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jacktheband

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About jacktheband

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  1. I bought a Hotpoint fridge brand new 2.5 years ago (can't remember the retailer offhand - i plan to dig this info out in a bit). It's worked well for the past 2.5 years, happy with it. However, today my missus was sweeping the floor and tried to sweep a little bit under the fridge. As she knocked the underside of the fridge door with her brush quite a lot of paint fell off revealing some bad rusting underneath. The fridge continues to operate, but obviously there is some rust concerns with the door that will no doubt get worse. As an initial standpoint, is it worth pursuing with the retailer under Consumer Rights Act for a repair of the door (which essentially will be a door replacement i would imagine)? Or should i expect that from a 2.5 year old appliance and live with it?
  2. IMO you are correct and DWP are wrong. 12.2 days / 5 days in a week = 2.44 weeks of leave to be paid for. £20232 / 52 weeks in a year = £389.08 per week (weekly pay) There payment (before tax and NI) for remaining holiday should be 2.44 x £389.08 = £949.36
  3. The right to be forgotten is not absolute, and usually there is a reason why they cannot just delete any data they hold about you. That said, if they are using consent as the lawful basis to send you texts and emails then you absolutely have the right to withdraw that consent and they should cease sending you these emails/texts .
  4. Hi guys. Have just read all of the exchanges in this thread. It is certainly an interesting debate! As for my situation, it is a little bit of an anticlimax! We took the car to a garage we know to get the cambelt done as i believe they should be done every 60 000 miles, and our car is 80 000 and i have no service history so don't know if it's ever been done. No point in risking things. We asked them to look at the washer at the same time. Turns out it was a dodgy connection which they easily fixed for free. Job done. However, reading these replies has been of great value to me in trying to understand the ins and outs of the CRA. I deliberately bought the car from a dealership so i would have more recourse for faults as opposed to buying privately (i had always bought cars privately beforehand), so it has been good to know how these rights do or do not give me protection. Thanks for everyone's input.
  5. Ok, thanks for the reply. I will pay to get the windscreen washers sorted if i don't have any leg to stand on. Thanks for all your helps.
  6. The car is 8 years old. They have replied to my last email confirming that they would not repair it free of charge. As for the law, can someone help me understand things? If am wrong then i have no problems in holding my hands up and getting off my high horse! I was under the impression that if a fault develops within the first 6 months since purchase (which includes buying a used car from a dealer) then the fault would have been deemed present at the point of purchase and it is up to the seller to prove otherwise. The washer motor worked when i bought the car but now does not work. I would deem this to be a faulty washer motor which was on the way out when purchased and just took a few month to finally conk out. The fact that it worked for a period of time when i bought the car didn't mean that it did not have an inherent fault within it. I paid £5k for a car that is 8 years old, so i don't think it is reasonable to expect the windscreen washers to work for longer than 5 months. I certainly don't view it as wear and tear. If it was tyres or brakes then that would be something they could argue 'wear and tear'. It's no hardship for me to arrange repair of the windscreen washers myself if i don't have a leg to stand on. But at the same time, if it is the dealer's responsibility to repair as it is within 6 months then i will stand my ground. If anyone could explain how the CRA applies to this situation then i;'d be grateful. Thanks.
  7. I bought a Nissan Qashqui from a local independent dealer in June this year for just over £5k. The turbo went faulty within 30 days, after an initial appearance of indifference from the dealer they did indeed repair it and all was good. However, we now have an issue with the windscreen washers (both front and back) in that they just don't work. I can hear no noise when trying to use them which leads me to think this it is the washer motor (i have checked the fuse and it is not that). The washers did work upon when we first got it, but over the past few weeks they have stopped working. I contacted the dealer via email yesterday confirming that the car is under 6 months since purchase and this fault has occurred for which i would like them to repair. Their reply has been: "Sorry to hear you are having a minor problem with your Nissan Qashqai unfortunately due to you only having a 3 months major mechanical warranty which would of expired on the 11/09/18 this wouldn’t be something we could cover the cost of. Even if this issue occurred during the first three months of you owning the vehicle the washer jets wouldn’t be covered due to the warranty only being a major mechanical warranty." I have just replied to them that my request for them to repair this free of charge is under the Consumer Rights Act 2015, section 9 "Goods to be of satisfactory quality". I have reiterated that i expect them to repair this free of charge or state their final position on the matter so i can then decide on my next course of action. Can anyone give me their thoughts on whether i am completely in the right to demand repair for this issue on a car bought privately from a dealership just under 5 month ago? If they refuse to play ball, what should my next steps be? I have kept all communication with them via email so i have a clear trail, but if we do have any chat via phone then it will be recorded (i have installed a call recording app - thanks to all the advice on here!).
  8. Hi all, sorry i didn't update this thread with the outcome. The dealer accepted the fault and completely repaired the issue promptly. Despite their initial 'hurrumpf' they did sort it out quickly. On to a new issue with the windscreen washers which they do not seem to want to repair. But i will start a new thread for that one.
  9. I bought a used car from a local independent dealership on 11th June this year for £5200 (Nissan Qashqai). It's been a good car since i bought it up until 2 days ago when the CD player stopped playing CDs (it's a 6 CD changer) and then yesterday when the car went into 'limp' mode when driving home. I called the AA who diagnosed a fault with the turbo and towed me to the car dealership. As it was late on a Sunday evening i left the car outside the dealership and returned there this morning at 8.30am to hand over the keys, explain the situation and ask for a repair. The reason i am posting this is that one of the chaps in the office asked if i had paid for their warranty (i hadn't) and said i've therefore just got the basic warranty (up to £300 limit for repairs i think). I replied that i was wanting it repair under the Consumer Sales Act. He made a reply along the lines that it was not applicable to this situation and then walked off. I continued to deal with the other chap in the office, gave him the key and my contact number, He said they'd contact me later today once it's been looked at. I'm just slightly concerned that the dealer might not play ball and get it repaired. I sent an email to the dealer half an hour later confirming the timeline of purchase and when the faults occurred (both the CD player and the turbo) and confirming that i am requesting a repair. I also enclosed a copy of the AA's report from when the recovered the car. Is there anything specific that i need to do in the meantime? If they reply that they want me to contribute to repair costs, i am right that i can demand they cover it completely under CRA rather than warranty?
  10. My suggestion is to raise the request with them first for repair/replacement/refund. Only when they ask you to prove that the fault is an inherent manufacturing fault that you then get an engineers report. I suggest this as I had a similar situation with Co-op recently for a faulty TV. I escalated the situation with them as they were trying to fob me off with the manufacturer. I was fully expecting to be asked to prove the situation as the TV was old than 6 months. However, they decided to simply cave and refund the fill price of the TV (despite it being 18 months old). So worth raising the request/complaint with them first and only getting the engineers report when they prompt for it in my opinion.
  11. In mid July i sent a parcel via Parcel2Go. Have used them before and had no probs. This time i was sending a child's fancy dress costume back to a company as we had bought it but it hadn't fit, so it was a simple return. The item cost £30 (which we would be getting a refund for once returned). The courier fees were £4.02 (i did not chose to pay for the extra compensation cover - as i refuse to pay compensation to cover myself against the company not doing what i am paying them for). It was using My Hermes (via Parcels2Go). A week later we were contacted by Parcels2Go to say that the packaging was damaged, what should they do. I asked them to continue with delivery as hopefully the item wouldn't be damaged. We let the company we were returning the item to know that the packaging has been damaged and to inspect the item before signing for it, and to reject it if the item was no good. A few weeks later we had still not heard more. I asked on Parcel2Go live chat and again reiterated that i want the delivery to be attempted. Nothing further happened for a few days (i was following the tracking info online). I contacted them again via live chat and they confirmed that the item had been lost and to initiate a claim. I raised the claim for £34.04. Only £4.04 has been refunded. They are rejecting my claim for the cost of the lost item (£30) as i did not take out their extra insurance. I have spoken to them via live chat today to complain. I was told that they were not liable for the lost item as i did not take out their additional insurance. I asked to escalate and spoke to someone else via live chat who reiterated the same thing. I asked for their full complaints procedure and was given an email address which they say is the last step in the complaints procedure and they will issue a final decision (and they have reiterated a few times that they will 'just say the same thing that i have been already told'). Although it is only £30, i am willing to stand up for my rights and demand compensation for them losing my property. They have referred to Ts&Cs 6.7 "If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased compensation cover for your Consignment from us. " Can i have anyone's thoughts on their liability to compensate me for lost goods in this situation?
  12. If any admins want to change the thread title to show that it is resolved then that would be grand. Cheers.
  13. Well, well, well. Today has got off to a good start. Following my email to co-op on Friday in which i asked for a copy of their full complaints procedure, which ADR they were signed up to and making it clear that i will not be accepting their response of 'we will not do anything', i have had a reply from them this morning offering me a cheque to cover the repair costs of the TV. Well, i say the repair costs, but the cheque will be for £210 which is basically a full refund of the TV. Obviously, i immediately agreed to their proposed resolution! This is a little bit more proof that they seem to not know what they are doing, as they certainly are not obliged to give me the full cost of the TV (considering it has already had 1 year's use out of it). And they have not asked for me to provide any independent proof that they fault was inherent since the point of sale. Oh well, i'm not going to look a gift horse in the mouth. Obviously, i'm very happy with the outcome. Thanks for everyone's help with this. My next step was going to be a Barclaycard s75, so hopefully this post will be of help to anyone else in a similar situation that always worth pushing through a company's complaint procedure until they buckle, or if they don't then you've always got s75 to fall back on (assuming you paid by credit card).
  14. Thanks for the replies. So, looks like doing a section 75 with Barclaycard is the way to go. One question, i have yet to approach a TV repair company for an independent engineers report to support that the issue was inherent since the point of sale. I was waiting for co-op to ask me for this (or was hoping they would accept the issue without demanding that i do this). Should i be getting this individual engineers report prior to submitting an s75? In the meantime, i have emailed co-op back stating that i reject their response and to provide me with their full complaints procedure and any ADR that they use, and to escalate it higher in the complaints procedure or issue me with a deadline email. Just trying to ensure that i have pressed as far as i can with them and that they confirm that they will not play ball.
  15. Hi all. Hoping for some advise on next steps with a faulty TV that is 1 and a half years old. I want Co-op to repair it free of charge under the SOGA but they're not having any of it. I'll lay out the timeline as follows. Toshiba TV was bought by mother in law from a Co-op store in person in Oct 2014. She paid £208 for it (reduced by by about £50 as she had just finished working for a different Co-op store and had a discount card). She paid using her Barclaycard. In approx Jan this year it went faulty. Won't switch on. The power button on it alternates between red and green, but the screen remains blank. Read some online advice, tried keeping it unplugged, then plugging in and keeping finger on power button, etc. But no joy. Completely dead (apart from flashing power button). Mother in law speaks calls Toshiba, who tell her that she is over the 12 month warranty so tough, she will have to pay for any repair. She goes out and buys a new TV. Then i suggest that i take up the fight (as i'm a bit more clued up and don't like companies not taking accountability). Have been busy for a few months but have started contacting Co-op a few weeks ago to see what i can do (i guess i'm sort of hoping she'll give me the TV if i get it repaired, as she's gone out and bought a new one! But if not, i'm just happy to have helped her). I email Co-op Customer relations mid-March advising them that i am raising complaint that the TV is faulty and that i am wanting them to repair it free of charge under the Sale of Goods act as i believe it is not of satisfactory quality and not lasted a reasonable length of time. I attached a scan of the receipt as proof of purchase. I was expecting a reply along the lines of 'as it is over 6 months then prove it was inherent that the point of purchase', in which case i would have to go and get an independent technical assessment of the fault. First reply was the standard 'we're busy, we might take a while' email. 13 days later (i.e. late March) i get a reply acknowledging the complaint and advising me that they are forwarding it to their electric shop. The next day another email apologising as they now realise that it was bought from a store and not their electrical shop (i.e. not online). 30th March: Reply saying that will not repair it. and that i will need to contact Toshiba. I reply immediately stating that i am wanting it repaired under SOGA, and that i am pursuing them accordingly for this. Any warranty is in addition to my statutory rights (and the 1 year warranty has run out anyway). I reiterate that i want them to fulfil their obligations under SOGA, and if they are unable or unwilling to then to either take the complaint higher or refer me to any ADR scheme that they are a part of. 31st March: Email reply that they have spoken to one of their Team Leaders and are now referring it to their Group Risk and Insurance Division for advice. Yesterday: Reply received that they will not be repairing it, and again referring me to Toshiba. Some quotes from this email (as i can't believe how wide of the mark they are): "I have now discussed your complaint with our legal department. They advise me that the Co-operative Group is responsible for electrical products sold in our stores for twelve months after purchase until the initial twelve-month manufacturer's guarantee expires. After the initial twelve months, if an electrical product purchased from one of our stores develops a fault, the purchaser needs to contact the manufacturer of the product to arrange a repair. As the TV you purchased from our store is now out of its initial twelve-month guarantee, the responsibility for its repair is now with Toshiba, the manufacturer and remains with them for the six years following the expiration of the initial twelve-month manufacturer's guarantee." So, i have yet to ring Toshiba myself. But that would be a pointless exercise i would imagine as it is out of warranty and they have legal obligation to do anything for me. I have yet to approach any independent technician to assess the fault and provide a report, as i was waiting for Co-op to either prompt me for this or accept the fault as stated. Do i attempt to pursue the complaint with Co-op? Or ask for a deadlock letter? Or is there a Retail Ombudsman i should approach? Any help appreciated. (apologies for the long post, but always best to get all details and leave out any ambiguarity).
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