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    • And as for “what if I get sick the last week” (or those last three days)......   well, you’d get sick pay. Would you go into your new workplace?   HMRC may not be bothered by 2 overlapping jobs of course, but if NHS CFS (counter fraud And security) noticed that either: a) you were claiming over-lapping sick pay for 2 jobs, or b) you were claiming sick pay for one job while well enough to turn in for the other: expect them to view at least one of the sick pay claims as fraudulent!   if you annoy your “difficult” manager : they might be difficult enough to highlight it for the local NHS CF specialist
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    • To me, it isn't just about social distancing and hygiene measures. I'm far from the first to say it but until there's a reliable track and trace system, I don't think this can be managed properly.   Children may not suffer as much as adults, although some do, they can be asymptomatic and pass on the virus to the rest of the family.   https://www.walesonline.co.uk/news/uk-news/lockdown-david-king-second-wave-18739973
    • When will most schools actually re-open in September ?   And when they open, will they be providing teaching over the number hours 9am to 3pm  ?   I am thinking of the school I attended, which was a large Victorian building, with many modern extensions.  The classrooms which could accommodate about 35 Children elbow to elbow, will only be able to accommodate 20 at the most with any reasonable distancing.   Or does the whole class  of say 35 stay in a bubble and the teachers move around to teach the different subjects ?    I can see many schools opening later in September, not for all pupils for all days and not doing the full hours.   This is going to be very difficult to manage for all those concerned, including parents looking to return to work.     
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    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
stepurhan

Retailer trying variety of tricks to deny statutory rights.

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I bought a second-hand laptop at the start of June. We were told at the time that they couldn't guarantee the battery and accepted that (but only verbally, nothing in writing) Initially we didn't need to use the laptop anywhere but at home and so had no reason to use battery power. At the beginning of last month we tried using it on battery power and it didn't work (no charge in the battery at all) We then ordered a battery from the same place. They didn't have it in stock and delays in obtaining it meant that we received the battery 3 months and 1 day after the laptop purchase. This battery also does not charge. This battery has charged in another laptop so the laptop is at fault. It seems likely to me it was actually at fault from the start.

 

I have gone back to the retailer and they have given me the following reasons for not giving a refund.

 

  • The receipt incorporates a 3 month warranty (literally the words "3 month warranty excluding battery" with no further detail) and I am outside this warranty.
  • That by accepting a receipt with the 3 month warranty on it I have given up my rights to the six month window withn the Sale of Goods Act.
  • That the laptops of this make (RM) were sold as "mains only" due to known battery issues. There was allegedly a sign in the window with the laptops in question. I did not see any such sign when I purchased the machine. I retain both the original details card and the receipt (which includes the same specs as the detail card) and neither mention "mains only"
  • That, with reference to the above, the battery I bought was not bought from him but was bought via an engineer who operates a separate business from within the same premises (i.e.implying he wouldn't have sold it to me given the "mains only" issue above). I have found some evidence that the engineer is a separate business (separate business cards). However, the battery was purchased over the counter within the shop. Also, the engineer clearly works closely with the retail business regardless, and thus should have been aware of any power issues.
  • That I shouldn't have expected a fully functional laptop at the price paid (£125.00) The laptop is low-spec compared to modern machines and has the XP operating system on it (which Microsoft no longer sell and from which they will withdraw support in the near future)
  • When I first took it back I agreed to have their engineer confirm whether the problem was actually the new battery (he has confirmed this) On picking up the laptop today he offered to ask the engineer if the problem could be repaired. (The engineer was absent when I first raised the issue and the laptop could not be located at the time) However, he was proposing that I be charged for the repair. I reiterated the six month window of SOGA and the right to a free repair, refused the paid-for repair and took the laptop (with additional battery) back.

The research I have done indicates none of the above is acceptable and I would be grateful if others could confirm this. Howeer, I am having trouble pinning down where the statutory provision is with regards to certain points. The key one is that my statutory rights cannot be over-ridden by the warranty on the receipt (I'm sure this is correct but I can't pin down where in the legislation this is stated) Less of a concern but would be useful to know is where the burden of proof lies regarding the "mains only" issue. I'm presuming the lack of mention on my documentaton means it lies with him (and I can't see how he could prove it)

 

As a separate point, where do I stand on the battery? This is not faulty itself, but would not have been purchased in the first place had I known the laptop charger did not work.

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You cannot give up or sign away your consumer rights even if you wanted to. If you got the queen to witness your signature to a document that said you relinquish all or some of your rights, it will not be accepted in any court.

 

To deny or attempt to deny or reduce a consumer their rights under consumer regulations is in fact a 'Criminal Offence'.

 

You should let them know that you will be reporting them to Trading Standards unless you get satisfaction. When you are satisfied, you report them to TS anyway.

Edited by Conniff
a million typos

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I really wouldn't mess about with these people any more. Send them a "letter before action" by recorded post and if they do not respond take them to the small claims court.

You made them an offer to buy the computer and by accepting your money the contract was completed. The receipt is just a note confirming that they have received your money. Any terms and conditions on a receipt are of no importance as they have been added AFTER the contract has been agreed on. (Unless of course they are elsewhere in their shop on display)

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*Easy this. Section 6 of the Unfair Contract Terms Act 1977 states that you cannot by making reference to any contract term exclude or restrict sections 13, 14 and 15 of the Sale of Goods Act 1979. Tell all this to trading standards and let them kick ass!

 

*All my advice is given without prejudice.

Edited by Last Of The Time Lords

LL.B (Hons) - University of Derby

 

'real world' legal and retail experience too

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