Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default PC World Returns, what am I entitled to?

    Hi, first post but lurked around and found this to be a great resource.

    Hope you can help with this. I bought a Canon printer about 5 months ago, and about a month ago it started failing. Keeps not recognizing the cartridges, it will be random cartridges, so must be the printer and not the individual cartridges. I have done a bit of reading about this problem in the internet, and seems like a problem in general with this generation on Canon printers.

    The printer was bought for £109.99. I'm going to see if I can get another brand, as not too keen on getting another Canon, but realise I may have to.

    My question is, am I able to exchange my broken printer for a printer worth £109.99, or will I have to exchange for a printer that is worth what mine is selling for now? Or will they just say we can only offer an exact replacement?

    Hope my question makes sense, and thanks in advance for any help.

    James

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  2. #2
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    Default Re: PC World Returns, what am I entitled to?

    Hi

    I feel you should ask for a refund, the printer is faulty so you have some protection under the sale of goods acts.

    I read that you have discovered there is a problem/ design fault this model, can you provide the retailer with evidence of this.

    Why not take advice from trading standards before you visit the store, I found the Birmingham TS really helpful in a similar case, faulty laptop.


    Andy


  3. #3
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    Default Re: PC World Returns, what am I entitled to?

    Have a look at my signatureicon (clikc on my name and then you should se the signature) - there is a link there.

    Basically, PC world need to investigate and either repair or replace the printer. ideally it would be with the same one, but one of similar cost, wuality and specification should be ok.



  4. #4
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    Default Re: PC World Returns, what am I entitled to?

    Thanks for your replies guys.

    I went down to PC world, had the grumpiest guy ever serve me. But they said I could exchange the printer for one that is the same price or more and I pay the difference. Which is fine really, they had one that was advertised as £99.99, but was actually £69.99, and said I couldn't make up the difference with something else. So going to wait a couple of weeks and see if one that cost £129.99 comes down in price.

    Will let you know if I have any problems with round two!

    Cheers,

    James


  5. #5
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    Default Re: PC World Returns, what am I entitled to?

    Hang on - you said you paid £109 for your printer. the one you have seen is £70 (reduced by £30). Now its a while since I was at school but I make it that they they would owe YOU money!



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    Default Re: PC World Returns, what am I entitled to?

    Hi,

    If I understand this properly, "Jurassicjim" can only exchange his printer for another at either the same price or higher only, not for a printer at lower than what he paid.

    5layer

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  7. #7
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    Default Re: PC World Returns, what am I entitled to?

    He could accept one at a lower price / quality, but that should not happen



  8. #8
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    Default Re: PC World Returns, what am I entitled to?

    I COULD take something of lesser value, but I would loose out as they won't make up the difference with store credit or similar. So just going to sit it out and wait for something that costs £100-109 that I want.

    j


  9. #9
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    Default Re: PC World Returns, what am I entitled to?

    Were you using genuine cartridges? Refills, especially the cheaper ones will not have had the inbuilt chip reset, and compatables seem to have the same trouble and not be recognised.

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  10. #10
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    Default Re: PC World Returns, what am I entitled to?

    Quote Originally Posted by Conniff View Post
    Were you using genuine cartridges? Refills, especially the cheaper ones will not have had the inbuilt chip reset, and compatables seem to have the same trouble and not be recognised.
    Yeah, using the cartridges that the printer came with, so genuine canon. Had hardly used it to be honest also. Just decided to stop working one day. Been reading a bit about this model, and seems to be quite a common problem.

    j


  11. #11
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    Default Re: PC World Returns, what am I entitled to?

    You have taken the right action and your quite lucky to get this swap as most retailers don't want to know after the first month.

    I would personaly wait, keep an eye out and watch for a suitable printer to what you orginaly paid.

    Also I would google the model of choice before you commit to the swap over, after all you don't need a repeat of the whole problem again.

    Well done and good luck

    Started claim with Halifax on 30/04/08
    Sent 1st letter for bank charges and interest

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  12. #12
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    Default Re: PC World Returns, what am I entitled to?

    I would be wary though. The last thing you want is, three months down teh line, having a fight because PC world have changed their minds or the person you spoke to left. It's bad enough obtaining a remedy at the best of times.

    Why not ask for vouchers now? Might save a headache later



  13. #13
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    Default Re: PC World Returns, what am I entitled to?

    Sale of goods act springs to mind, which basically states that anything sold has to be of salable quality, and must do the job as prescribed.. "fit for purpose" really. It also states that with any reasonable usage (probably classed as the page cycle per month by the manufacturer, more usual to find it with laser printers though), the item should last a reasonable length of time. First of all it is down to whoever sold the thing in the first place. DONT let them fob you off with its Canons problem. It's not, in the first instance... its PCWorlds! They are also obliged, if you so wish, to refund your money, and you can also reject any kind of credit voucher for their store (as they are obliged to refund your money, which you could spend anywhere. Credit vouchers are designed to make you spend your money in their shop).

    I hope this has clarified a few points, and dont go charging down stating the Sale of Goods act unless you are 100% certain in your own mind of how to interpret it, but which the relevant parts are not so difficult anyway.

    You also have Trading Standards on your side with this.


  14. #14
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    Default Re: PC World Returns, what am I entitled to?

    Quote Originally Posted by gni03349 View Post
    Sale of goods act springs to mind, which basically states that anything sold has to be of salable quality, and must do the job as prescribed.. "fit for purpose" really. It also states that with any reasonable usage (probably classed as the page cycle per month by the manufacturer, more usual to find it with laser printers though), the item should last a reasonable length of time. First of all it is down to whoever sold the thing in the first place. DONT let them fob you off with its Canons problem. It's not, in the first instance... its PCWorlds! They are also obliged, if you so wish, to refund your money, and you can also reject any kind of credit voucher for their store (as they are obliged to refund your money, which you could spend anywhere. Credit vouchers are designed to make you spend your money in their shop).

    I hope this has clarified a few points, and dont go charging down stating the Sale of Goods act unless you are 100% certain in your own mind of how to interpret it, but which the relevant parts are not so difficult anyway.

    You also have Trading Standards on your side with this.
    The OP is not entitled to a full refund as the goods have been accepted



  15. #15
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    Default Re: PC World Returns, what am I entitled to?

    Sorry guys, bit confused by the last two comments. Are you saying I should be able to get store credit if I wanted or a cash refund?

    Would be happy with store credit as could get a cheaper printer then get GTA IV

    Don't want to start demanding stuff I won't be able to get and then look like a fool.

    Thanks for your advice,

    Jim


  16. #16
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    Default Re: PC World Returns, what am I entitled to?

    No.

    You are entitled by law to a repair, replacement or partial refund. It is for the seller to choose which one and it must be proportionate to the other remedies and be of minimal inconvenience to you.

    If PC World have already stated that they are willing to exchange it for another printer, then that is good. My only concern is taht, if you wait, you may get someone else at the store who will not agree to the exchange. Basically, all you want is sometig concrete so that you can go in, say, in two months time and get the other printer.

    I would suggest that vouchers would be the better option if this is what you wnt to do, either that or something in writing from the manager stating that you can exchange the printer for another in x amount of time. It's just really a matter of ease and convenience.



  17. #17
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    Default Re: PC World Returns, what am I entitled to?

    Quote Originally Posted by gyzmo View Post
    May I suggest you practice what you preach. The OP is NOT entitled to a refund as he has accepted the goods.
    Huh? Can you clarify that please.

    Of course he has accepted the goods, as he paid for them, in good faith.


  18. #18
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    Default Re: PC World Returns, what am I entitled to?

    Thanks for clearing that up for me. I would have been quite happy to take vouchers, but they wouldn't offer me them, I asked them, but wouldn't do it.

    jim


  19. #19
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    Default Re: PC World Returns, what am I entitled to?


  20. #20
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    Default Re: PC World Returns, what am I entitled to?

    Quote Originally Posted by gni03349 View Post
    Huh? Can you clarify that please.

    Of course he has accepted the goods, as he paid for them, in good faith.
    Once accepted, all conditions become warranties (thereby enabling a claim for damages only) or, taking the newer route, a repair or replacement. A refund is only possible where other remedies are unreasonable / impossible / or where they have been attempted and failed. even then the refund is on a pro-rata basis for use that the user has had.

    The term acceptance here does not have its usual meaning in terms of "taking the item".




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