Misleading Information

[Night Owl]

I recently purchased a product (from a well known Store).

Not in the catalogue so researched and chose online from their website. Put into shopping list, printed and brought into store. Made my purchase.

 

On putting the product together an important item was missing.

 

Told that the sale is different online than in store!! The missing item should have been collected and paid for separately with the rest of the product.

I had to return to the store to pay for the missing item that I initially was not aware that I needed!

 

If you buy a product surely it is a complete price for a complete product?

 

Awaiting an appointment with the Branch Manager to take up this issue.

[renegadeimp]

Unless it is specifically stated that another item is needed and it will incur a secondary cost, then it is missold and possibly unlawful advertising.

[fkofilee]

Agree

 

which store is it concerning and what was the product.

 

"catalogue " sounds like Argos

[rebel11]

Argos advertise branded product, then substitute for cheaper generic products, they some how think that's o.k. and the consumer won't mind. A fruitless enterprise.

 

Once you have your meeting with the Store Manager and if your not happy, contact CAB, who will pass it onto Trading Standards. It would effect a lot of consumers.

[unclebulgaria67]

Depends on the nature of the product. The details provided are very cryptic. As has been said, it depends on the original advert and what was included in the price you were paying.

[renegadeimp]

its the same thing when you buy a remote control or toy. it must state if batteries are included or not

[Night Owl]

Wow!! just popped in. Thanks for the replies folks.

Right some further info.

The company is Ikea.

 

The bed I bought was not available to order online from their website. I could however save it to the Shopping list and print off the details of which isle and shelf to collect it from.

It was advertised as 2 packages. Clearly stating on the website details that the slats where sold separately - that was all.

 

When putting the bed together the piece missing was the midbeam! Major piece of metalwork that holds the slats and mattress up!!

 

I have previously ordered 3 beds from Ikea over the last 10 years and have never had anything missing.

 

What hacked me off was that I then had to go back to the store to collect AND PAY FOR!! the missing midbeam which I was told I should have collected when collecting the bed!!!!

There was nothing about it on the shopping list I had printed from the website and nobody at the tills said that something was missing when I paid for it all.

[Night Owl]

Ok, update, tried contacting Ikea by phone - nobody answered after 10 minutes so hung up. E-mailed Ikea through their website - response within 11 days - TIME UP IKEA - no response whatsoever!! Written to their Head Office enclosing the confusing message Ikea left me on my answer machine!

[renegadeimp]

Send them a letter by recorded delivery to their head office.

[Night Owl]

Job done!

[Night Owl]

Poked Ikea with another large stick and sent recorded delivery. Proof of delivery 31/01/14.

Still no contact whatsoever, no acknowledgement.

How long should I leave it and should I take this to Trading Standards? or who?

[rebel11]

Hi Night Owl

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do, give them a reasonable deadline.

 

Send it to:-

 

IKEA UK

Ms Gillian Drakeford

Country Manager

[email protected]

[Night Owl]

Thanks Rebel, will do.I just want them to refund the £15 I had to pay extra for an important missing part of a bed that I purchased and that I had to make a second trip to collect, so money for travelling and inconvenience.It's unfair to purchase a bed at the advertised price then find a vital part missing and be told to pay extra for it!Never mind the fact that I have made every effort to meet with a Branch Manager, e-mailed, sent letters and have had nothing in return apart from a very confusing answer phone message which I have sent Ikea a transcript of. I have played it to several people and they can't make sense of the explanation from Ikea either!Also e-mailed Citizens Advice end of last week.My feathers are truly ruffled!!

[rebel11]

Hi Night Owl

 

Stick to your guns, doesn't matter what value.

[Night Owl]

Update.

This morning I sent an e-mail to Gillian Drakeford, headed Formal Letter Of Complaint.

 

Also just received a reply from the Citizens Advice.

 

"Based on the information you have provided the key legal points in response to your enquiry are as follows:

There are two areas of law which govern the UK. There is criminal law and civil law. Criminal law is the area of law that determines actions which are harmful to people and their property. It often carries fixed penalties as a means of punishing people for their wrongdoing and is enforced by bodies such as Trading Standards and the Police.

Therefore, as the trader's actions could be considered a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008, the information you have provided will be passed to ****** Trading Standards for further consideration. The case details will also be placed on a central data base that can be accessed by all the other Trading Standards throughout the UK.

Although we work closely with Trading Standards, we are a separate organisation. As such, we pass complaints of this nature to Trading Standards for them to evaluate whether or not action can or should be taken. Individual complaints do not necessarily lead to immediate enforcement action as sometimes a number of complaints are needed to take effective action. The information is, however, valuable intelligence allowing Trading Standards to properly prioritize their activities.

UK civil law defines a representation as 'a statement of fact, made during pre-contractual negotiations; as an inducement to enter into a contract'. As such, if a purchaser discovers that such a statement of fact is false, they could claim the seller has misrepresented the product and hold the seller in breach of contract. This could allow the purchaser to seek damages or rescission (be placed back into their pre-contractual status) or an indemnity for any expenses.

Therefore if you can provide reasonable argument that the trader disclosed false information that persuaded you into purchasing that bed from that specific trader, you could look to hold the trader in breach of contract and pursue them for a suitable form of redress.

What you may seek is dependent on the severity of the breach. To clarify, if the breach is serious, you may seek to end the contract and claim a full refund of any monies already paid; whereas if the breach is minor, it may be more appropriate to claim a partial refund that reflects the nature of the problem.

Any other costs you incur as a direct result of the breach of contract are known as ‘consequential losses’ and you may ask to be reimbursed for these costs. It is important that you take all reasonable steps to keep such costs to a minimum, and you may need to provide some evidence of what the losses are and why you believe the trader is responsible.

Please note that the trader would not be obliged to place you in a position of betterment. To clarify, the trader is not expected to put you in a more advantageous position than you would have been in had the information supplied by the trader been accurate.

Although it is rarely necessary, it is important to remember that, if the trader refutes your claims and refuses to offer any redress; as the claimant you may need to consider taking further civil action through the civil courts. Ultimately only a court can decide what, if anything you are entitled to and order the trader to provide that redress. From 01/04/2013 the Small Claims track allows any claimant to make a civil claim of £10,000 or less against any defendant for a nominal fee (starting at approx £30). There is no need to employ a solicitor, and the court protocols are fairly easy to follow – see https://www.moneyclaim.gov.uk/web/mcol/welcome for further information.(If the link does not work, please copy and paste it into your browser address bar.)

A civil court would expect any claimant to be able to justify and mitigate (make less severe) their claim and also demonstrate taking civil court action was the last course of action available to them in order to settle their civil dispute once and for all.

Therefore you should consider sending the trader a recorded delivery letter, outlining everything to date, and giving a deadline to resolve the matter within a set period of time (e.g. 14 days). Make it very clear what you expect from the trader, and what steps you will consider taking should they fail to comply with your request. It is also worth retaining copies of everything sent, for your records.

Sending letters by recorded delivery will allow you to track the letter using the ‘Recorded Signed For’ label the post office supply you with; to make sure the trader receives the letter. Subsequently, the trader would be unable to claim that you have never made them aware of your intentions should they fail to comply with your request."

 

[Night Owl]

result!!

 

 

[Night Owl]

Over the last couple of days I have had lots of communication from Ikea!!

 

They have apologised for the poor Customer Service and the lack of communication to my e-mails and letters - the most important result.

They have also refunded the £15 for the Mid-beam and the £25 for the delivery charge.

They have also sent a gift card as a gesture of goodwill for £50.

 

Good result me thinks.

Many thanks to all who helped x

 

Smoothing down the ruffled feathers now.

[rebel11]

Well Done, Night Owl. Owl, feathers all makes sense.