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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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problems with product after paid


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Hi Jason,

 

Maybe you could do the same for my daughter in that case, it concerns the Bletchley Store in Milton Keynes

 

My daughter purchased a Samsung fridge freezer from BH last year,

after about 5 months the fridge started freezing,

 

it was sent back to Samsung for repair,

 

after a few weeks it was unrepairable

 

subsequently BH had to give her another fridge freezer which they delivered in January 2014 it was the same model, brand new so all good.

 

as she finished paying for it is February of this year and now the same issue is happening and

 

BH say it is nothing to do with them as she has finished paying for it,

 

she will have to pay for the call out charge to Samsung and repairs that will need to be done,

 

this is not correct as the sale of goods act 1979 says that all products should last a reasonable amount of time,

6 months for a Samsung FF is not a reasonable amount of time,

and it is the retailer(BH) she had the contract with not the manufacturer!

 

She is 35 weeks pregnant and can no way not afford to not have a working fridge.

 

What is the best way forward as I do not want to get into a slanging match with them.

Thanks in advance

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Hi Jason,

 

Maybe you could do the same for my daughter in that case, it concerns the Bletchley Store in Milton Keynes

 

My daughter purchased a Samsung fridge freezer from BH last year, after about 5 months the fridge started freezing, it was sent back to Samsung for repair, after a few weeks it was unrepairable so subsequently BH had to give her another fridge freezer which they delivered in January 2014 it was the same model, brand new so all good...No as she finished paying for it is February of this year and now the same issue is happening and BH say it is nothing to do with them as she has finished paying for it, she will have to pay for the call out charge to Samsung and repairs that will need to be done, this is not correct as the sale of goods act 1979 says that all products should last a reasonable amount of time, 6 months for a Samsung FF is not a reasonable amount of time,and it is the retailer(BH) she had the contract with not the manufacturer! She is 35 weeks pregnant and can no way not afford to not have a working fridge. What is the best way forward as I do not want to get into a slanging match with them.

Thanks in advance

 

regarding the slanging match, you WILL need to put your foot down. BH seem to be ignorant of most of the rules and regulations, and think their customers are that desperate they will do anything BH says. Thats why they force people into signing new contracts that are of no benefit whatsoever to them, but very benefiting to BH.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thankyou Renegadeimp,

 

the law is on our side unfortunately time is not,

 

she cannot be without a working fridge with a new born baby,

 

she lives in a small 2 bedroom flat so there is no space for a little countertop fridge

or I would just go out and buy her one.

 

I will go to the store in question as first point of call,

followed by a recorderd letter to head office but I fear they will not take a blind bit of notice.

It is so frustrtaing as she gott into serious debt to pay these people

and now they are not even honouring her purchase even after full payment has been made.... it is sickening!!

 

I work for a major retailer and if a product breakdowns or is sent off to be repaired if it is deemed not a reasonable amount of time

then it is our duty to make that right or give a full refund,

 

clearly BH do not work the same way......

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well said.

 

yes SOGA is the tool here

 

an emil to the CEO might prove useful?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good Afternoon jayne1966

 

Thanks for making me aware of your concerns.

 

To enable me to get this looked into further could you request for the account holder to email us at [email protected] with her account details (account name, address, store the account is with and contact number) and quote the code: F0709386 - with CAG Forum in the subject line?

 

Once sent I can investigate this further. To ensure that it reaches me could you update the thread with this and I'll be able to arrange for a Regional Manager to review the details and to contact the account holder to put in place measures to resolve this matter.

 

The reason I ask for the account holder to get in touch is that we are unable to discuss specific account details with a third party unless we have received verbal or written authorisation from the account holder.

 

Please note, the account holder can also contact our Customer Relations Team on 0800 526 069 if they would prefer to speak to someone directly to help resolve this matter.

 

Many Thanks

 

Jason

Web Relations Team

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Dont speak to them over the phone. They will try and force her to go to the store where she will be intimidated into taking out a new agreement for a new item. Keep everything in writing. There is no reason for her to go to any shop.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Renegadeimp, dont worry about that we shall not be going to the store so there will no chance of that! Jason at Brighthouse who posted above has said that the details will be passed to the regional manager who will contact her as she is the account holder but I will ensure I am there for that too.

I am hoping that they do the just thing and replace the samsung fridge freezer with a LfL product? I have noted however that the samsung fridge freezers are no longer listed, the CS person told me that they were discontinued so it wont be replaced by one of those, maybe they found there was a problem with them and other customers complained about them? Who knows?

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The reason I ask for the account holder to get in touch is that we are unable to discuss specific account details with a third party unless we have received verbal or written authorisation from the account holder.

 

 

I don't think they want you to discuss any account details, I think they want to know when they are getting a working fridge something you seem to be trying to get out of.

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You are correct Conniff, a working fridge freezer is what we paid for and expect to have for more than 6 months!!

Lets see what happens after the phonecall from the regional manager as Jason has suggested will happen. I will update the thread with the outcome

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Can i suggest you record the call. We have had reports of BH reps/managers lying over the phone and then saying they cannot do anything as you MUST go to the store.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 weeks later...

Jason

I have just sent you an email using the refermce nmuber you gave me in the above post, the account holder has given me permission to speak on her behalf as she is too stressed out at the moment as the baby may come early. So this is now of utmost importance to get a staisfactory resolution to this issue.

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Good Afternoon jayne1966

 

I have been unable to locate your email that you have sent this morning.

 

Please re-send the email to [email protected] or give our Customer Relations Team a call on 0800 526 069 in order to confirm the account details and we will be happy to help.

 

Many Thanks

 

Jason

 

Web Relations Team

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Hi Jayne,

Just wondering if Brighthouse have delivered the replacement fridge?

 

Personally I would not accept a like for like replacement since the same fault has happened on two separate fridges - suggesting it is a manufacturing fault.

 

You need to be tough with Brighthouse. Don't take no for an answer. You are entitled to a replacement product or a refund.

 

When I say refund, unfortunately it is not for the entire cost of the product since it is a HP agreement. Brighthouse can legally deduct a small amount in respect of the use of the product.

 

But the extortionate prices Brighthouse charge would mean that you would have cash to go to another retailer to buy a new fridge with probably some cash left over!

 

If it were me, I would be wanting a refund (less small deduction in respect of the usage you have had)

 

Good luck dealing with this retailer!

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If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Hi Vehanite,

 

I am not having any luck with this retailer,

I had a response from Jason at brighthouse on this forum and the promise to get this resolved has fallen by the wayside.

 

 

I was told I would receive a telephone call from a regional manager (who I know is called Lee)

but that was on Monday, still no contact atall?

 

 

He had a letter from BH CS last Friday to say they were invetsigating the matter,

whats to invetsigate the fridge freezer does not work, simple!!

 

 

To invetsigate it they need to go and see the FF, no-one has been out.

 

 

My daughter in law is 3 weeks away from giving birth and I think it is utterly disgraceful that this company

takes so much money for a product that if you purchased in cash it woudl half the price.

 

 

If I get no response from them today I will be taking this to consumer trading standards

 

 

so Jason from BH if you are reading this thread I expect a phonecall today from someone

as I have said before time is not on our side and we cannot have a newborn baby at home without a working fridge!!

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Good Morning jayne1966

 

I apologise that it seems you have not managed to discuss this matter with the Regional Manager.

 

I have spoken to the Regional Manager this morning and he has advised that he will be contacting you today to discuss this matter further.

 

Thank you for your patience but should you wish to speak to somebody in the meantime, please give our Customer Relations Team a call 0800 526 069 and we will be happy to assist you.

 

Many Thanks

 

Jason

 

Web Relations Team

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Hi Vehanite,

 

I am not having any luck with this retailer, I had a response from Jason at brighthouse on this forum and the promise to get this resolved has fallen by the wayside. I was told I would receive a telephone call from a regional manager (who I know is called Lee) but that was on Monday, still no contact atall? He had a letter from BH CS last Friday to say they were invetsigating the matter, whats to invetsigate the fridge freezer does not work, simple!! To invetsigate it they need to go and see the FF, none has been out. My daughter in law is 3 weeks away from giving birth and I think it is utterly disgraceful that this company takes so much money for a product that if you purchased in cash it woudl half the price. If I get no response from them today I will be taking this to consumer trading standards so Jason from BH if you are reading this thread I expect a phonecall today from someone as I have said before time is not on our side and we cannot have a newborn baby at home without a working fridge!!

 

hi, if I were in your situation, I would want a refund in respect of all the payments made for the fridge. As it is a HP agreement, Brighthouse can deduct a small amount in respect of the hire you have had of the product. Since Brighthouse prices are very expensive, even after they deduct their small amount you should still have enough money to buy a fridge freezer from a different retailer with some cash left over!

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Good Morning jayne1966

 

I apologise that it seems you have not managed to discuss this matter with the Regional Manager.

 

I have spoken to the Regional Manager this morning and he has advised that he will be contacting you today to discuss this matter further.

 

 

Hello,

With all respect - I do not see what there is to discuss! Your earlier post in thread stated discussion about specific account details, your latest post states that a manager will discuss this matter further.

 

What is there to discuss? Apart from arranging a delivery of a new product or a refund, there is nothing to discuss.

 

IMHO, the first post in this thread (from 2 weeks ago) provided yourselves with sufficient information in order for yourselves to ascertain who your customer is and provide your customer with the product / services that have already been paid for.

 

Brighthouse are undoubtedly aware that the customer has rights - whether that be delivery of a replacement product or alternatively a refund made (less small deduction for usage).

 

I reiterate that there is nothing to discuss other than that of a delivery date of a new product or a date when the refund can be processed.

 

The fact that your customer has already waited a considerable amount of time for this after you have been informed that a new born baby is on the way is absolutely disgraceful upon your company.

 

Jason - the customer is entitled to either a replacement product that works (not like the replacement you delivered prior). Alternatively, they are entitled to a refund, albeit a refund less a small amount deducted in respect of usage of the product.

 

I do not see any reason why this can not be arranged for your customer!

 

You can not charge extortionate prices and then pretend the customer has no rights... Well, you can do this as you already do do this since Brighthouse business model seems to take advantage of people who are not fully aware of their consumer rights. (Look at other threads for many examples).

 

As stated, there is nothing to discuss apart from a delivery date of a replacement product or alternatively a date in which you will refund your customer.

 

It is quite a simple process... You can tell the area manager that in this instance they have to abide with consumer legislation and not fob people off.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Hi Veganite

 

Thankyou sop much for sticking up for consumer rights, someone aftre my own heart!!

 

I have now had a good start of a resolution from BH, in less than 2 hours after the post this morning,

the regional manager phoned told me that the store where the original purchase would call me to arrange an engineer first

to see if the FF is repairable, this was made to me after about 15 mins.

 

 

If it is deemed unrepairable then a replacemnet FF will be given, this will be happening Tuesday next week.

 

 

Charlotte is just happy that she will be getting a working FF.

 

 

I agree with what you say though not all consumers know thier rights,

and it is a shame, as so many retailers & services get away with shoddiness

because people do not know how to insist on their consumer rights,

Charlotte being one of them,

 

 

she had been fobbed off for weeks until I got a hold of it.

 

 

So hopefully now this will all be resolved to satisfaction by end of next week.

 

 

I update the thread when that happens

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Hopefully Charlottes fridge freezer will be with her soon!

 

As she has already had 2 fridge freezers and both had the same fault, I think that a like for like replacement should not be accepted.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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I should think by now it should be FREE too.

 

get away from these people as quick as you can

 

she has a new baby and all the payments will do is keep draining money

for no real benefit.

 

any retailer would have refunded by now totally after the third 'try'

of getting a working model

 

under soga or the sale & supply of goods act

you are entitled to a full refund I expect

 

 

http://www.legislation.gov.uk/ukpga/1994/35/crossheading/provisions-relating-to-the-united-kingdom?view=plain

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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