internet i found that this TV is not capable of showing HD especially when it has PS3, Xbox etc attached to it. The TV apparently does not meet the standards under EICTA Regulations and its HD logo in which it was sold, as HDTV must accept 50hz/60hz@720p/1080i to meet these regulations. Also must have at least 1 HDMI slot to be HD ready which it does not have any.

    Where do i stand given the length of time as i feel we were ripped off several years ago and now have a TV which is useless when it comes to HD. I have not been in touch with Curry's as we have not found the paperwork for the TV yet.

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  • 104. At 7:47pm on 20 Aug 2009, Bill Raison wrote:

    While browsing the Canon website last year, I spotted a reference to a known fault on my digital camera. Although the camera was at least five years old, I contacted Canon and subsequently mailed the camera to their recommended address. A couple of weeks later, my camera was returned, fault repaired, no charge. Well done Canon.

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  • 105. At 7:49pm on 20 Aug 2009, daveloydon wrote:

    i purchased 2 watches from Play.com,phoned today to ask for replacements and was told "nothing to do with us contact the manufacturer" they put no address or email on there site so one way to get in touch only 0845 number can anyone help

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  • 106. At 8:04pm on 20 Aug 2009, capricornleebrad wrote:

    would like some advice on the following please - I purchased a hotpoint washer/dryer from a local store where I live 2½ years ago. The first machine didn't work at all and the store owner said I had to contact hotpoint direct, I had to threaten to leave the machine on the doorstep before he would replace it. Anywhere, now on the second machine (I took out an extended warranty thank goodness) which hotpoint have been out to repair around 15 times for various reasons (the current one they have been to fix 6 times) and I have just called them out again. You would think they would say enough is enough and look at other options, but no, they just keep coming out to fix it and just keep having to take the day off work because their call outs are either 8am to 1pm or 1pm to 6pm. Do I have any recourse under my extended warranty to say this is silly, just give me a new machine (my warranty is a new for old one). Can anyone advise me please.

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  • 107. At 8:05pm on 20 Aug 2009, potestman wrote:

    Would the sale of goods act also apply to a holiday package? My partner's suitcase got lost and was not re-united with her until she returned to UK.despite being assured it would be located.It ruined her holiday as all clothes and assentials were in it. We have tried contacting her insurance, the carrier, and the holiday provider but to no avail.

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  • 108. At 8:07pm on 20 Aug 2009, redroz1e wrote:

    What happens if you made your purchase over the internet? I bought an Acer laptop early in January 2008 and the screen used to go darker and lighter sometimes. Never having owned a laptop before I didnt take any notice until at the end of the year the screen started going off all together. If I turned it off the screen would usually come back on at first but then it went all together - just a white screen. I tried to email them and received a message saying that it would take up to 7 days for a reply. I tried again each time having problems with the serial number being recognised but eventually got through but when they finally responded it was out of warranty and I was told it was going to cost a lot of money to send it to them to be checked. They said they had no record of my first email despite me knowing what the messages said and having a log number which they couldnt trac and the it didnt matter because the laptop was already out of warranty (only a couple of weeks) so they wouldnt do anything about it. I have had it checked by a computer company and it needs a new screen which would cost £140 which I cannot afford so I have had to leave it. Acer were completely uninterested but it appears to be a common fault I have heard from an Acer Engineer!!! Surely it should have lasted longer than 12 months?

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  • 109. At 8:39pm on 20 Aug 2009, tydehams wrote:

    Will someone please tell Dom that there's no h in consumer, issue or similar 'su' words. There's no such word as conshoomer, not even for cockneys! I like Dom and he does a good job, but I find myself changing channel when he opens his mouth (nothing to do with regional accents - Adrian and Christine are great - it's just sloppy speech).

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  • 110. At 8:56pm on 20 Aug 2009, Lauren1602 wrote:

    I purchased a Samsung digital camera from Currys back in June 08. After a couple of weeks I turned the camera on to view my photos, but the screen was broken - it was pixelated and blurred. (Pretty poor for a 10 mega pixel camera! Couldn't even see what I'd taken a photo of! I immediately returned the camera to the store, not only was I told that it was 'obviously' caused by an impact (my fault apparently), I also received personal insults about the company I work for (based on the shirt I was wearing at the time).

    So, I phoned head office to make an official complaint, however no action has yet been taken.

    I know that the camera didn't suffer an impact as I had just used the camera shortly before hand (the screen was fine then), and I had stored it in a padded camera case (also from currys store). I beleive that if the camera was fit for its purpose then it would have taken a substantial knock to have caused the damage and there are no scratches or inpact marks on the outer casing of the camera or on the screen itself.

    Do i have a case here? I know it's been over a year and I would need proof of fault at time of purchase, however they would surely have record of my original complaint less than a month after purchase?

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  • 111. At 9:02pm on 20 Aug 2009, HinNewhallDerbyshire wrote:

    Thank's Dom I find your part of the program very useful.

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  • 112. At 9:10pm on 20 Aug 2009, HinNewhallDerbyshire wrote:

    So glad to have Gloria Hunniford on the couch. Please Please keep her unlike Christine Bleakley she dose not talk over what the guests are saying,laugh so loud you can only hear her and nothing but her and she can sit still.

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  • 113. At 9:14pm on 20 Aug 2009, herbiekitt wrote:

    my nan is unable to get out any more so for my birthday she gave me some money. a bag i bought really cheap in sainsburys years before was breaking so i decided to replace it in a shop a few doors down from where i work. because i like to support small shops. i loved my new bag but a few weeks later the zip began to come away from the bag. the shop woman said it was wear and tear that nothing could be done about it. i went to a similar shop and asked if this was right and showed them the fault. they said shop woman was wrong and i should go back again. she then said the wholesaler would not take it back. so i asked for the address to contact them. she said she didnt have it on her and that she would drop it into the shop i work in. that was a month ago i still havent heard anything. i know i shouldnt let her win but its got me down so much i gave up.

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  • 114. At 09:01am on 21 Aug 2009, Arcane83 wrote:

    There isn't enough clarification in these info spots on the programme.

    Dom is giving the impression that you can get refunds/ replacements up to 6 years on all items!

    The Amazon example last night was a prime example of the company being very clever.

    The name "Amazon" was used 3 times (advertising) and they painted themselves in a good light on a consumer show. Now, many people who saw the show will shop with them more because they trust them.

    Very clever PR!

    A question for Dom is:

    If we consumers have all these rights to refunds/ replacements outside of warranties -

    why do retailers bother with them at all?

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  • 115. At 09:35am on 21 Aug 2009, allymac101 wrote:

    Hi, I am involved in a battle with a certain motorcycle manufacturer trying to get a refund or replacement bike, the trouble is the dealer I bought the bike from no longer exists, the problem with the bike is it was recalled in March this year repaired, broke down repaired again and broke down again this month and is now back for the same repair again, do I have a claim for a replacement or refund. The bike was bought new in September 08 and recalled in March 09?

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  • 116. At 10:02am on 21 Aug 2009, misspandora1 wrote:

    We bought an Acer pc in feb. 2009 from Comet. Couldn't get anything to work on it, so they replaced it with a new one in march, all good so far. However we have had constant problems with this one, it keeps turning itself off or won't turn on first time. It has been repaired twice, they replaced the hard drive the second time but did not reinstall all the other 'stuff'(technical term) needed to make it work properly so we took it back to Comet yesterday 20/08/09 and they reinstalled the missing items and got it working in the shop, but on getting it home we encountered the same problem again, turning off and not turning on first time. Comet said they do not give refunds until they have tried every way to repair something and that they cannot give a refund unless Acer says it cannot be repaired as Acer hold the warranties and they (comet) are not liable until the 6 months are up. Acer says it is up to Comet to give a refund if you don't want a repair. They have been treating us like 'piggy in the middle'. So today we are taking the pc back to Comets again armed with the downloaded letter and want a refund. Wish us luck!

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  • 117. At 10:14am on 21 Aug 2009, thepearce wrote:

    I'm trying to get some help with a TV that has stopped working. Purchased in Nov 06. It came with a 2 year warranty. The manufacturer started offering 3 years in the Jan 2007.

    The retailer I purchased from ceased trading in 2007. I purchased using a Visa Delta (debit) card. Confused as to who has an obligation under SOGA.

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  • 118. At 12:29pm on 21 Aug 2009, littleanniefisher wrote:

    Had a fantastic response from Tesco regarding sale of goods letter. Bought a dishwasher 2yrs ago. It developed a fault, they collected it from me, gave a full refund and refunded delivery charge. Excellent service and would definitely buy from them again.

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  • 119. At 2:12pm on 21 Aug 2009, des996 wrote:

    My son bought two laptop computers from Comet for Christmas 2006 and since then they have both been repaired 4 times. I have downloaded the template for the SOGA and sent it off to Comet's HQ in Hull. They have stated that they WILL NOT replace them or offer a refund, but will have them repaired yet again. Do I write another letter under the SOGA or do I write a letter stating my son will be making a claim through the county courts for a small claim? Any help as to how to proceed would be gratefully received.

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  • 120. At 2:24pm on 21 Aug 2009, veryverydisgruntled wrote:

    Dom's Sale of Goods Act letter templates were extremely useful. However, I wonder what the process becomes if the selling has ceased trading and gone into receivership. Should one then claim directly from the manufacturer?
    Advice on this will be much appreciated.

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  • 121. At 3:52pm on 21 Aug 2009, ozzy205tiger wrote:

    I bought a PS3 in December 2007, it stopped reading all types of discs in March 2009, I have run out of warranty, so I phoned Sony and they wanted £99 for repair. Then I saw this One show episode and I phoned Makro (the store I bought my PS3 from) but they said, because they are wholesalers they do not have to provide me with anything, whether it is a replacement, refund or repair, they advised me to phone Sony, so I did, again, and I mentioned the Sales of Goods Act to them, but they said that it has nothing to do with them (which I fully understood because they are the manufacterer and not the seller) and again they offered me the repair service for £99. What can I do? Does the Sales of Goods Act now not apply to me?

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  • 122. At 3:53pm on 21 Aug 2009, ozzy205tiger wrote:

    By the way, I would appreciate any answers, thankyou.

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  • 123. At 5:42pm on 21 Aug 2009, tessacarra wrote:

    Bought a VW Sharan Blue Motion in March - there is a fault with the EGR valve - it has been back to the garage several times - they eventually said (after they had had it more than us!!) that it was husband's driving and nothing wrong with the car - he should never have bought it with "his style of driving" (he has driven all sorts of cars plus ambulances etc. in his life and not had any other trouble!!)- they offered to buy it back at a much reduced rate as it would be "a used car". Took it to another VW garage and they admit there is a problem and the same fault occurred with the mechanic driving it! Still the first garage will not admit that it is down to them!!
    They were fast enough to take our money but now will do nothing else. We have heard that VW have stopped making the Blue Motion as there is a fault - why won't the VW garage in Peterborough admit it?

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  • 124. At 6:15pm on 21 Aug 2009, misspandora1 wrote:

    update: we took back the pc to comet, along with the letter we downloaded. the customer service people still tried to give us the same story about refunds as before, until we produced the letter and what a change in attitude. she went all quiet and called the manager (as we asked in the first place) and he came over and asked about the problems with the pc and said that he could give a refund or exchange it for a different pc (which may i add they didnt even offer when we went up before) we went for the refund, even tho they still tried to persuade us to get another pc.

    even tho they tried to blag us about thier policies they were very good about it.

    so we left with heavier pockets and a big grin, and a big thanks to dom littlewood and the one show with some great advice.

    were big fans.

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  • 125. At 7:15pm on 21 Aug 2009, Terry65 wrote:

    Dose this law apply to ebay shops?
    I got a battery charger from a seller and he said he only swap goods that go faulty for a week or so, not 1 month as with mine.

    Thanks, Terry

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  • 126. At 8:57pm on 21 Aug 2009, Pauline-Woodland wrote:

    I have a laptop from carphone warehouse and its on a contract and i only had it since last october.And im trying to write this letter on a laptop that the screen jumps.It has been in to get repaired twice and it still jumps!!. Both times they had told me that they have fixed it but its not fixed. What can i do next?

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  • 127. At 10:08pm on 21 Aug 2009, 2UnhappyConsumers wrote:

    We have enjoyed Don's items on the Sale of Goods Act.
    One area that has not been covered is how it relates to services.
    We had our sofas cleaned by a company called ChemDry Complete back in January. The day after they were cleaned, one came up with white marks over it. The company has refused to take liability for the damage and we are currently taking them to the small claims court.
    When investigating what our rights were, we found plenty of information on faulty goods, but very little on faulty services.
    I expect there are many who would benefit if Don would explain what rights consumers have in relation to faulty services.

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  • 128. At 12:31pm on 23 Aug 2009, modelofjustice wrote:

    An excellent report from the Beeb. What happens if goods are faulty (fridge/freezer in this case) and the receipt is lost and it was paid for in cash? The Company (Currys) say they can do nothing as they have no listing of purchaser and I cannot supply an exact date. Product was bought approx 3 years ago as far as I can recall.

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  • 129. At 1:49pm on 23 Aug 2009, ozzilicious wrote:

    Hi I need help!
    I have 2 faulty items, I have been dealing with the shops I've got them from for far too long now.
    First one is Quinny pram , they should be the strongest and one of the best brand out there.( not cheap either )I bought it before my daughter was born nearly two and a half years ago. Everything was fine until nearly year later problems started. Pushing was absulate nightmare, right handside locking mechanism was clopsing on its on while pushing her every 2 min.I managed to record it on my phone and show it to the people in the shop. After a long phone conversations and soo many trips to the shop ( 1 hour drive)they change the chassis few months ago but last month the same problem started all over again.I am soo upset and angry. We are dealing with so many health problems with our daughter and I don't want to have another one. ( if her finger is near the problem area it can seriously hurt ) I emailed and called the shop there was no reply after second phone call they said I need to call back on tuesday. I will see what they have to say on tuesday. I think I will loose it if they say they can't do anything.
    Second item is my digital camera. my husband bought it for me in January but after just over a month its gone wrong, it wasn't focusing at all, picture quality is not good.
    I took it back to the shop for a exchange or refund because I didn't want to use a faulty item. They said the item has to go for a repair, they didn't care how upset I was with the responds.Since then camera went to the repair for 3 times and still not perfect. I missed so many good memories because of them. I just don't know what to do next, would I take it back to shop or keep it quite.
    I know I did go on a bit but please understand I am so angry.
    Thank you for reading xx Ozy xx

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  • 130. At 2:01pm on 23 Aug 2009, ozzilicious wrote:

    second faulty item is from Comet.

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  • 131. At 4:13pm on 23 Aug 2009, fabPammie123 wrote:

    We bought a Vauxhall Astra Automatic 05 plate in May. Last week we could not get the car into reverse. We contacted the used car dealer and he did not want to know. Told us to contact the warrenty people. We eventually got the car to a garage and was advised that the cost of repair would be some £2,500 as there is water in the gear box! We paid cash for the car. We sent the car dealer a letter asking for a respone (by tomorrow) - nothing received to date. The warranty on the car was for 6 months, but only up to a value of £500. We cannot use the car and want to know what to do next if we do not receive a response. Can anyone help please

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  • 132. At 10:46pm on 23 Aug 2009, Laurence wrote:

    I was looking for a suit in Moss, but the trousers were on the short side. The sales assistant said that they would be able to alter it for a fee, which I accepted. I picked them up late in the day, but when I got them home I found that one leg was shorter than the other, and neither were the length I had been told (though this could be debatable as the assisstant indicated with his finger so could say I've got the length wrong). Will I need to allow them to put the wonky tailoring right, or can I get a full refund as there is an ovious defect?

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  • 133. At 1:04pm on 24 Aug 2009, allymac101 wrote:

    Update in Honda UK, after selling me a bike that was not fit for purpose and has been recalled and returned to the dealer several times they have graciously offerd me a pair of cuff lings that wouldn't look out of place in a lucky bag or Xmas cracker. Can someone help, How does the sale of goods act apply when you buy a motorcycle and the dealer goes bust, especially when you find that the bike has been duff from day 1 and has spent this year off the road awaiting repairs etc and can I claim compensation? any one help please.

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  • 134. At 2:04pm on 24 Aug 2009, raptorsbabe wrote:

    We bought an xbox 360 in Dec 2006 from blockbuster, it went faulty within the year, so we returned it to blockbuster and they replaced it no problem. Now the same xbox is faulty again (it does not have the 3 flashing red lights), i contacted blockbuster customer services quoting the Sale of Goods act and they told me i had to get in contact with Microsoft and ask them to perform diagnostics and then get them to put it in writing that there was a fault, so i contacted Microsoft and explained what blockbuster had told me, they said that it would cost me between £82 - £97 to have them look at the xbox,and they dont do the diagnostics over the phone (as told by blockbuster) but they would not put it in writing. I again contacted blocbuster explaining to them what Microsoft had said and he told me to get an independent repair company to have a look at my console to establish what the problem was, i told blockbuster that if i did that i would be out of pocket paying for the report and would i get that money back from blockbuster? He told me that it would be something that he could look into about refunding the money, (no guarantee tho...i expect)! So, the upshot is i have been told by blockbuster to get back in contact with microsoft asking them to confirm that there is a fault with the xbox and badger them into putting it into writing, so i can then go back to blockbuster and they will see what they can do. Is it correct that i have to arrange an independent report for the xbox and be out of pocket? Also, why does it say in the Sale of Goods Act letter that "My goods are not of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended."
    Can anybody please help to clarify if this is correct.

    Also, we have 3 xboxes including an xbox elite...Which today has developed the 3 red flashing lights and is going back to xbox, one of the other xboxes has already been back to microsoft twice as it had hardware failure.

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  • 135. At 3:56pm on 24 Aug 2009, will9459 wrote:

    Hi,

    I would like to know if this also covers T-MOBILE WEBSTICKS!!

    I have had nothing but problems from day one. I have written several letters and emails, the last letter dated 31/07/09 and email 15/08/09, and to this date, no repsonse. Its all to do with connecting and being "online" with poor signal and paying for a service that is not being provided. When I login and connect, it shows T-Mobile that I am online and connected, what it doesnt show them, is how poor the connection/signal is!! Can use this letter to send to T-Mobile? Many thanks. Will

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  • 136. At 4:31pm on 24 Aug 2009, gossythegodd wrote:

    I bought an Epson printer from Comet in March. It has gone wrong and wont feed pape and tells me it is jammed when there is nothing in it. I contacted Epson, who would only offer a refurbished/repaired item because mmine is over three months old. After seeing this item, I contacted Comet, who said they are in collaboration with Epson and therefore could make no other offer. I have now sent them the Sale of Goods Act letter and I await a response!

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  • 137. At 5:02pm on 24 Aug 2009, Mort-Of-War wrote:

    I find this article very misleading, it makes you think that all goods should last at least six years, when the actual Sale of Goods Act states: (taken from the actual SoG fact-sheet)

    Q3. Are all goods supposed to last six (or five) years?
    No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory.


    So don't expect this "miracle" letter to be the end-all-be-all solution to the problems.

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  • 138. At 3:10pm on 26 Aug 2009, vcmailer wrote:

    I purchased an iPhone on an O2 contract from an O2 outlet. The day after I had the phone a small crack appeared in the top left hand corner. This has not bothered me and has not affected the phone in any way. It has been 11 months since I purchased the phone and has know stopped working. I have followed the instruction and sent the letter to the outlet. If I don’t get a response from the outlet what do I do next?

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  • 139. At 6:13pm on 26 Aug 2009, altonhead wrote:

    Hi our LG LCD has just went on the blink after 18 months two main part have gone and it will cost £500 to fix. It has not been over used as both of us work full time and there are no kids in the house. The warranty was only for 12 months. Will this act cover us?

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  • 140. At 6:40pm on 26 Aug 2009, 10mmring wrote:

    Any help please! I bought a Samsung blu ray player from comet on the 24th of july straight away it had problems paying blu ray discs but was fine with normal dvds I spoke to comet they told me I had to make sure i had the newest firmware on the player this would solve the problem for me!! Needless to say it didnt After nearly a month of not been able to play any top rated films I spoke to comet and told them I was not happy wanted it replaced they told me to take it to the store and they would sort it out I told them I did not want a repair as I felt it did not meet the 1979 sale of goods act
    So when to tje local store were straight away they told me know it must be repaired I cant have a refund or exchange as I have have now had it 33 days??How can this be right? To make matters worse it now wont play anydiscs of anytype What can I do ??I have a £200 papaerweight now I had heard Comet service was BAD But first time I have had to deal with them I did speak to a friend She is a Trading standards officer in kent she bought the same make and model from Tescos Had the samae problems Diffence there is the value customers it was changed straight away without a fuss for a diffrent brand and it works fine Can I take these people to court??? I want my money back Someone please help!!

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  • 141. At 7:10pm on 26 Aug 2009, Angryhelen wrote:

    I paid nearly £50 for a pair of shoes from Clarks in June. The strap went on one today - obviously a manufacturing problem. They won't give me a full refund because the shoes are now in the sale at half price and they say I have to produce a receipt to prove (a) that I bought them in that particular branch and (b) that I paid full price for them. Fortunately I can demonstrate via my credit card bill that I did pay full price for them, but this seems to be sharp practice on their part. They say it's the law. Does anyone know if this is correct?

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  • 142. At 8:42pm on 26 Aug 2009, Jim Gavin wrote:

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  • 143. At 8:49pm on 26 Aug 2009, Jim Gavin wrote:

    You recently updated your Sale of Goods Act article when you admitted that retailers will normally ask for proof that an item was faulty when it was sold, by way of an independent report, if it was over 6 months old. I believe this is known as 'The reverse burden of proof'. You said that this is not absolutely necessary but then failed to say what the purchaser needs to do if the retailer demands such a report, and the purchaser is not willing to obtain one with no guarantee that the claim will be successful.
    It seems to me that your original report was put together without sufficient professional research. It smacks of you trying to portray yourselves as the people's champion with scant regard for the facts. If that is correct then you should seek to make amends. And refrain from wasting viewer's time.

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  • 144. At 7:37pm on 27 Aug 2009, nettytaylor wrote:

    what do i do,ive had a laptop for 16 months and stopped working tesco told me i would have to pay 295 to get it fixed,

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  • 145. At 7:37pm on 27 Aug 2009, Hobby72 wrote:

    Ref distance selling.

    Dom said covered by English law.

    Are Northern Ireland, Wales or Scotland covered by the same law!? Or, do they have their own regulations!?

    Sandy

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  • 146. At 7:45pm on 27 Aug 2009, nettytaylor wrote:

    what do i do,ive had a laptop for 16 months and it has stopped working,it doesnt turn on tesco told me i would have to pay 295 to get it fixed,

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  • 147. At 9:14pm on 27 Aug 2009, tintin_be wrote:

    Is there a form for the following scenario? We ordered carpets fr the om our local Allied Carpets. There was (and still is) a problem with the fitting - which was reported a number of times, still not to our satisfaction! The company has since gone into liquidation! Who should we contact to have to issue resolved? [FWIW, the costs were paid using a credit card.]

    Thanks.

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  • 148. At 11:45am on 28 Aug 2009, Tina_Thud_Bump wrote:

    Just thought I would post a success on here. I bought a Vodafone mobile through Vodafone's official eBay store on 13 July 2009. Earlier this week (so only 6 weeks after purchase) the phone stopped charging. As I didn't know whether it was the handset, battery or mains charger causing the problem and as I didn't want to be without a phone for ages I contacted the Vodafone eBay store requesting a replacement rather than a repair, which I felt might not identify the actual problem.

    They responded advising me that I could take the phone into my local Vodafone store for the matter to be dealt with, which I did yesterday. After reading up about the Sale of Goods Act, I was happy that I was within my rights to ask for a replacement but the store would only offer a repair, stating that I was wrong about the Sale of Goods Act and that I wouldn't be able to prove otherwise (can you tell that I wasn't very impressed with their Customer Service!).

    I therefore e-mailed the eBay store again, quoting the Act chapter and verse and lo & behold I have just received their reply advising that they are sending me a pre-paid Special Delivery returns envelope so that I can send the phone back and they will replace it for me.

    So although I do not have said replacement phone in my hands as yet, this seems to be ending on a positive note. Keep on getting onto the stores all of you trying to get your rights under the Act acknowledged :-)

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  • 149. At 12:30pm on 28 Aug 2009, mizzaire wrote:

    I brought a freezer from Currys this time last year. It was a cheap and cheerful Matsui (Currys own brand) freezer as we planned on getting a fridge freezer once we had brought a house (which has not happened yet). The freezer broke within a few months and took a very long time to get fixed due to several companies visiting my house to 'assess the situation'. It was finally fixed and 're-gassed' however 6 weeks later, it broke again. I have had several emails from currys about this, and they finally agreed to send an engineer out today to check that it was indeed broken, and then we could get an exchange for a better model. Ive just spoken to the same person who agreed this last week, and told them that the engineer has just left and agreed it is broken, only to be told that as the engineer has said its 'fixable' then they would fix it instead. I am now going to have a rubbish freezer working for a few weeks until the next time it breaks which will be out of the warrenty. As this is the 2nd time it has broken, I thought I would get the exchange i was promised, but looks like thats not going to happen now. I would like to know if I have any legal standing to demand the exchange?

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  • 150. At 12:39pm on 28 Aug 2009, mizzaire wrote:

    P.s I did sent the template letter in from this website, which is why the guy agreed to the exhange in the first place. Very frustrating.

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  • 151. At 2:34pm on 28 Aug 2009, gograhamgo wrote:

    I hope following Dom's advice will resolve the issues i have both now and any in the future. Its good to have someone to help people. Lots of people dont know their consumer rights. I think its fair to say many companys and buisneses suppling services and goods dont know themselves.

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  • 152. At 3:04pm on 28 Aug 2009, Louiserylance wrote:

    Hi,

    I am so angry I've bought a dongle from the carphone warehouse in the last 10 months and have found now that it doesn't work , my partner and I went into the carphone warehouse shop in our town they said we had to top up our phone coz we didn't have a landline and also top up the pay as you go dongle which was for the three network! just so the service could do some trouble shooting on the dongle that is £20 for them to sort it out already we have a twelve month warranty and they know this too!!! we then went to the 3 shop because they were providing the network service.

    really wish we hadn't, they said oh we can't do anything that's why we don't like third party retailers,we begged for them to do something, we have no money and I am ill so it is a lifeline for me in a lot of ways!!
    they will only do something when we have paid the twenty pound to top up the phone and dongle and gone through the troubleshooting by phone to them. We know there is something wrong with it what happened to the customer is always right!! what can we do????

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  • 153. At 3:11pm on 28 Aug 2009, HarryStottle_1 wrote:

    I have just gone through the letters on this website, and it seems the main stumbling block people seem to be having when submitting claims is that retailers are now starting to ask customers to pay for, and produce, an independent report if an item is over six months old, to prove that an
    inherent fault exists, which is practically impossible at a reasonable cost
    to the customer for a relatively low cost item, even if that cost could be
    recovered. This seems to me like another ploy by retailers to try and get
    around their obligations, after selling customers faulty goods with inherent faults, so a way to combat this is going to be needed.

    The internet is a powerful tool, and it is now easy to search and find
    similar faults regularly occurring on certain goods and appliances, so it
    would be a good idea to print out these occurrences if submitting a claim,
    and include them with the claim to show that it is a common fault, and
    therefore more likely to be inherent. If the retailers still disagree, then
    the small claims courts will have to be the next step, and as the small
    claims courts will be more likely to accept those regular occurrences of
    faults as proof of being inherent, the chances of success through a small
    claims court should be much higher, (but I suspect that retailers
    will not let it get as far as a small claims court if they think the
    customer is serious).

    I do have sympathy with the retailers in this matter, it is usually not
    their fault, but the fault of the manufacturers of the products. It is up to the retailers to either sue, or boycott the manufacturers who leave them
    carrying the can after supplying them with faulty goods, that way we might
    get products that will last for a reasonable length of time, and then none
    of this will be necessary, but there seems to be a long way to go yet.

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  • 154. At 4:02pm on 28 Aug 2009, cheeryjuliedyson wrote:

    We brought a new Panasonic tv in December 2005 which came with a retailers 3 years warranty, in June this year the tv developed a 4 inch red line down the left hand side of the screen. We went back to the local Panasonic Shop who sold it to us, and basically they said that it was out of warranty and there was nothing they could do. We quoted the Sale of Goods Act and they told us that it only cover somethings, we disagreed. Since then we have left the tv with them for a report to be done for repair. The tv which cost £399, will cost £800 to repair! The shop have been on to the manufacturers who have offer to pay half for the repairs but will not replace the tv. The shop have told us they are willing to give us £50 off of another tv. We are now going to down load the letter and send off in the hope that we get somewhere as at the moment we are all at a mexican stand off and the retailer thinks that it is down to the manufacturers!

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  • 155. At 7:08pm on 28 Aug 2009, sal_0202 wrote:

    i really just wanted to say thanks for encouraging me to get in touch with my problem!

    i bought 2 rabbits from pets at home 5 weeks ago. 2 weeks ago one fell ill with what we think was a stroke. we took it to the vets who gave us some medication. this did not seem to make any difference so i took it back yesterday. the vet decided it would be best to put it to sleep.

    i emailed pets at home last night and i have a reply this afternoon.
    they said they would refund the vets bills, either refund or replace the rabbit and give us pets at home vouchers.

    i was very very shocked as it was not thier fault the bunny had a stroke!

    thank u!

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  • 156. At 8:59pm on 28 Aug 2009, frankiefog wrote:

    i bought a leather suite from csl which was delivered in jan/2009.the first fault was the foot stool top was out of line.second fault was the 2 seater had indentations down one side at the front of the suite.third fault was the 3 seater had a screw sticking out of the back.all these faults was put right by the technition.this all happened in the first week of having the suite.a few weeks later the 2seater started creaking badly.technition came out again added bits of wood to the frame to strenghten it .6weeks later the three seater has started to do the same as the two seater.awaiting technition again.
    have i the right to ask for a new suite from csl..
    frank barlow..

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  • 157. At 5:38pm on 29 Aug 2009, davidparfitt1961 wrote:

    Purchased a DVD player/recorder in May of this year from TESCO, took it back and quoted the One Show's claim that it's the seller not the manufacturer that is responsible for the goods and they didn't want to know, in fact the 'help' desk assistant was quite rude!! It took a phone call to the help desk on the original documentation to get results.

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  • 158. At 6:14pm on 30 Aug 2009, bagpuss163 wrote:

    Can you please advise?

    I have booked 2 nights in a hotel room through Expedia for September 2009. The hotel was chosen because it stated that it was close to the aiport, the City of Boston and it had a complimentary shuttle from the airport. However reading a number of reviews on trip adviser the hotel is quite a distance from the airport, the shuttle even though complimentary is unreliable and is dirty and the hotel is very difficult to get to from Boston centre itself. I would like to cancel this hotel room and am giving almost 3 weeks notice however Expedia are telling me that the room is non refundable and I cannot cancel. Do I have any rights in getting my money back please?

    Many thanks and I look forward to hearing from you.

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  • 159. At 12:10pm on 31 Aug 2009, angryconsumer wrote:

    hi there i recently bought a mobile phone from phones4u which i was unhappy with,i was not given an in store demenstration,got the phone home and found it to be not very impressive.i phoned the help line who told me that i could go into my local store for a refund or exchange at there discretion.i still have the phone no refund no exchange and ended up buying a new mobile please help

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  • 160. At 4:26pm on 31 Aug 2009, smartBobajob wrote:

    I have just returned from Currys in Tamworth Staffordshire having tried to retrun a defective digital tv. They rubbished the Sales of Goods Act and said as we had not taken out an extended warrenty we could not get it repaired or replaced. Its 7 weeks over the 12 months warrenty period. The deputy manger was surprised when I gave him Doms letter, but I have to say the customer service from Currys was very poor. The assistant had obviously been primed by head office and he was very confrontational. I have given them the letter and said I will be back in 7 days. They refused to deal with it in the store and said all such claims were being delat with by head office. Me thinks they have had a few returns and their extended warranties are looking a bit silly.

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  • 161. At 8:05pm on 31 Aug 2009, caesar_julius wrote:

    we purchased an electric shower from Argos in March this year, so it is still under guarantee. It has started to develope a fault, whereby the water although running at the same rate has started to either go cold or get really hot, This is quite dangerous. We called Argos who said that they would have to send an engineer to look at it. (bearing in mind it cost £90) It must cost quite bit to call an eningeer out. They also said that if the cause of this was due to the filter needing cleaning then we may have to take the cost of the callout as it should be checked every now and then. We don't know how we are supposed to this. should this be necessary after only five and half months of use by just two people. We are thinking of cancelling the engineer and just getting another shower as by the time I take time off work to wait for him we might just as well get a new one.

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  • 162. At 7:50pm on 02 Sep 2009, spp2408 wrote:

    SUCCESS ! I had previously returned a Samsung Vacuum cleaner to Argos due to a split hose and while it was less than 1 year old, as it was over 6 months after the date I bought it that I would have to contact the manufactuer. I contacted Samsung only to be told that the part was not covered under the warranty and that i would have to go on to their parts website and purchase it online. The Vacuum cleaner was over £125 new...so i was not amused. Luckily I saw the One Show about the consumer act. I downloaded a letter and sent it to Argos. Within a week I was told to return the Vacuum to my nearest store. When I did on presentation of the letter from Argos I was refunded in full for the purchase and was able to buy it again cheaper in the current sale. Success one show...I will be keeping the letter and using when needed in the future. It just goes to show if you persist it pays off !

    Thank you.
    Steve

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  • 163. At 09:10am on 03 Sep 2009, wantage46 wrote:

    Thank you for the very good information about the Sale of Goods Act.

    We have bought two identical laptops HP Pavilion Notebooks, the first one for one son from Amazon and, because we were so pleased with it, the second one for the other son from Tesco Direct (because they had a special offer with clubcard vouchers not because we were unhappy with Amazon, who we have always been very pleased with).

    After buying the second one we noticed that the left hinge on the first one was loose ie during the warranty period, but because we didn't know then that this was in fact a general problem with HP Pavilion notebooks, we thought a screw must have been lost and tried to replace the missing screw. This repair lasted for a short while and took us beyond the one-year warranty period, but then the hinge began to become loose again. We also noticed that the left hinge on the other laptop was becoming loose (still during the warranty period) and began to suspect that this was an inherent defect in the design. When I googled, I found several forums on specifically this problem and what to do about it, sources of new hinges, and even Youtube video clips showing you how to replace the hinges.
    So our argument is that there always was a problem with the laptop but we didn't understand it. The laptop cannot be used because the screen cannot be tilted back so that you can view it. If you do that the casing at the top left hand corner comes away from the keyboard. Eventually this will break off at the weak point altogether.

    Armed with the information from The One Show I decided to contact both retailers. Although the Tesco direct laptop was still under guarantee they were initially reluctant to give a refund but when I quoted the Sale of Goods Act they offered a full refund which we got the same day from our local store.So we were thrilled with that response.

    Amazon have not accepted that the product was defective when purchased and have offered 75 GBP towards to the cost of repairs or alternatively 100 GBP in Amazon gift certificates. This leaves one happy son and one unhappy son.

    What should we do?

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  • 164. At 10:30am on 03 Sep 2009, Start spreading the news,He's playing today,I want to see him score today, Sammy Clingan ™ (1987) wrote:

    We need to say that aloud - companies like Game, Argos (same problems with them) are simply scammers. Do you really think that they don't know about Sales of Goods Act? Do you really think that they confuse warranty with conformity to the terms of contract? That's just their way to make more money... I bet that they receive some kind of rebate from manufacturer if they keep number of returns low... so that's why they try to scam people and refer them to warranty in all situations. Wait a moment, maybe they have no contracts with their suppliers regarding returns of goods not conforming to the contract (coz it's would cost them)? That would explain all...

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  • 165. At 10:43am on 03 Sep 2009, Start spreading the news,He's playing today,I want to see him score today, Sammy Clingan ™ (1987) wrote:

    Re: wantage46
    If they were mid-range notebooks, then just repair the second one, sell it on ebay and you should be able to buy two better computers for the money from the refund and sell (they are getting cheaper and cheaper). Please bear in mind that you can't require seller to give you a refund - they can just repair the computer. You should check what's the best option - find a reputable computer service (one that will give you warranty on repairs), check how much it will be. If you're not short of money, it may be better to get the 100 GBP in certificates. Oh, and you could also sell notebook as damaged, take 100GB in certificates and buy two new ones at Amazon.

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  • 166. At 11:37am on 03 Sep 2009, wantage46 wrote:

    Re whydoi
    Thanks good advice, it just takes lots of time to do this stuff when you have only just researched and bought what you thought were going to be good products (at £499 each not cheap either). HP are ignoring the fact that their hinges are rubbish.

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  • 167. At 8:41pm on 03 Sep 2009, t111dmb wrote:

    Ok, I bought an electric shower from the seller (reputable company). Just as the guarantee ran out the shower broke. I bought another shower of the same make/model etc. The same thing happened again. I contacted the seller who stated that I should take it up with the manufacture, namely Mira. I informed them that as seller they had responsibility but they kept fobbing me off. I subsequently sent the downloaded letter to which it took 3 letters and a phone call for them to acknowledge my complaint. They are still saying that it is the manufacture and not them the seller who is responsible for resolving this matter. Could you help/advise please.

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  • 168. At 11:07am on 04 Sep 2009, primablog wrote:

    We brought a sony viao laptop in november 2007 from PC world. Took out the extended garantee. After 6 months the payment for the garantee went up as they added an extra service that we did not request. Went back to PC world, after lots of talking and explanations the garantee was restarted with the specific request that the extra service would not be added on after 6 months. Guess what! after 6 m9onths the same happened. we phoned every number we could find, went to Pc world in person, this time nobody wanted responsibility. the only way to stop this was to cancel the direct debit. It worked, within a week we had a letter, at last a phone number that should put us in contact with the right people, NO, nobody wanted to know. so now no extended garantee and the warranty 1 week over its expiry.Then the laptop dies, nothing, no power,no screen.Went to pc world,don`t want to know. 3 months later we managed to save enough money to get it fixed. Pc world wanted £230 returnable if it could not be fixed. We decided ti take it to a small independent place to have the problem diagnosed for £40. Diagnosis was mother board has gone, throw it away it will cost as much as the computer to fix.At 14 months old surley the mother board should not have gone. I printed of your letter and sent it to pc world as not being fit for purpose, 2 weeks ago, I have not had a reply. What now?

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  • 169. At 11:58am on 05 Sep 2009, dikili wrote:

    I have been complaining about a faulty phone bought through Tesco Mobile and the customer service is appalling. Twice I sent it in and twice they sent it back saying it was working within days the fault reoccurs and it becomes unusable. Finally I sent your template to make a formal complaint and they are still refusing to give me a replacement or a refund quoting there internal policy. Its a joke they obviously feel they can operate outside the law. Customer services are also unwilling to give a surname or ID. I phoned them this morning furious and was unable to speak to a manager I have requested a call back on Monday truly appaling.

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  • 170. At 4:15pm on 07 Sep 2009, pickerlow wrote:

    indeset say they dont accept this letter and you have got it wrong and we are to take out there extended warranty. mention your name and still told i had it wrong .

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  • 171. At 12:50pm on 08 Sep 2009, chaz2k1 wrote:

    I own an Apple Intel-based iMac 17" which is out of warranty and the internal cd/dvd drive has recently given up the ghost. I have been quoted by Apple it'll cost around £300 to have it replaced. Having had a look on the official Apple support forum regarding this particular model drive it appears it has a long history of breaking down at various stages and Apple has long known about the problem. Surely if Apple have known about the problem for years then I shouldn't have to pay £300+ in order to fix something which was sold with faulty hardware?

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  • 172. At 12:33pm on 09 Sep 2009, MattHopwell wrote:

    Hi,

    I purchased a watch a little over 2 years ago by a manufacturer called Suunto. This watch had a serious fault of letting in water through the back casing (the watch is supposed to be waterproof). The company sent me a brand new watch as my original purchase had a 2 year warranty with it. However a year on & this brand new shiny watch is faulty again with what i can only suggest is the same problem (as all problems point this way again). I've sent it back to the Finland service center as instructed last time & on their website, only to be told that my original warranty has expired even though the replacement watch they sent me was only a year ago?. Should you not get a new warranty with the new watch they sent me? This wasn't a cheap purchase by far and I'm most unhappy with them saying it will now cost me to get it repaired. Could you please advise me on what to do next in this situation?

    Very many thanks

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  • 173. At 1:40pm on 09 Sep 2009, markylovelace wrote:

    Hi 13 months ago we got a trampoline with surround and enclosure from B & Q, after 1 summers use the blue matt padding has all ripped showing the white padding inside and exposing the springs, this is dangerous and also not fit for purpose.. ive complained twice to B & Q and sent them the sale of goods letter but they say no it has to be with the products manufacturer not them!! help what can i do now? i only want replacement matt and padding so our children can play on it without hurting them self!!!

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  • 174. At 10:43am on 10 Sep 2009, jld001 wrote:

    Hi. I purchased a gaggia coffee machine in july 2007 from house of fraser - i have the receipt and the frother dial has just stopped working. i phoned frasers back in july as it has a 2 year warranty from date of receipt (29/07/07) who gave me gaggias number but the phone never answered despite numerous calls. I then found out from house of fraser that gaggia have been bought out recently by philips. I have been phoning philips weekly for about 5 weeks now and every week they tell me they will repair it once the handover has been sorted out. Is there anything i can do. I use the machine daily and its really frustrating to keep calling and getting told to ring back next week. I was told by philips initally that my warranty would be honoured but obviously now its run out. Am I entitled to a replacement machine until they can repair mine? Am I better off going back to House of Fraser to see if they are any more helpful?

    Thanks

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  • 175. At 8:55pm on 10 Sep 2009, Cableguy999 wrote:

    My wife sent the letter to Gamestation's customer service dept. on Saturday regarding my son's PS3. Received a response from them on Monday saying take it back to Lincoln store with receipt for replacement. No quibble at the store and have got 80Gb model as they don't do the 40Gb anymore.
    The PS3 was 19 months old and had stopped reading DVDs/games. Son very happy with result and spent £70 following day at the store rather than go to nearby supermarket for new games.

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  • 176. At 9:00pm on 10 Sep 2009, colnam wrote:

    the letters re soga are ok when a retailer is still trading but if they go out of business what is the best course of action?

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  • 177. At 10:03am on 14 Sep 2009, symcbean wrote:

    Earlier this year I bought a used car, with a 1 month warranty, using my credit card to pay for half of it. It had a fault (confirmed by 2 separate garages). I returned the car to the dealers, who kept it for 3 days then gave it back to me saying there was no fault. So I got in touch with Trading Standards. Based on their advice, I sent a recorded delivery letter based on the template published on the consumer direct website. The dealers never replied.

    When I complained to my credit card company they refused to do anything about it, on the grounds I couldn't show that I had tried to progress resolution with the vendor myself (even though they had the record of the letter from the post office)!

    I have since learned that in Scotland used car dealers must be licensed by the Local Authority. But this added protection seems illusory - the representative at Renfrewshire Trading Standards seemed totally unaware of this, and could provide no details on how I could challenge their trading license!!

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  • 178. At 11:00am on 14 Sep 2009, sparkleicequeen4 wrote:

    hi, i bought a glass dining room table 18mths ago and 1 of the legs which are soldered on fell off, when i rang the company i was told that if i hadn't of moved it it wouldn't have happened. if i had of been told that it wasn't to be moved at the time i would not have bought it. the gentleman in question told me that instead of spending my money ringing him to spend it on a solicitor or better still get the yellow pages out and get it fixed then told me that they no longer make this table, where do i go from here

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  • 179. At 9:51pm on 15 Sep 2009, alanthebigbadwolf wrote:

    i bought a WHIRLPOOL fridge freezer (£350) from CURRYS in july 2008 , now its stopped working , does anyone know if i'm entitled to a replacement or something ? i feel robbed , it should last more than 14 months surely !

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  • 180. At 11:58pm on 15 Sep 2009, tripnip87 wrote:

    hello
    can so one please help

    i brought a dvd from asda the other day and it kept on freazing i went to take it back for a refund and they said i was not entitled to a refund as i had opend the pakaging

    this is from the asda web site

    Entertainment Items -Music, film and Games

    To qualify for a refund, products must be returned unopened and sealed. Music, film and games software products are covered by our 28 day ‘Changed Your Mind’ promise but are limited to one exchange only. Faulty products are returnable within 28 days of purchase and will only be swapped like for like, i.e. for the same product only.

    A receipt or other proof of purchase is required when returning these products, without it returns will not be accepted

    Games Consoles and accessories are classed as electrical products.


    i had not opend the pakaging as it was a box set and the lady who served me had to put the disks in to the case, so how does this effect me????

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  • 181. At 1:59pm on 16 Sep 2009, argent99 wrote:

    After a 3 month battle I finally received a replacement fridge freezer from Comet yesterday. The replaced unit was over 3 years old and I am very grateful to The One Show for alerting me to the possibility of a replacement even though the guarantee expired 2 years ago.As requested, I phoned a number that came with the new fridge to register it for guarantee and was given the hard sell by a man who wanted me to buy 2 years additional guarantee for about £100.This seems to be common practice with electrical goods in general.He said this would also cover the fridge for "accidental damage". In view of the fact that I have just exchanged a 3 year old fridge for a new one and believe that my house contents insurance will cover any accidental damage I turned down his kind offer. Are these people not guilty of a form of mis-selling? There have been many cases of insurance companies getting themselves into trouble by selling inappropriate cover. Surely this kind of extended warranty insurance is inappropriate to many of the people it is offered to.

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  • 182. At 2:19pm on 16 Sep 2009, Lord Dennis of Bergkamp wrote:

    Re: Laptop batteries!!

    I wanted to offer anyone hope regarding the replacement of a faulty laptop battery. Most people I have spoken to or emailed regarding a laptop battery have been quite negative about the chances of getting a refund or replacement, as batteries are 'consumable' items.

    After writing two letters to my local Apple store (the first being the template letter found on this site!) I was given a replacement battery by the store manager.

    Unfortunately my success was due to a large amount of pressure on my part as Apple had previously tried to argue that the battery had simply been used to its full capacity, something I did not accept and argued that every other laptop I have ever owned has had a battery which had lasted at least four years, where this Apple MacBook battery lasted 1 year and 2 months before dying.

    The name of the game in my mind is to keep going and do not accept their answer (assuming the answer is no!), persistence is the key.

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  • 183. At 5:56pm on 16 Sep 2009, retroone wrote:

    Hi, I am looking for further advice if possible please.
    On the 28th August I used Dom's "Sale of Goods" template when writing to Jessops regarding a Nikon Camera I purchased which went wrong two weeks after its one year warrenty expired.
    It is now almost three weeks since I wrote and I have heard nothing. I did e-mail a copy of my letter at the same time as I posted the letter and have subsequently e-mailed again asking for a response.
    But still nothing!
    I wonder if you have any advice on the next steps I should take.
    Many thanks.

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  • 184. At 12:56pm on 17 Sep 2009, shareblogger wrote:

    I would like to thank Dom for his sales of goods act letter which worked a treat for us. We are a charity working with disabled children and were given an amount of money to buy some furniture for the kids. We purchased 2 leather sofas from Argos and they were delivered in May within a month one of them had broken, I contacted Argos who sent a person to inspect them and we were then told that it was not a manufacturing fault and they would not replace/repair the sofa. I used Dom's letter and within three weeks we have received a replacement sofa. So Thank you so much Dom.

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  • 185. At 2:58pm on 17 Sep 2009, rustillium wrote:

    I sent the letter re SOGA, giving retailer 7days to respond and I have heard nothing. Is there a follow up letter template?

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  • 186. At 7:15pm on 17 Sep 2009, Sharnap wrote:

    I have a camera that I bought from AMazon January 2008, I wrote to them using the tempalte for goods purhcased over 6 months ago, this is the reply I got:-

    My name is James Brazil and I represent the Executive Customer Relations Group
    within Amazon.co.uk and in this capacity, your letter to our head office dated 4/9/09 has been brought to my attention.

    First of all, I would like to apologise for the difficulties with your order for the 'Panasonic Lumix DMC-FX33EB Digital Camera'.
    Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include,in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard
    to the use the customer has already had of the goods and the nature of the goods.
    Your item was dispatched to you on 22/1/08 and, until recently, you have used it successfully and reported no fault with the product. As you used the product satisfactorily for a period of time which exceeded the manufacturer's warranty period, it is not established that the product did not conform to the contract
    (i.e. was defective) at the time of purchase.

    Given our obligations to you under the Sale of Goods Act and, taking into consideration that you have used this product, without experiencing problems (to our knowledge), for a substantial period of time we will not be offering you a repair, full refund or replacement.
    Please note that the manufacturer is often in a better position than the retailer to deal with technical problems affecting their products. We would therefore encourage you to contact the manufacturer to see if they are able to provide you with any further assistance. The manufacturer’s correspondence details are below, should you wish to pursue this matter further:

    - Manufacturer: Panasonic
    - Phone: 08705 357357
    - Email: http://www.panasonic.co.uk/customer-support/contactus.asp

    Thank you for your attention to this email.
    Regards
    James Brazil
    Executive Customer Relations
    Amazon.co.uk
    http://www.amazon.co.uk

    Any ideas on what I can do next????

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  • 187. At 12:31pm on 18 Sep 2009, Nashwan89 wrote:

    We bought a shower tray that has a curve in the sides that an independent surveyor has confirmed is well outside normal tolerances. The tray was fitted 8 months ago and has been causing leakage. The tray company have offered to replace the tray themselves, after some badgering.
    Do we have the right to insist that any damage to wall tiles and the wooden floor, that will inevitably be caused when removing the old tray, is put right by the tray company at their expense?

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  • 188. At 3:02pm on 18 Sep 2009, Elvi47 wrote:

    I purchased a Belling Cookcentre Range Cooker in August 2004. Before the year was up I had to have the wok burner, the grill rack, a couple of control knobs and the front fascia replaced (the legend had worn off). The legend is wearing off again, the glass doors on both ovens (one of which is hardly used) have gone misty and are no longer clear, the screws at the side of the oven are rusty, the rubber supports for the glass top have rotted and are sticky, the fan oven does not always light and the control knob for the said fan oven has fallen apart and doesn't always work. I wrote to Belling stating all this, had a telephone call this lunchtime and was told an engineer could come out and write a report, but I would have to pay £88.00+ for this as they only give 1 year's warranty on all goods. This is a cooker for heavens sake! I thought by buying a name like Belling this would last me for a good few years not just 5. I had an old English Electric at my last house, which I left behind. It cleaned up perfectly and was still going strong. What on earth is the matter with all these modern appliances - is it just the "throw-away society"? and why do we have to put up with all this from manufacturers? My cooker cost me almost £2,000 - not something I can replace at the drop of a hat.

    Is there anything I can do about this as I AM NOT HAPPY!!

    Elvi47

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  • 189. At 1:17pm on 20 Sep 2009, curry4me wrote:

    Ariston washing machines 18 months old and all the drying cycles have stopped working for the last 2 months. Curry’s have asked for an engineers report, after i sent the form from your site implying the goods were faulty. i have also replied to their email implying that they are trying to put obstacles in place to put me off claiming. What is the best thing to do next?

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  • 190. At 9:53pm on 20 Sep 2009, adamsorrell wrote:

    i got mugged last night and they stole my phone which is on contract but i removed the insurance when i first got the phone. i was wondering if i could be coverd at all by any consumer acts or laws or anything to cover my phone. could u help many thanks adam sorrell

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  • 191. At 11:17am on 21 Sep 2009, gudpraktis wrote:

    Dom

    A great result after adapting your template letter to challenge ARGOS over a faulty Goodmans DVD twin tuner recorder they had sold to me 3½ years ago.

    After quibbling and wriggling a bit, ARGOS offered to replace the recorder or give me a refund. I went for the replacement option and paid a bit extra on the new one. They also gave me a £10 gift token!

    Thanks

    Peter

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  • 192. At 3:15pm on 21 Sep 2009, billy1bus wrote:

    over 12 months ago my in-laws bought us a Tevion 42 inch Lcd from Aldi although it was bought in June last year it was given to us at Christmas a few months ago the on off switch failed.After just over a week with an unusable TV an engineer came and repaired it and he told us it was a common fault 6 weeks ago a faint line appeared down the centre of the screen It was collected by an engieer and taken away it has an Aldi 3 year warranty after a couple of weeks we contacted the engineers who informed us the screen was faulty and they were waiting for the insurance company to authorise work.We were then informed the TV cannot be repaired and to send a copy of the receipt to them for a refund.At the time of the fault the TV had only been in use for 8 months but 14 months since purchase are we entitled to a full refund

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  • 193. At 8:04pm on 22 Sep 2009, datadynamitedave wrote:

    Dom, used your soga letter 2 for goods that had gone faulty after 15 months. The retailer has written back stating their investigations have concluded that it was wear and tear. The part I had to replace was the main PCB from a LCD TV. I didn't think those parts moved? Wear and tear. Now what should I do as I'm not best pleased with that response.

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  • 194. At 11:52pm on 22 Sep 2009, netsirk27 wrote:

    PLEASE HELP!!
    I purchased a Sony FZ laptop in June 2008, & in July 2009 (The warrenty had of course expired)I experienced some graphics problems
    (Fuzzy Blue lines across the screen), and it no longer works (I think this problem has now resulted in futher problems). I contacted Sony who said they would arrange the collection to have it repaired but this could cost me upto £700, the laptop cost me about £900!! After contacting consumer direct they advised me that I had a stong case, as the item is no longer fit for purpose, and it is the supplier who are liable, not the manufacture as 'we' have 6 years legal rights under the sales of goods act 1974. Numerous sales of goods act template letters have been wriiten to the supplier and they refuse to offer any help.

    Sony have since posted a report on their website about this particular model. They have reported that this model has a graphics chip fault - they have said that they are prepaired to have the reported models repaired. I have contacted them in response to their published report but again they are still wanting to charge me. The report from Sony's website has been sent to the supplier, but again refusing to help!!

    Has anyone else experinced this problem with a Sony FZ VIAO laptop?

    Is there anything else I can do? Please help.

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  • 195. At 00:00am on 25 Sep 2009, Windy2606 wrote:

    Thanks for the letter Dom. Originally complained to Sony about a fault with my PS3 blu-ray drive which I had to pay Sony £145 to organise replacement, with no success. But I used your template and sent it to Gamestation who I purchased the ps3 from and they contacted me immediately and refunded me the amount in vouchers immediately with no issues.

    Thanks.

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  • 196. At 09:16am on 29 Sep 2009, dogjunkie wrote:

    My son's Tv stopped functioning after 18 months, the shop ( Currys Superstore) refuse to replace or refund us even after sending a copy of Dominic's letter.

    They now say that the Act states "we have to produce a report detailing the nature of the fault and the exact cause and cost of repair".
    Surely if we do this they will refuse to fix or replace the TV stating it has been tampered with.
    Our only other option is to send it to their Service team which will cost us £60.
    please help , do we have any right to a replacement??

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  • 197. At 12:38pm on 30 Sep 2009, chellebrady wrote:

    I bought a laptop on 23rd January 2009, then it started playing up and crashing so on 29th July i took it back to Currys where it was sent off after failing a hard drive test.They replaced the hard drive but after getting it back still did not seem the same , so it was taken back again 1 month later on August 26th .This also proved to fail a hard drive test and again was replaced as well as the motherboard.We were told if it fails 3 times i would get a refund or a new laptop.
    Since having problems still for the last month it was taken back today but Currys have said they need to send it away and replace it yet again and if it fails next time i will get a replacement.I have showed them the Sales of Goods act letter to which they said its their policy to send my laptop away,so does this mean i have to wait another 2 weeks before i can find out its not going to work again. Also it is strange how i cannot find anywhere that sells this Laptop anymore its an ADVENT 5611 and i can only find spare parts and have heard its re-badged(different manufacturer just with Advent name).So i refused to have it sent away before i seeked any advice that could be given to me,so any help would be greatly appreciated Thank You .

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  • 198. At 08:20am on 01 Oct 2009, valerin0 wrote:

    Bought a setee 18 months ago from Reid Furniture and the leather has torn over a particularly tight part of the frame, and is getting worse.
    Reid say they will not look at it unless I pay them £65.00p to have one of their own assessors look at it and I will lose the money if they decide it is wear and tear.
    I think it is a method of putting people off if they have a complaint.
    I am not sure what to do but am reluctant to lose a further £65.00p at their assessors decision.
    Duncan Kirkpatrick

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  • 199. At 11:27am on 05 Oct 2009, dawtry wrote:

    I bought a ring from Ideal World and within a week the main stone had fallen out and been lost. I'd not done anything inappropriate while wearing it so therefore know I should be covered by sale of goods act. Ideal world tells me every time I phone that the line is terrible and they can't hear me but no other person has this problem with my phone. They send an automated email in response to mine saying they will contact me within 72 hours and I hear nothing more. My credit card company say they won't help.
    Any more ideas?

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  • 200. At 2:44pm on 07 Oct 2009, rikman808 wrote:

    Hi,
    I bought a Panasonic Plasma TV from Dixons in August 07. The warranty has expired but it has developed a fault. A line of dead pixels has appeared from the top to the bottom of the screen, right in the middle of the TV. The TV has not been knocked or banged as it is hung on the wall. I have phoned Dixons but they just tell em they can't help me as it is out of warranty. Do I have any rights to demand a repair/replacement form either Dixons or Panasonic as surely 2 years is not an acceptable product life for an £800 television?
    Many thanks for any advice you can offer.
    Richard

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  • 201. At 4:53pm on 07 Oct 2009, nyants wrote:

    Hi- I was wondering if this Act covered goods which came with the purchase of a house eg a microwave which has since broken down, but purchased by the previous owners.

    Can I use Dom's letter in this way?
    Thanks for any advice.

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  • 202. At 5:39pm on 14 Oct 2009, earhanid wrote:

    Hi there
    I bought some wooden blinds (£250)for my bedroom approximatley over 1 year ago, on line from what happened to be a local seller. The mechanisim (plasic bit) that operates the closure system has snapped off. I contacted the company who advised as it was over six months old there was nothing they could do. Also that it was non repairable. They as a good will gesture (there offer) said I could buy some new ones at 2o% discount. I am not happy with that and feel, what was a quite expensive blind system should last longer. Can I persue this as the goods not being fit for the purpose of they were intended for? and demand replacement or refund.
    Thanks

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  • 203. At 6:35pm on 14 Oct 2009, JayH1984 wrote:

    I got a new phone from Carphone Warehouse about 11 months ago, within 6 months it started playing up (freezing, not responding to certain buttons etc) I took it back and they said they could send it off for repair which would take 14 days, but they were unable to offer me a temporary replacement phone in the mean time. As I need my phone for work I couldn't take them up on this. The phone has gradually got worse and worse since then and I went back in today and they said the same thing. They said that they're policy is for it to get sent away 3 times for repair before it gets replaced, but I cant afford to keep messing around and going back and forth...
    whats my best course of action? :-$

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  • 204. At 3:10pm on 18 Oct 2009, namurt wrote:

    Hello
    On the 20th June 2008 I purchased a Philips Streamium WACS7500 Hi Fi package from House of Fraser for �699.99.

    In September 0f this year the sparinly used CD unit failed which unfortunately was out of warrenty by three months.

    Tried to get it repaired to no avail. Used Dom's letter and was told the onus was on me to prove manufacturing or other defects.

    This has been mentioned in other items on this subject.

    Interestingly I paid for this by Credit Card and got a negative response which maybe of interest. I had tried to make a claim under section 75 of the Consumer Credit act.

    The Credit Card Company rejected the claim because while House of Fraser charged my account a concession within the store supplied them.

    So purchasers buying goods in a store like House of fraser on a credit card may not be covered under the act unless they buy directly from the store not the concession.

    So a fat load of good the laws did me.

    Any comments DOM



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  • 205. At 4:16pm on 22 Oct 2009, dataelaine wrote:

    Thanks to the one show and taking Doms advice on getting your money back, I have now successfully won my four month battle with PC World.
    We have been assured £288 vouchers and it has been well worth pursuing this as I thought all had been lost as we were often sent letters trying to discourage us from taking action. Thank you again

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  • 206. At 10:09pm on 27 Oct 2009, flamedevonlass wrote:

    just read some of the above regarding pc's especially from pc world. I bought my new desktop from pc world on the 28th August 2009 and it stopped working today, only 2 months old. I spent ages on the phone to their repair people who worked out that the motherboard had gone and something else.They said they dont have the parts in stock,and it will take 2 weeks and then an engineer will ring me. What if something else goes wrong with it? Alright its covered with insurance etc but thats not the point.I'm disabled and use my pc to keep in touch with friends up country that i dont often see. Am i within my rights to return it to pc world and ask for a refund or a replacement? We got another identical pc the same day for my husband,luckily his is ok AT the moment.

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  • 207. At 11:11am on 29 Oct 2009, skinnydave75 wrote:

    i went 2 game told them that my ps3 had stop playing game's and told them about the sale's of good's act and gave them the downloadable letter.the manager tryed 2 say that he didn't have 2 repair replace or give me a refund.lucky i got him 2 call head office and now i'm getting it repaired but they said if it can't be repaired they'll give me the trade in price which i'm not happy with that.i would like a replacement so what should i do.

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  • 208. At 7:54pm on 29 Oct 2009, mrscoco36 wrote:

    I bought a peugeot 407 on hire purchase 2 years ago and have had endless problems from clutch, emmisions, central locking and electrical failure,the list goes on and now the turbo is on its way out. I have got into debt with this car and am at my wits end. I have written to peugeot and they have just ignored me. I have now got hold of the previous owner and he told me the car had been a disaster to him to and he took it back to peugeot and demanded another car!!! The car has now been sold onto me with the same problems. Do i have a leg to stand on as i have £8000 worth of finance on it as well as all the repair bills. Thanks for listening. Do i have a case??? I have tried endlessly to get hold of the citizens advice but they are always engaged!!! :-(

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  • 209. At 09:35am on 03 Nov 2009, liz41 wrote:

    Please tell me where to go? I bought a plasma tv which came as a package with cinema surround system, in August and already sent the surround system back as stopped working. Endless amounts of emails which never got me any-where and now they are saying, it was free so not getting any-thing in return. Then a few weeks ago one of the pixels have gone in plasma so phoned samsung but did not get any-where, told cdiscount i want them to collect it and have all my money back as ity was terrible they both go wrong in a few months. I am still emailing them but they are not responding?

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  • 210. At 4:43pm on 04 Nov 2009, Luminita Dawkins wrote:

    Hello,
    I wonder if you can please help me as my inquiry is more about a service, my mobile contract with O2 (via Carephone Warehouse). When my previous contract expired I wrote them I wasn't happy with their service and I wanted to disconnect; then they offered me a new contract with line discount for 18 months (£10/ month). I have signed that new contract only taking into consideration the offer. In July thinking I'm around the end of the 18 months I tried to call O2, but I wasted my time several times as the menu of the customer service number doesn't have any option for my problem (I did write them an e-mail and the answer was they can't do anything by e-mail, I have to phone them!). I went in person to Carephone Warehouse and I've been told that I can stay on the same tariff if I won't get any sign from them. I didn't get any letter or any other further notice from O2 regarding any increase in my tariff and suddenly at the end of August I got the bill with the tariff put up to £25! I called them and told that surely I was entitled to a warning about this and the operator on the phone kept on repeating that my discounted line rental expired and they went back to the normal tariff and they can't do anything about this bill, but they are willing to offer me as a loyal customer (?!?) another new contract from that month on. I told them I refuse to pay and I want to disconnect my mobile if this is how they treat their loyal customers! I found out that they forced me not only to pay that bill, but if I want to disconnect I have to send in writing a letter and after they notify me they received it I have to give them 30 days notice and pay another month! Incredible! How come only they have rights and I can't do anything to stop this, especially it's not my fault? In the contract it is mentined something regarding their obligation to give me 30 days notice and inform me in writing if they decide to change my tariff. They declined that every time I had mentioned that to the operator. I tried to get in touch with the CAB to see if is there anything they can help me with but they only gave me an advice line number and every time I tried to call either is engaged or if the line is free the phone keeps on ringing and nobody picks it up to answer.
    Can you please help me or direct me to whom should I get in touch to sort out my problem? Eventually somebody more efficient that the people I'm already trying with not too much success...
    I have to mention I haven't stopped the direct debit for the payment (and after that bill I got another extra two) as I thought if I do I might then have to pay who knows what other extra charges on top of those increased bills.
    My e-mail address is luminita_dawkins@yahoo.co.uk.
    Thank you very much.
    All the best and all done for the great show!

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  • 211. At 12:10pm on 05 Nov 2009, Lyn Rogers wrote:

    Can you help. this is not so much about faulty goods but when is a Quotation a Quotation. I recently had a wood burning stove fitted cost based on an agreed quotation (not an estimate) of £3187 plus VAT. The cost included the installation of an oak beam across the new fireplace. The beam they produced was a bit of old warped fence post(!) which was not acceptable. I told them we would source the beam ourselves. I then said the cost of the beam would need to be deducted from the total cost of the work. Unfortunately the quotation I received was not broken down so I don't know what the cost of the beam would have been. Although I was told by the installer about £150 and by the Manager £100. I was then told that they had had to install a concrete lintel and some additional flexible chimney liner (not included in the original quote) and, in their words 'shall we just call it quits on the cost then'. I was going to propose to source a new beam and deduct the cost of that from the quote as they had not itemised the cost.Are they right doing what they have done and should I accept this or not?

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  • 212. At 5:51pm on 14 Nov 2009, primablog wrote:

    re :- my sony laptop.
    Well it took a while and some negotiations but PC World gave us £434 for a new laptop and refunded £60 for the engineers report we had to provide.
    Not enough for another sony but still our laptop replaced.
    Thanks Don. Without your information I would never have known what to do,as Sony didn`t want to know and I was stuck.
    Thanks again.

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  • 213. At 7:37pm on 18 Nov 2009, Anna wrote:

    Hi
    In January 2007 I bought Sony Ericsson mobile phone. The phone had stopped working recently:it is no longer possible to turn the phone on even when the charger is plugged in. Therefore, I am now unable to use the phone.I wrote to the O2 store where I bought the phone from, quoting Sale of Goods Act 1979. The manager of the store informed me that he can send my phone off to the manufacture but that it is me who will have to cover all the costs. Is it true?Does Sale of Goods Act not apply to my situation?

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  • 214. At 11:38pm on 18 Nov 2009, jezzer1965 wrote:

    I myself work for a large electrical retailer which I cannot mention for obvious reasons and would like to point out that the eu directive does not apply within the uk as we do have the sale of goods act gives greater rights and this I have confirmed with trading standards.Also I do feel for people that have problems and I myself deal with some of these customers as a manager. However I do get frustrated at times with the verbal abuse I am expected to tolerate, in some cases I have had customers demand refunds or replacements that after investigation have suffered accidental damage.The most common thing I see is with pc's where people don't use antivirus software or because someone can't set thier tv up they expect a refund because its faulty when its not. After 6 months the burden of proof is on he consumer to prove an inherent fault or that the product is unfit and not of satisfactory quality and most retailers do offer a sliding scale of repair charges.As an example the company I work for do free repairs up to 18 months if the product is proved to be unfit. I find people pick out what they want to out of the SOGA but don't actually like it when the facts are laid out in front of them.I can actually and honestly say that I will explain rights to customers everytime and even offer where to clarify these rights.I fully support the SOGA but guys don't expect assistance if you are going to be rude or offensive to us who work in this industry as we also have the right to refuse to serve you

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