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    • Sorry to pile more of the brown stuff onto your head – but I think that this speaks volumes. You are not an "ex customer" of Currys. To suggest that you are is effectively accepting that Currys' responsibilities to you ended the moment that they took your money and you walked away with the cooker. Currys' responsibilities are ongoing for the reasonably expected lifespan of the item which you bought and this means that you continue to be their customer for at least that period of time.   If you can start to adopt this mindset, you will start to find yourself pointing in the right direction. We will help to keep you focused
    • 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.        
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    • 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
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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
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XEROX printer failed, just over 1 year old - help needed


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Hi all, I bought a XEROX COLORQUBE 8570 solid-ink printer in January 2012, from a large online store. I phoned the order in, as I was originally going to buy an Epson inkjet, & was "pitched" this printer as the next big thing - the supposed cost-saving on solid ink swung it. I registered it with XEROX immediately.

 

In April it went faulty, XEROX sent an engineer round, who stripped the thing down & reset some gears on the side of it. I wasn't happy that it had fallen over so soon, & the engineer mentioned "these models are quite "temperamental", & he had plenty of calls to them.

 

A few days ago it developed another fault, I called XEROX & surprise surprise - Because the warranty is out, it would be another callout at £305 INITIALLY, plus the repair bill. The Printer cost £400- new, & has done VERY LITTLE work, maybe 300 pages. I can prove this from the page count. ( it is STILL on the initial inks that came with it new).

 

I refused this, & contacted the retailer. They initially tried to fob me off, I stayed calm & informed them I would be taking this to the small claims court if necessary, as this printer isn't fit for purpose, in my opinion. I said I'd write an email to the manager, stating all of this.

 

Pls let me know where I stand on this, I want rid of this thing now & all/some of my money back. I wonder if the engineers' comments would constitute an "inherent fault", I would settle for the cost of the unit in a credit note to get the Epson I originally was after, I am willing to fight this one in the court if necessary.

 

Also, I understood from another thread, that under EU Law (hooray) I am entitled to 2 years on this electrical item, & that this law supercedes the contract of sale?

 

Any help much appreciated

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Soga

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I've read through the Act, what I'm unsure of is whether I can force the retailer to accept this printer back, it is not up to it, but they're hiding behind the expired 1 year warranty - I don't want to go in "guns blazing" if I can't back it up. Can anybody give me a brief overview of what I can demand here?

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Read soga again. It doesnt state a specific time period, but says somethign along the lines of reasonable time. This is normally taken to be a couple of years.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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