Warranty repairs/replacement.. help?

[Behemoth]

We're at cross-purposes a bit here, Behemoth. Trading Standards certainly do prosecute traders, but I didn't intend to imply that that would help the consumer. I entirely agree, they don't act on behalf of consumers in the sense of getting money back, or directly enforcing consumer's rights, but where shops have committed offences, TS will deal with them. Note .... offences, not civil disputes.

Generally, if they get reports of certain traders committing some offence, it'll get recorded, but as a one-off, probably nothing much more than that. If TS get a pattern of offences from a retailer, they'll usually fire a warning shot across that retailer's bows, in the form of a letter or perhaps a visit. If they still get reports from consumers, then prosecutions will, evidence-permitting, follow.

It won't get the consumers their money back, but that's not the point. The point is to "encourage" shops from abusing consumer's rights in the first place.

One example that TS follow up on is shops denying that certain consumer rights exist. Another is misleading pricing, or misleading advertising. I've personally known of cases where, when misleading advertising has appeared from a retailer with a history, TS have responded with the reaction of "that's just one time too many", and they prosecuted. And won.


So yes, if you want to enforce consumer rights, then the first step is negotiation with the shop. It helps to know your rights, both what you are entitled to and what you are not. And if all reasonable attempts at dealing with the shop fail, then effectively as a last resort, yes, the only way to enforce it is small claims court. Even then, it may be that winning the case is the easy bit. Getting the judgement acted on may be harder .... and more expensive.

Well yes, I see your point, got the wrong end of the stick me thinks.

[Hicks12]

well a quick update, after many emails and phone calls and them saying a good few times they will call at X time and not actually calling, finally my Dad has been told the replacement has been sent today... hopefully he gets it .

[Behemoth]

Hope its a new one

[Hicks12]

its straight from mobile phone direct so id hope it was!.

[Saracen]

Would it be just too cynical of me to suspect that some shops tell consumers they'll have to deal with the manufacturer on the basis that some percentage will, and that you only get them to step up to the plate if you make enough of a fuss? As the old saying goes .... it's the squeaky wheel that gets oiled.

[finlay666]

Would it be just too cynical of me to suspect that some shops tell consumers they'll have to deal with the manufacturer on the basis that some percentage will, and that you only get them to step up to the plate if you make enough of a fuss? As the old saying goes .... it's the squeaky wheel that gets oiled.

I'm aware you do have it with the business you bought it from, in some cases it's just far quicker and easier to go direct to the manufacturer for saving the grief, Samsung hard drives and Hyundai monitors are 2 I'd go direct (Hyundai especially as I bought it from OCUK lol)

[Saracen]

I'm aware you do have it with the business you bought it from, in some cases it's just far quicker and easier to go direct to the manufacturer for saving the grief, Samsung hard drives and Hyundai monitors are 2 I'd go direct (Hyundai especially as I bought it from OCUK lol)

Oh absolutely. I utterly agree, and it's a point I've made myself in the past.

But it's one thing a shop saying "you might be best advised to deal direct with the manufacturer because it'll probably be quicker, but we can handle it for you if you wish", and them washing their hands of it and pretending they don't have a liability at all, when they do.

I remember a friend of mine having any expensive coat ruined by a dry-cleaner (the buttons melted ). When she complained and asked for compensation, they dismissively pointed to a notice saying the weren't liable for damage.

Mistake.

She handed them her business card (she's a barrister), and pointed out that :-

- first, they DO have a liability, and
- second, any such notice restricting statutory consumer rights is unenforceable, and
- third, it's also a criminal offence punishable by a fine of up to £5000 to display such a notice.

She then headed for the door, saying "see you in court".

She got her compensation.

I've had shops tell me that I don't have rights I do have, and that I know that I do, right down the paragraph numbers in the relevant Act. And it's nothing to do with Googling for posts on here, because it WAY pre-dates that. It about cramming for law exams, and some stuff sticking. Fortunately, it's getting rarer and rarer (at least in my experience) and sometimes, I believe it's ignorance on the part of shop staff rather than anything more sinister, but I've also come across examples when I am convinced it was policy, though it may well be local, unofficial policy.

I'm also aware of occasions where, let's just say some household names, have been told, again and again, by Trading Standards, that certain actions are unacceptable and illegal, and yet it continues. Sometimes it continues even after prosecutions. And given that, I've got to wonder if it's a case of the gains made by fobbing people off are such that it's worth getting the occasional snottygram from TS, and maybe even paying the occasional fine.

[Hicks12]

well the replacement arrive next day and seems to not be creaking however it does have a little play in the bottom right (clearly a design flaw on the sensation... but my dad doesnt mind as its little now not a huge amount). Once the arrangement got done it seems they are pretty decent, as said the phone arrived next day and was a brand new one, a prepaid return packet was provided so thats always a nice touch instead of having to wait for them to "compensate" the postage. He also got to compare the phones, they didnt say this but as it arrived so quickly he was able to check before sending it off... again another great thing as most places will require you to send it back first.

So yes, mobile phones direct will fob you off but once they get past that they are fairly good. Must ask a quick question, is the first year with the retailer then for phones just like say scan are for components you bought?