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    • You will be subject to the same laws notice periods and protections as with any length of contract.    From my own and other’s personal experience I would treat it as an amber warning light to start putting out feelers into what’s out there on the market   A 6 month contract is great for people who might be waiting for a new build , or having renovations done on their own property. For someone like yourself who wants security it might well be time for you to consider moving on.
    • Thank you. You still haven't given as much information. We need more. Please will you tell us who the retailer is – are they in UK or elsewhere? What was the item and what is its value? Did you declare the correct value? Or did the retailer declare the correct value? You say you paid by credit card – not a debit card against your bank account? Please read around all the Hermes threads on this forum. There is lots of good information there. In particular understand your rights under the Contracts (Rights of Third Parties) Act 1999.
    • I am sorry, but without seeing the contract, and knowing what is on it or what effect it has, it is impossible to say.     
    • A16 BYN is the plates that the car was advertised with, and obviously the plate which I checked the mot history with, I also thought the same that the website maybe hadn't been updated with the most recent mot that the dealer had got done, I asked for the original plate number whilst doing the logging in to my bank account, to pay both the dealer and the shiply transporter. Bearing in mind I had told the dealer around 6pm that I would get the deposit sorted out when I put my son to bed, that gave him every opportunity to send me any pre contract details etc. Just over an hour later (son still wasn't in bed) asked for the address of where the vehicle was to be picked up from as I couldn't accept the quote for the transporter without that information. Less than an hour after that he whatsapped me asking if I still want to buy the car because he's getting enquiries from other interested parties and is telling them that he's sold the car to me (no deposit  paid as yet). I then replied a few min later having finally got my son to sleep.    Anyway between me sorting out the details and where to pick the car up from, log into my banking to pay deposits etc he'd  messaged me the original plate no... which I didn't see until after I'd done all the aformentioned.    I decided to check the history on that plate as like yourself I had been confused about the mileage, low and behold there was the most recent mot containing 5 advisories which were never mentioned to me. Another thing I can't really understand is the expiry date of the mot before that either and I did query all of this with the dealer, only to be told that cars in Scotland are renowned for corrosion issues...and that if I had checked the mot history I would have seen them, I explained I had checked the history on the plate in the advert as I had no knowledge of what the original plate numbers were and he told me that the most recent mot was under the plate in the advert. Most certainly the mot certificate he then sent me on whatsapp had the advertised plate on the certificate,  however, it wasn't showing up on the dvla page.    By this stage I was irate with him for several reasons, for not notifying me of the advisories and telling me that he had checked the dvla and the most recent mot was showing up on the advertised plates, I then screenshot the page with the expiry and this car is not mot'd information, and 2 for telling me that cars in Scotland are renowned for corrosion issues!    Had he simply said, the car is 18 years old you're going to expect to have some corrosion at some point, I'd have been a bit more tolerant at that stage. Apon checking the history on the original plates, it transpired it passed the last MOT previous to the most recent one on the same day the advertised plates ran out, I still haven't quite fathomed out what is going on regards to this. However the previous mot showed no corrosion issues and as it hadn't failed on that basis, I would get the panel beater sprayer mentioned in an earlier post to have a look at it, and sort the issues out re that, also the main reason I had the car delivered to my dad's address as that's also the area where the panel beaters business is.  
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

White goods warrenty issue


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I've been helping my dad renovate a house for about 2 years now (extension, replumbing, rewiring, etc)

 

He bought the kitchen appliances roughly 18-20 months ago and we only just fitted them two week ago, after 8 days of being connected the microwave (large multifunction unit, cabinet mounted) started to smell of burning and then turned off. The fuse in the plug was intact.

 

He's got no idea where he bought it (he's as organised as me) and he didn't ring up and start the warranty (large sticker on the window of the microwave.

 

My query is, does the warranty start from when you purchase the item, install the item, ring the company? I'm guessing it's from the point of purchase, but would the value of item/expected length of life procedure come into play?

 

It's had less than a fortnights "use", we haven't even used it to warm things up, it's even got the delivery plastic on the front panels still.

 

He's a bit put out, he told me he paid out nearly £600 for it (it's a bleedin microwave for crying out loud, even if it is ever so shiney)

 

Any ideas?

 

Thanks

Steve, xxxxx, UK

 

Barclays

DPA letter delivered by hand 04/04/06

Statement request confirmed & DPA payment refunded! 06/04/06

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Nobody got any ideas?

Steve, xxxxx, UK

 

Barclays

DPA letter delivered by hand 04/04/06

Statement request confirmed & DPA payment refunded! 06/04/06

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Consumer goods have to conform to description regardless of a warranty provided by the supplier or manufacturer and the time limit to complain lasts for a minimum of two years throughout the European Union. [Directive 1999/44/EC]

 

A Buyer may require the seller to replace or repair the goods, or if that is impossible a buyer may rescind the contract (get his money back).

 

See Part 5A of the Sale of Goods Act.

 

:cool:

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In practical terms, your guarantee will start when you can prove purchase. The fact it has sat in a box unused is of no consequence, issues whether the box was mis-stored or mis-handled could be alleged and be difficult to prove. At 18-20 months, it will be assumed that the product has functioned since this date, so a claim of an inherent fault would probably not be entertained, but I'd write to the manufacturer directly, gicing the Model and serial number as they may have identified a manufacturing issue and be pleased to provide a swap.

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Oh dear. You've been purpled. sorry.

 

Ignore the two year thing - that is irrelevant. And also not good UK law.

 

You may have a claim, but you will need to prove the goods were faulty when delivered - this will be hard - and you need to know who you bought it from.

 

If the guarantee from the manufacturer is more than the 20 months you can claim against that. Beyond all that Buz's advice is sound.

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Ignore the two year thing - that is irrelevant. And also not good UK law.

-------

 

Whether or not it is thought to good or bad, the fact of the matter is that The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 specifies the UK Laws intended to give effect to the Community Directive 1999/44/EC:

 

(i) Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973[18], sections 13 to 15 and 15B of the Sale of Goods Act 1979(19), sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982(20), and any rule of law in Scotland which provides comparable protection to section 13 of the Supply of Goods and Services Act 1982 (implied terms as to quality and fitness);

 

(ii) Sections 20 and 32 of the Sale of Goods Act 1979(21) (passing of risk and delivery of goods);

 

(iii) Sections 48A to 48F of the Sale of Goods Act 1979(22), and sections 11M, 11N and 11P to 11S of the Supply of Goods and Services Act 1982(23) (additional remedies for consumers);

 

(iv) Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002(24) and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976(25) (consumer guarantees);

 

(v) Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977(26) and article 3 of the Consumer Transactions (Restrictions on Statements) Order 1976 (anti-avoidance measures)

-----------

 

UK laws may provide more by way of protection to the consumer, but not less:

 

1. The purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects of the sale of consumer goods and associated guarantees in order to ensure a uniform minimum level of consumer protection in the context of the internal market.
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so, in summary - it is bad law, i.e. the legislation you quoted doesn't apply in the UK, it is made irrelevant by the limitation act.

 

The rest of your cut and pastes are the usual tosh.

 

Dear OP - ignore Perp. He's daft.

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:roll:

 

EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

 

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

 

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards)

http://ec.europa.eu/community_law/introduction/what_directive_en.htm

 

 

 

To this end, its Member States cede part of their sovereignty under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt laws.

 

These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities. The EU also issues non-binding instruments, such as recommendations and opinions, as well as rules governing how EU institutions and programmes work, etc.

http://ec.europa.eu/community_law/introduction/treaty_en.htm

 

Which part of this is so hard to get?

 

"These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities."

 

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But mostly, they are ignored when it is against that countries national policy. It then falls upon the complaininant to fund an action of complaint and seek compliance. Nothing new there. What is, is your slavish belief that it makes one whit of a difference to the man in the street unless other factions see it worthwhile to do so. It would be far better to get us all a written constitution too, so we know where we stand, but that's not goiing to happen any time soon either.

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I don't know. I think you might have been dropped on your head as a child?

 

Fact: the EU regs you ref to give a two year limitation period

 

Fact: the limitation act 1980 gives a 6 year period

 

Fact: you've quoted bad advice.

 

Fact: you've cut and paste stuff you don't understand

 

Fact: you are a bit daft.

 

 

I assumed, based on your obsession with EU law you'd understand the difference between maximum and minimum harmonisation. I guess not. Have you thought about another hobby? I don't think law is working for you. I hear line dancing is popular. The Enterprise Act, and EU Directive 94/4762 specifically allow for it in public areas.

 

to this end, its Member States shall dance, in lines, whence part of their sovereignty ,under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt musically orientated musical movement providing such is not deemed lewd...

 

...These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities, save for Britain's got Talent. The EU also issues non-binding instruments, such as recommendations and opinions (for eg, the well known three buzzes regualtion), as well as rules governing how EU institutions and programmes work, etc.

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