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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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Another faulty electrical item :-( ***Resolved***


physicsgraduate
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I seem to always have bad luck when buying stuff,

 

bought a DSLR camera less than 4 months ago at PC world and been using it a lot as I am a keen photographer.

 

It just developed a fault which is going to mean that I am without it for probably up to 2 weeks,

which is not really great right now because I am using it a lot and was planning to go away next week

and take some photos with it somewhere, but if it's away getting repaired then I can't obviously do that.

 

I'm just wondering where I stand with my consumer rights here.

 

I paid for the use of an item specifically during an imminent period and now I don't have that use, and that sort of forfeits the whole deal kind of.

 

Would there perchance be a piece of legislation I can quote to them which says that they have to give me a replacement or a refund here?

 

I was also thinking that maybe I should get a different camera anyway,

but mostly I just want to make sure I have a camera,

or at the very least they loan one out to me for the duration.

 

It also has a scratch on it now, on the screen when I put it on a dike the other day,

not because I dropped so maybe they will accuse me of mishandling it,

which is certainly not the case I look after stuff, especially gadgets.

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It's the command wheel on a Nikon D3200, I googled it and so far found no suggestion that many other people have experienced the same issue, although there are some. I now can't change the aperture or any other manual settings, can only be used in auto now.

 

Been trying to do a bit of HDR photography which means changing settings a lot putting some strain on the wheel but after only three months of heavy use it should not be failing already. I'm not sure what you mean by inherent, certainly I wouldn't describe this as normal wear and tear and it sounds like it might be the result of cheap manufacturing, what with it being the bottom end affordable price entry level of it's kind. A refund, therefore might be worth looking into.

 

I found a YouTube video of some guy having the same issue with a different model of camera, and Nikon kept sending it back saying they could find no fault with it.

 

I paid for it by VISA Debit.

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Hi physic

 

When exactly did you buy it?

 

Contact PC World, tell them the fault, explain that you have ongoing studies and that you need a camera immediately as a goodwill gesture, can they refund / replace, if not carry onto Chargeback, do not entertain sending the camera for repair.

 

Contact your Card Provider ask to carry out a Chargeback. You can phone them, but also send the amended template, send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/action/letter-to-make-a-chargeback-claim-

 

(I'm not sure what they will say about the scratch).

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I'll look into that. I hope the scratch doesn't cause problems it only happened a few days ago. Other than that it doesn't look mishandled and the screen is pretty susceptible to scratches anyway, I guess for the purposes of not giving them any reason to suspect mishandling I could make up some other story other than what really happened. If it had been dropped then there would be other marks on it to suggest this probably. A scratch is just a scratch, generally speaking scratches alone tend not to break things.

 

I know what's happened, I've been trying to do a bit of HDR panoramic photography and whatever method you use with this camera (which doesn't do exposure bracketing) it involves turning the wheel about three clicks > snap > then again etc. and so with it being cheap manufacturing it's probably failed on that basis, which I think would be a good argument for a refund. Then I can buy the latest D3300 with exposure bracketing.

 

That link you posted says this-

 

Chargeback applies to all debit card transactions and can be a good option for getting your money back on transactions costing less than £100 and not covered by Section 75.

 

This cost over £300. So can I still play the chargeback card?

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Is there a mistake on that page? It says on this page-

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

Making a Section 75 claim

There are some limitations to when a card company is liable along with the retailer or trader. The item or service you bought must have cost over £100 and not more than £30,000.

 

The link you posted says it has to be under £100, but this makes more sense.

 

Oh I wish I'd known about this when I bought my MacBook a few years ago...

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I think chargeback is different from Section 75, which wouldn't sadly apply to me because it was a debit card I used.

 

Section 75 applies only to credit cards and not to debit cards or charge cards (where all charges must be settled at the end of the month).

 

I'm confused, how can I ask for a chargeback, the item wasn't less than £100?

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Yes you can still do a Chargeback, it's just saying that you can't get refunds with Section 75 under £100 (Credit Card).

 

I'll look into that. I hope the scratch doesn't cause problems it only happened a few days ago. Other than that it doesn't look mishandled and the screen is pretty susceptible to scratches anyway, I guess for the purposes of not giving them any reason to suspect mishandling I could make up some other story other than what really happened. If it had been dropped then there would be other marks on it to suggest this probably. A scratch is just a scratch, generally speaking scratches alone tend not to break things.

 

I know what's happened, I've been trying to do a bit of HDR panoramic photography and whatever method you use with this camera (which doesn't do exposure bracketing) it involves turning the wheel about three clicks > snap > then again etc. and so with it being cheap manufacturing it's probably failed on that basis, which I think would be a good argument for a refund. Then I can buy the latest D3300 with exposure bracketing.

 

That link you posted says this-

 

 

 

This cost over £300. So can I still play the chargeback card?

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I misread it then. In other words chargeback applies on items of any price, and can be useful for when Section 75 doesn't apply, ie. if the item is

 

I'll see what they say then, I'm not expecting them to be too willing to go along with this but if I start quoting my rights to them then just maybe someone there will understand that they must comply with the industry regulations and refund/replace.

 

In any case, if they refuse to comply with my wishes then I can maybe buy another new camera in the meantime from somewhere else just to spite them, and then take up the refund claim with the small claims court.

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If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.

 

Actually I think the command wheel has been playing up a bit since I first started using it.

 

If they don't refund me then... what are my options? Get it repaired on the day by a professional and send them the bill? Would rather push for a replacement at least.

 

And I read the chargeback lletter and see why you were so keen to know exactly when I bought. I checked the receipt I still have over a week to claim this.

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See what PC World say first, then carry out a Chargeback. Getting it repaired elsewhere isn't an option. PC World will be extremely unhelpful.

 

Actually I think the command wheel has been playing up a bit since I first started using it.

 

If they don't refund me then... what are my options? Get it repaired on the day by a professional and send them the bill? Would rather push for a replacement at least.

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See what PC World say first, then carry out a Chargeback. Getting it repaired elsewhere isn't an option. PC World will be extremely unhelpful.

 

I still have jut over 1 week to claim a charge back (I checked the date).

 

Do you not recommend getting it repaired because it's still fairly new and more likely to develop other faults on account of poor assembly/testing and being opened up again and fiddled with? I mean who wants a refurbished appliance when you paid for a new one..

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Maybe I can put a screen protector over the screen before taking it back and hope they don't notice the scratch. I don't think that is being dishonest since it's a minor piece of damage and I know it didn't cause this defect, it was just because I carelessly leant it against a rock without thinking. And if it does get refurbished then I'm sure they can replace that bit easily enough anyway.

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Let us know how it goes. Ideally for the length of usage you've had, no a repair isn't acceptable.

 

I still have jut over 1 week to claim a charge back (I checked the date).

 

Do you not recommend getting it repaired because it's still fairly new and more likely to develop other faults on account of poor assembly/testing and being opened up again and fiddled with? I mean who wants a refurbished appliance when you paid for a new one..

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They were about as unhelpful and cooperative as we all expected, so I basically told the manager that I'd be claiming a chargeback through VISA and taking my custom elsewhere from now on. Going to buy a new one today or tomorrow. How long does this chargeback usually take and I am definitely covered by VISA debit?

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You paid by VISA Debit, so yes, your card provider will tell you how long, because it varies with different providers. Explain that you've given the retailer an opportunity to resolve the matter. Bear in mind that Chargeback's do get declined, but you are in a position to claim under Chargeback.

 

Can you not borrow a camera for the time being?

 

They were about as unhelpful and cooperative as we all expected, so I basically told the manager that I'd be claiming a chargeback through VISA and taking my custom elsewhere from now on. Going to buy a new one today or tomorrow. How long does this chargeback usually take and I am definitely covered by VISA debit?
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You card provider will advise you, state that the camera is faulty, the retailer is being unhelpful, you want to carry out a Chargeback.

 

How long does this all take then?

 

So I just say there's this fault, I need to use the camera and PC World wont refund or replace it kind of thing?

 

Then they refund me and then I have to take it back to PC World?

 

What are the chances of it not going through?

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Sounds like these things drag on. Does there need to be proof that the item is faulty, should I go back in and talk to them again? Maybe they can fix it in a few days. Still, I'd then be in receipt of a refurbished item after only a few months, and my experience with repaired stuff is that it usually has other faults.

 

I'll pop in to my local bank and talk to someone there, save any excessive phone costs.

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Take your camera with you to the bank, you can demo the fault. They won't fix it in a few days (PC World).

 

Sounds like these things drag on. Does there need to be proof that the item is faulty, should I go back in and talk to them again? Maybe they can fix it in a few days. Still, I'd then be in receipt of a refurbished item after only a few months, and my experience with repaired stuff is that it usually has other faults.

 

I'll pop in to my local bank and talk to someone there, save any excessive phone costs.

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