Advice please on faulty goods and getting my money back!...

[donnaraz 10]

Hi everyone. I'd love it if anyone here can give me a bit of extra info to help me argue my case. I bought a whistling kettle, one of those retro pink ones, and after only having it six weeks the pink enamel has been burnt off in places by the heat from the gas hob. Took it back to the shop and the mamager refused a refund because she said it was my fault and that it would obviusly burn the enamel if it was exposed to that level of heat and that I shouldn't use the other rings when boiling it. This sounds absolutely crazy to me. Anyway I contacted the regional manager who agrees with her saying "the kettle is not designed to have that level of heat on" but also confirms there were no care instructions as the use of the kettle is "self-explanatory". Before i respond to his email I would some more advice if you guys can help.

[Binkster 10]

Basically the shop doesn't have a leg to stand on. As you were only using this in a reasonable environment and there was no warning on the packaging you are entitled to a refund. The shop will argue it's case but if this went to court you would win.

 

Tell them you are going to contact the star consumer desk - the bad publicity will usually scare them into action. If it doesn't then contact the start who will publish your case and secure a replacement for you.

 

I work as a buyer so know the above to be true having done years of studying purchasing law.

[Cuey 10]

Its not fit for the purpose it was designed for. You are entitled to a refund. I quick call to trading Sheffield standard and they'll confirm this. If you then call the company and tell them you have taken advice fro Trading Standards and they change it so quick you'll be amazed.

[Wizzzard 10]

As Above, except that I would ask for suitable compensation for the time you have had to spend arguing your case with the shop when it was their mistake in the first place.

[yorkiepudd 10]

And under the revised laws introduced over the last year or two, for the 1st six months the onus is on the retailer to prove that the item is not faulty, or was not faulty at the time of purchase - not your job to prove it, theirs.

 

However, they are entitled to send the item back to the manufacturer for examination should they wish.

 

Another misconception is that you are entitled to a full refund - this is not true where you are deemed to have had some use ( or 'benefit' to give the proper term) out of the goods.

[dvdmemories 10]

I would tell them that you are going to take it further by contacting citizens advice- that will probably lead them to back down. A friend of mine had trouble returning a faulty camera to Argos, she mentioned citizens advice and a day later she was back in the shop, getting her refund!

[sTaGeWaLkEr 10]

Firstly, you are totally protected under the law, so don't worry.

 

Explain that you are choosing to ignore their company policy and that you wish to exercise your rights under the Sales of goods act. You are entitled to a refund or an exchange (at your discretion) and you are choosing a replacement/refund/delete as appropriate...

 

If you continue to have a problem, come back to me.....I'd love to help out.

 

Retailers like this need to understand the law of the land before making customers feel stupid/disempowered.

 

Stagey x

[markwit 10]

Retailers like this need to understand the law of the land before making customers feel stupid/disempowered.

 

Stagey x

 

But the retailers do know the law. They are just relying on the fact that most customers probably wouldn't do anything about it.

 

I think donnaraz should name and shame!

[wendygs 10]

Its not fit for the purpose it was designed for. You are entitled to a refund. I quick call to trading Sheffield standard and they'll confirm this. If you then call the company and tell them you have taken advice fro Trading Standards and they change it so quick you'll be amazed.

 

 

It may be ONE quick call to Trading Standards, BUT how long will it take to get that ONE quick call through always assuming it still exists after the doubling of their misappropriated £7million of public funds.

[markwit 10]

It may be ONE quick call to Trading Standards, BUT how long will it take to get that ONE quick call through always assuming it still exists after the doubling of their misappropriated £7million of public funds.

 

That was South Yorkshire Trading Standards, not Sheffield.

[Zebra 10]

Another clever trick is to keep repeating yourself. People look at you like you're nuts but it works.

You might like to remind them that ''the customer is (allegedly) always right''.

Ask them about their customer care service, or lack of. Point out that you are not blaming them personally but that they are stocking an item below standard and it is their job to take it up with the supplier.

Use firm and expectant language, avoid saying 'I think', 'I wish' 'I don't think' etc, try saying 'I expect', 'I know', 'I am certain'.

And if all else fails, read How To Complain by Mel Stein, genius!

 

My reply would be along these lines.

 

Dear ............

I spoke/emailed/contacted you recently regarding a kettle which I purchased from you on (date) and I am not currently satisfied that my needs have been sufficiently addressed.

I bought a kettle .....(tell the full story here).

I would like to remind you that you said...... (yadda yadda blah blah in as accurately as possible.) And that my reply was (yadda yadda) and I find your response unsatisfactory.

As the item I bought was suited for hob top use I expected to be able to use it as such and without damage to the item. There were no instructions about not using the kettle whilst using the other rings. As this item is *not fit for the purpose it was bought for* (see and quote relevent section of Trade descriptions act etc etc) I feel certain that you will want to participate in reasonable customer care and fair trading by refunding this item in full and will suitable compensation for my excess time in dealing with this matter repeatedly.

Please note that I have copied this letter to:

Trading Standards

Sheffield Star newdesk

The Chat/Take A Break magazine consumer wars page

(plus any other groups you feel appropriate)

I will seek to further this situation if your response is still found to be inappropriate.

I look forward to hearing from you by return of post.

Yours faithfully

 

And let us know how it goes.

[matsalleh 10]

Read this,it is meant for business but states what a customers rights are.

http://www.businesslink.gov.uk/bdotg/action/detail?r.l3=1074034195&r.l2=1074400662&r.l1=1073861169&r.s=sc&type=RESOURCES&itemId=1073792594

If you walk in and give the impression you know what you are talking aboout and are polite but firm,you will get what you want, ie a full refund or replacement.

It worked for me with a £600 camera.

This is the relevent bit- Sale and Supply of Goods to Consumers Regulations 2002.