PC World - Are there being legal?

[Parva]

I see this retailerPOV has hit a nerve with alot of you, maybe its my querky way of looking at things but he has some points.

No, you don't have any valid points ROPV.

 

Incidentally, you seem so intent on getting people to go through the manufacturer that I'm beginning to think that you really do run some kind of shop. I'm suspecting that you met a customer who did know his / her rights and successfully won a case against you. It's either that or you're just here to troll but I rather suspect my first assumption is correct and you're bitter about it.

[Parva]

Everyone who retailPOV p155ed off knows there legal rights but they seem to want to avoid repairs, in favour of court cases.

 

i just wonder why??

 

why prefer court cases??

Ok, I've bitten. Nobody wants a court case, we just want goods that work. Phoning the manufacturer is not the best idea and why you think it's free to do so I don't know. The consumer has every right to return it to the store where purchased regardless of whether they have people available to fix it or not. The contract is with the store, not the manufacturer. Now please stop spouting crap. It's been done to death and I only reply to inform newer members of your idiotic mentallity of which most are already aware.

 

Oh btw, the disguise is terrible.

[demon_x_slash]

Don't bite, the disguise is terrible. It's a wonky moustache, a pair of Timmy Mallett glasses and a bulky anorak, it's that bad.

 

I think we should design a logo to warn users not to listen.

 

[Darren]

Everyone who retailPOV p155ed off knows there legal rights but they seem to want to avoid repairs, in favour of court cases.

 

I have a file an inch thick, contains a list of 22 phone calls and 14 letters, I'm sorry if you think I didn't try hard enough to get it fixed and rushed into court

 

darren nice that your scanner is not satisfactory quality to actually read it.

Nothing wrong with scanner, if you look at the heading you will see that this is a fax from the court 9 years ago, what you see on the screen is as clear as the document I hold.

 

 

From reading what i can you won the claim not because you had to make a phone call but because you had to do some running around delivering it or something i think. i beleive i can read the words "i had to take the TV to his warehouse.

 

The judge didn't agree. His solicitor pointed out that the wharehouse was closer to where I lived than the shop. Judge 'said thats not the point' He clearly pointed out that arranging for the repair was the retailers responsibilty

 

Whilst summing up, the Judge advised the solicitor to 'study up on consumer law' before she appeared in court again. This is advice I suggest you take before posting on hear again.

[gyzmo]

It's my fault. I asked the question of where RPOV was. Lo and behold, a day or two later he is reincarnated, and back with a vengeance to confuse and befuddle those in need.

 

Sorry to be so self centered, but my apologise for the inadvertant resurrection of this uninformed idiot.

[demon_x_slash]

You just had to cast the juju, didn't you? Now we're going to have to salt and burn him to get rid of him for good...

[patdavies]

It's my fault. I asked the question of where RPOV was. Lo and behold, a day or two later he is reincarnated, and back with a vengeance to confuse and befuddle those in need.

 

Sorry to be so self centered, but my apologise for the inadvertant resurrection of this uninformed idiot.

 

/delivers virtual slapping/:p

[Guest samantha2007]

Already covered this. Legislation REQUIRES compliance. Never mind what HO says - it is irrelevant and subservant to the law.

 

why say irrelevent. the head office are the seller so if the seller says this is the way to repair it not that way. then it is relevent. as long as it gets repaired

 

And this is relevant why? Have the not heard of Royal Mail? Courier? If they don't have the means to arrange rectification, then that is the store's fault.

 

 

 

But getting a third party who is adequately qualified is acceptable. Again, already covered and completely ignored.

 

oh i like this point. so third parties are now ok?? i have read many posts from you gizmo telling people to ignore people ebcause they tell them to use guarantees. you then coment to say no shop or sue. can you please read above. your words ill make it bold for you.

 

 

instead of everyone arguing with each other in a testosterone match can someone write a simple guide to which third parties are ok and legal. which arnt. we all know retailers are slow and involved wasted petrol etc but if people just want it fixed can someone write a guide to who they can go to like manufacturers or third parties as many dont knwo much about law so they dont want to go the legal route they just want there stuff fixed.

 

yes add in the bit about if the store dont reimburse third party costs then sue.. but as a final statement not the only statement

 

gizmo, you got too much testosterone you are not always giving the same information as the rest so give it a break hope my emboldened quote from you proves that your FACTS change everyday like the rest.

[demon_x_slash]

We are not arguing. If you look at RPOV/DGISST's previous posts you would know that everyone has corrected him/her time and time again, on almost the same points of SoGA every time, and it's just got to the point where all people can do is advise others not to listen to him/her.

 

The correct remedy is to go to the store or company where you purchased the item as the first point of call. The company, or the store (as a representative of the company) have a responsibility to repair the item if it is down to anything other than customer misuse/wear and tear. The store/company can arrange the repair with whoever they want - for your purposes, however, in law, the company/store is responsible/answerable to you. The store/company cannot just give you the phone/address of a third party repairer and tell you to get lost, as many try to do. If the repair fails, or is unsatisfactory, then the option of a refund or replacement is next, and the seller (company/store) decides which it should be.

 

If the company/store is not playing ball, the customer needs to get an independent report stating the reason for the fault. This is the proof needed to start an action in the Small Claims for your repair/refund/replacement. The SCC is the last resort, only to be used if the store/company is refusing to carry out its duties under the Act (another point that DGISST seems to miss ).

[reidnet]

Well put Demon...

[Guest samantha2007]

ok so your talking about soga and only soga again.

 

for those of us who dont know about soga.

 

is it illegal to use manufacturers guarantee or to take my toaster to reputable repairer down the road instead of the original shop 40 miles away

[Darren]

It's my fault. I asked the question of where RPOV was. Lo and behold, a day or two later he is reincarnated, and back with a vengeance .

 

and a sex change, now we know why the 3 week break

 

ok so your talking about soga and only soga again.

 

for those of us who dont know about soga.

 

search this site, all info is here if you look

 

is it illegal to use manufacturers guarantee or to take my toaster to reputable repairer down the road instead of the original shop 40 miles away

 

Why would you drive 40 miles to buy a toaster?

[demon_x_slash]

No, it's not illegal to use the guarantee as a remedy, or to use a third party unrelated to the original seller to get things fixed. But if you use the third party, you will have to pay for it. For inspection and repair. The original seller is bound to do this for you for free under SoGA if the fault is not down to misuse/wear and tear. It's all very well writing off the loss of a £15 toaster; when you're talking about items that you have spent a good deal of money on, such as a washing machine, fridge/freezer, computer, pushchair, you'll be less likely to want to have to pay for a repair when the original seller is liable under the Act to do it for you at no extra charge. That 'no extra charge' includes guarantees, btw - a guarantee is in effect an extraneous charge for a service that you are already guaranteed under law.

[Guest samantha2007]

ok darren apart from showing your testosterone tell me one thing you have done to help others.

 

ever heard of moving house. or buying a toaster out on a day trip.

 

or even buying it over the phone.

 

sorry but i beleive the testosterone has got to your head and limited some brain cell functions.

 

thanks demon i beleive that you are a genuinely helpful person actually informing people instead of showing your testosterone.

 

i know i have been asking many questions but i dont like wasting my time going to court even if it a toaster or a £1000 tv id rather knwo there are more then one way to get it fixed.

 

last question hopefully. thanks for clearing up the manufacturer bit

 

if a retailer said they will deal with it but it will take a month and another repairer said they can repair it that day for £15 can i use SOGA to get reimbursed the £15 or do i have to go through the retailer.

 

what i mean is do i have to tell the retailer that i am going else where first or have to ask them which repairers they suggest for a speedier repair or neither and stuck with retailer only. (or manufacturer if it less then a year)

[demon_x_slash]

You will find it very very difficult, if not impossible, to get the original seller to reimburse you for going to a third party in the first instance; the reason for this is that firstly the original seller will want to establish the cause of the fault, and will, naturally, want to use their in-house engineers; and secondly, once the cause of the fault has been established, the original seller (OS) must be given the opportunity to remedy it, either through the aforementioned repair, replace or refund. Again, this comes under SoGA; if the retailer refuses to reimburse you for a third party repair and you take them to court in order to get your money, the judge will most probably throw it out because the OS wasn't given the chance to correct it in the first place.

 

The time for going to a third party is if the OS has either tried to repair the fault and the repair has (usually repeatedly, and so you have 'lost faith') failed, or point blank refused (preferably in writing so that you can demonstrate your diligence) to offer you a remedy under SoGA full stop. Then you would have to obtain a third party inspection report that proves the cause of the fault to be anything other than misuse/wear and tear, send the OS the quote(s - some would recommend getting three quotes and then picking the middle one) for the remedy, and then proceed with the remedy. Then you would be able to take the OS to Small Claims for reimbursement.

 

The Small Claims Court is really not a waste of time, and is not like a Criminal Court or High Court etc. - it's simply an arena for the average person like you or me to voice their belief that they have been wronged by another, and ask for mediation in that matter. Hope that's cleared a few things up.

[Parva]

Don't waste your time Demon, it's RPOV and his sick sense of humour.

[demon_x_slash]

I did know that - but there's no harm in setting things out for everyone else

[Guest samantha2007]

yes parva keep saying dont waste your time

 

lets all forget about helping out people and simply insult each other instead.

 

i think you gizmo and darren all prefer a slagging match then giving advice.

 

thanks again demon. atleast there someone that sees the true reason for the website.

 

so to put it simple under first year you can do this

 

use manufacturers gurantee

or

use retailer

 

if you choose retailer. they cannot push you away or ask you to run round like a blue ass fly.

 

well my toaster is over a year and it aint worth going to small claims over, just wait till i go back to the shop i guess. hope they dont blame the breadcrumbs for the fault

[dave]

Ok, I think this needs to calm down.

 

This site is about asserting and reclaiming the rights that have long been forgotten.

 

Let's be mindfull of each others point of view.

 

Personally, I prefer the court route, simply because they are not expecting people to stand up for their rights.

 

However, let's agree to disagree.

 

;-)

[Parva]

yes parva keep saying dont waste your time

Why do you keep re-incarnating yourself then? I would call that a waste of time. Everything you need to know has been spelled out to you ad-nauseum and still you keep returning under new personas.

 

Consumers rights has been beaten to death here thanks to your misguided views though I expect this won't be the last we hear.

 

Edit: Missed these points!

 

"lets all forget about helping out people and simply insult each other instead."

Where did I insult you other than suggest that you are RPOV? Are you ashamed of one of your alter-ego's now?

 

"i think you gizmo and darren all prefer a slagging match then giving advice."

I think you prefer to cast your fishing line and hook one. Well done on that one.

 

You have had everything spelled out to you dozens of times, you have even spouted your claptrap about phoning Head Office etc. You know damned well what the procedure is but you constantly spout rubbish and create new accounts to further that. Now you are purporting to be a new female member trying to clarify the SOGA.

 

This isn't about insults, it's about your determination to have people believe that they can't simply return their goods to the store where bought within the 12 month guarentee period. Why you are so determined to insist that the customer phones Head Office or the manufacturer direct remains to be seen but I'm sure you can create another new persona if we're getting close to the truth.

[Parva]

Ok, I think this needs to calm down.

Personally, I prefer the court route, simply because they are not expecting people to stand up for their rights.

;-)

Well done, that gives RPOV another 50 miles to troll his crap.

[gyzmo]

 

i think you gizmo and darren all prefer a slagging match then giving advice.

 

 

As opposed to simply misinforming people tro their detriment as you have done under various guises?

 

Yet again you fail to read and understand the posts. "slagging matches" as you put it are merely exchanges of information between people. One person says something, another disagrees and so on. It is usually becasue someone has posted incorrect information (like you), and someone else, like me and others, feel it necessary to correct the misinformation so that others are not mislead.

 

Unfortunately, it seems that you are a serial misinformer. I do not want to be spending my time here correcting your gibberish. I can see that a mod has stepped in asking for calm. Quite right. I am angry though that youcontinue to plague this site with your inaccurate, ill-informed posts time and time again and will not simply listen to others who are trying to do some good here (and know a lot more than you in the area).

 

Please, for the love of God and in the interests of people, GO AWAY.

[Darren]

i think you gizmo and darren all prefer a slagging match then giving advice

 

Glad your not joining in then

 

sorry but i beleive the testosterone has got to your head and limited some brain cell functions.

 

oops

[demon_x_slash]

so to put it simple under first year you can do this

 

use manufacturers gurantee

or

use retailer

 

Pretty much. As said before though, if the item needs replacing, and not just a repair, if you do it under the manufacturer's guarantee then the OS's responsibilities under the SoGA are curtailed, as you effectively have a brand new product. If that new product subsequently goes wrong, you can't go back to the OS for remedy, as they didn't supply you with it. That's why it's always best for your consumer rights to go to the OS as a first point of call.

 

if you choose retailer. they cannot push you away or ask you to run round like a blue ass fly.

Yes, and that includes giving you, the consumer, the number/address/whatever of a third party and telling you to go to them. It's their duty under SoGA to arrange everything, as they still have the responsibility to ensure the product they sold to you was fit for purpose/of good quality.

 

well my toaster is over a year and it aint worth going to small claims over

 

Ah, but that also depends on SoGA, the 'test of reasonableness'. If your toaster was a £10 one from Tesco and it died after a year, then that's fair enough, as you wouldn't expect a £10 toaster to last all that long. If, however, you bought a £300 industrial multi-toast and crumpet maker from Harrods, and it died after a year, you would certainly have a valid claim, as the amount paid and advertised durability would lead you to expect it to last longer than the Tesco one.

[Guest samantha2007]

ok parva, gizmo, darren remember to offer advice not insults

 

i asked a question and demon gave me an answer.

 

thanks demon. im afraid it not a £300 crumplet maker.

 

ill take to back to the shop next week and leave it with them. if they blame the breadcrumbs ill simply ask them under the new waste electrical recycling thing for them to recycle it saving me a return trip.

 

listen to demon he is great. but watch what you say to parva darren and gizmo as they just like boosting their ego. and if it does not involve the words i want to sue help they will insult and accuse

 

demon keep it up. who is the moderator as i want them to make demon a star user or moderator or whatever this forum does to promote great users and to keep this website on track.

 

note to darren parva and gizmo

 

yes there is a legal route but there are other routes. not everyone wants to be pushed into a courtroom. but they dont want to go elsewhere if it leaves them with no legal rights.

 

be like demon offering other solutions but show the pros and cons. stop just limiting choices.

 

and stop insulting people.

 

freedom of speach and all that.