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    • In terms of their refusal to comply with your subject access request, you may as well sue them in a separate County Court action. If you'd like to do that then we will help you. It would be very easy to do. You are entitled to claim damages for distress and I'm sure that you are hugely distressed by their failure/refusal to supply you with your personal data and I would suggest that you might want to sue them for £100. These people seem to be pretty disorganised and lack any understanding of how to run a business. I suppose that they would try to defend a data protection action on some spurious grounds – but it would increase the pressure on them and the risk to you would be very low – only about £50 or so in the unlikely event that you would lose the case. In the event that you would win then you would get your court fees back as well as the damage you are claiming unless a court decided that there were grounds for reducing the value of your claim. Pretty unlikely in my view.  
    • I think I have to add some clarification to the advice which has been given by my site team colleague above. Firstly, the Consumer Rights Act does not replace the existing law of contract. It simply supplements it and adds some additional solutions such as the short-term right to reject – and the right to reject within six months after giving a single opportunity to repair. These remedies are meant to be solutions but in fact we are finding – especially with car dealers – that the law is simply being ignored and frankly from that point of view the Consumer Rights Act is not a great success. There really ought to be in place a punitive measure for retailers who don't respect the 30 day rule and the six-month rule. But there aren't. So what is left is that even after six months, the item which has been sold to you must be of satisfactory quality and must remain that way for a reasonable period of time. What is a reasonable period of time depends on the reasonable expectations of a reasonable consumer. If the item starts to develop problems early on in its life then I think it can be generally taken beyond doubt that the item has failed the test of "satisfactory quality" because it has not remained that way for a reasonable period of time. Where an item starts to fail towards the end of its reasonable life expectancy, then you have a more difficult problem and that is where as my site team colleague has suggested, that you would ideally have to find some expert evidence to show that the item had failed because there was an existing defect. You could do this by getting an independent inspection or else by finding other examples over the Internet to show that this was a known problem. My site team colleague is right that you would have to demonstrate a defect even if the item fails at an early stage in its life – but I think that if you are taking a cooker with a reasonable life expectancy of probably, say, eight years – then I think the fact that it has developed a serious defect in the first 12 months would be taken by any County Court judge as clear evidence that it had failed to live up to the requirements of the Consumer Rights Act – that it was not satisfactory quality. If the judge accepted that failure as evidence, then it would be up to the retailer to counter the presumption with evidence that there was nothing wrong with it. So what I'm saying is that in the first instance, I think that the defect speaks for itself and the question now is how to proceed. I'm sure that we can help you and I'm sure that we can help you get a result. I have to say now that you've been here since 2015 and I'm extremely disappointed to find that you seem to be unaware of the fact that you enjoy ample statutory rights to deal with this and that you seem to be lamenting the fact that you didn't take out an extended warranty and that furthermore you seem to be prepared to rely on a so-called 12 month guarantee provided by the manufacturer. You are asking how these companies can get away ripping off "innocent people" and I suppose that you are referring to "innocence" in the sense that people don't deserve it. Frankly I tend to see "innocence" in the sense of a certain naïveté – especially when people know about this forum. I don't particularly understand why you have put up with this for a pretty well five months instead of coming here. If you want to take that as a slapped wrist – then please do. Also it's a message to other people who visit this thread. Can you please tell us about the price you paid and any exchange you had with Currys. I understand that they have simply knocked you back to the manufacturer? Are you surprised? You're dealing with Currys. Another example of innocence. Blesséd are the meek. I don't fully understand the fault. Maybe you could put up a picture of the fault – in PDF format please. It will help us get a better idea what we are doing. Also, have you had anybody coming to have a look and see if it is actually repairable?  
    • In regard to the Labour Party, they need to recognise that the Tories have a larger base of support for their flavour of politics.  Brexit has stirred up a nationalistic spirit in many people on the political left and right, with former Labour voters now invested in supporting the Tories in trying to make Brexit a success.   This makes it very difficult for Starmer or any other replacement Labour leader to challenge the Tories, as those on the Brexit bus ride, now have their fingers firmly placed in their ears. This is why the recent sleaze allegations made no difference.    I predict that Labour and the Lib Democrats, plus the Green Party are going to have to form an alliance in the near future, so they offer an alternative to the Tories during the next 5+ years.        
    • Scotland should have a right to hold a referendum on independence, if parties supporting independence have a majority in the Scottish Parliament to hold a referendum.   Not sure Scottish people would vote for independence, but they should be allowed a vote.
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Printer Not Fit For Purpose?


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Hi,

have tried to search to see if anyone else has had same issue but haven't managed to find anything.

 

After reviewing many printers, I bought a Kodak ESP 3250 from PC World 8th Jan 2011.

 

Beginning of June 2011 after changing ink cartridges the printer developed an error message that would not clear,

so I contacted Kodak support team for help.

 

After following all instructions and nothing working they sent me a replacement printer 17th June 2011.

 

October 2011 the printer developed the same fault so I contacted Kodak again,

this time Kodak offered a replacement printhead stating

'I would also like to inform you that we have implemented several changes to our product and manufacturing processes. T

he latest printhead include these changes, and we are confident about it because we are getting positive feedback.

With this solution, the printers typically begin to function normally,

producing the high-quality images you expected when purchasing the product.'

The printhead lasted 6 months,

May 2012 and any black printing is illegible.

I have since read several further reviews of this printer and a lot of people appear to have had the same issues.

I complained to Kodak stating I did not want any further replacements just my money back as the printer is clearly not fit for purpose,

naturally they are not the ones to refund me and they rightfully pointed me in the direction of PC World.

 

PC World have told me that while the printer is in warranty I have to go back to the Manufaturer.

Can anyone please advise me as to how I can get my money refunded.

Thanks. :???:

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nothing to do with any warranty

 

under SOGA it was unfit for purpose.

 

i'd contact this person.........

you will not be able to PM

this gent

please follow the info below:

 

From:Paul - CurrysPCWorld

Hi Guys,

you can contact me at http://getsatisfaction.com/curryspcworld/

I will be able to chat to you further from there.

Kind Regards,

PaulThe KNOWHOW Team

 

or

Thanks for taking the time to post your issue on the forum.

I am sorry to read of the trouble that you have experienced

If you would like to email me at [email protected] with your agreement details and postal details and tel number,

I will look into this for you to see what I can do to resolve this.

 

 

Kind Regards,

Paul

The KNOWHOW Team.

................

 

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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Guest Paul - CurrysPCWorld

Hi Crofter,

 

Thanks for posting. If you would like to email me at [email protected] and include the date or purchase and the full date of exchange. Please also include your full address and postcode, telephone number. I will bring your details up and look into what can be done to get this resolved for you.

 

Kind Regards,

 

Paul

The KNOWHOW Team.

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I wonder how long a printer is expected to last ?. Ive gone through quite a few, some are very cheap (£20-£30) range, so maybe it could be argued they arnt expected to last long, in fact some are even cheaper than the cost of the cartridges inside !..

 

Andy

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well not really as in all truth, the item WAS faulty.

 

its not as if kodak would be called liars as there was no faults to fix

 

 

just probably followed the stickers on the device.

 

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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No I don't think so, a Court wouldn't see it that way :-

 

'PC World have told me that while the printer is in warranty I have to go back to the Manufaturer.'

 

Wouldn't going direct to Kodak twice have jeopardised any potential claim under the SOGA?
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Hi Paul

 

I did email PC World and it was the KNOW-HOW Team who rang me and said they could do nothing it was up to Kodak. Case ref PCW1502228CR for full details. So are you now saying that I can get a refund from PC World?

Any info on what to do next would be appreciated. Thanks

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Guest Paul - CurrysPCWorld

Hi Crofter

 

I have found your details on our system.

 

As the item is still under the manufactures warranty our team would look to repair the product and if the item can not be repaired then we would look to exchange the item for you.

 

On your previous contact with us my colleague Leanne advised, As Kodak have sent out an alternative printer head that carries a 1 years warranty. We would look to get the item in for an assessment and then repair before we agreed to an exchange of product.

 

Should you wish to not accept the information I have provided you are more than welcome to speak to Kodak about the possibility of another exchange, but as your post above states you are looking for a refund. If you call our team on 0844 561 1234 (local rate) we will be able to book your printer in for a collection and repair.

 

Kind Regards,

 

Paul

The KNOWHOW Team.

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Hi Paul

 

Thank you for your offer, however I am far from happy as I still believe that this printer is not fit for purpose and I have lost all confidence in this particular model being able to fulfill my expectations of a working printer. This is borne out by it having been operational for no more than 6 months or less at a time before something goes wrong.

My alternative proposal is that I am offered a credit note to the value I initially paid for the printer so that I can buy another make which hopefully will fulfill my expectations of having a working printer, even if I have to pay more.

I would add the hassle suffered since having bought this printer has not been recognised as, even your latest offer will include further inconvenience of having it repaired.

If PC World are adamant that the only option open to me is repair then I would like to have an assurance in writing that should this printer fail again within 12 months I will definitely be entitled to a refund/exchange/credit note.

regards

Crofter

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Guest Paul - CurrysPCWorld

Hi Crofter,

 

Thank you for taking the time to get back in contact with me.

 

I do appreciate that you do not want to be without this item as it is relied on. Unfortunately I am not able to comply with your request's, we do need to be able to test your product in our repair environment and attempt to repair the item. If we are unable to repair the item within a reasonable amount of time (28 days) then we will look at replacing the product for you.

 

Should we repair the item and it develops another fault within 12 months we will have to take that when the time comes. I am under no authority to be able to say we will replace it if it gets another fault within that time frame. No one within our company will provide you with that assurance, as a bunch of different factors could be the result of the fault.

 

Please accept my apologies that I have been unable to comply with your request if you call our team on 0844 561 1234 (local rate) they will be able to advise you of the repair route that you need to take.

 

Kind Regards,

 

Paul

The KNOWHOW Team

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Hi Paul

 

:mad2: This might give you an indication of how I feel right now. I have just spent time and money on a wasted phone call to the number you quoted above. I could not get any reference as to my conversation, just a name, Kyle, who informed me that as this is still in Manufacturer's warranty it cannot be booked in for repair, I have to contact Kodak. When I challenged that statement against your response above stating that because it was in warranty PC World would look to test and repair if possible, on advice from his manager Kyle told me I had to phone th local branch and discuss with them.

 

So what am I supposed to do now apart from another waste of more time, money and effort repeating the whole sorry saga yet again.

 

regards

 

Crofter

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Guest Paul - CurrysPCWorld

Hi Crofter,

 

If you would like to email me at [email protected] and include your full address, date of purchase, store number and receipt details, I will be able to bring up your purchase details and I should be able to advise you the route we need to take to resolve this problem.

 

All the best,

 

Paul

The KNOWHOW Team

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Hi Paul

 

I already did email you at that address - to ask you to reply to this thread! So thank you in that respect, however, I would point out that all the details you have asked for, yet again, were sent to PC World Customer Services ref PCW1499646CR - which by your own admission you found details of on your system.

 

The email to PC World also contained a mobile number, so I guess I will wait, yet again, for you to contact me.

 

regards

 

Crofter

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Guest Paul - CurrysPCWorld

Hi Crofter,

 

The email ref that you have supplied does not have any of your personal details so I will be unable to assist you further until you send me the required info.

 

Kind Regards.

 

Paul

The KNOWHOW Team

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  • 2 months later...

What a shambles. Buy printers more cheaply online from [edit] and use a local techie for servicing. Will save you £'s

Edited by dx100uk
sri - no adverts or links to commercial sites - dx
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please stop just resurecting old threads to take the mick

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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