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#89920 - 6th Dec 2005 7:54pm I AM FURIOUS, and well out of pocket
mp3_85 Offline
Smartchild

Registered: 5th May 2005
Posts: 545
Loc: wirral
went to get my exhaust fitted and lowered suspension today at cybox, took all the gear, spoke to martin, dead helpful. went to pick it up at 5, problem with the suspension, its the wrong one for my car. - how the HELL does that happen, i went through motorworld and asked them nicely to pick me a standard suspension for a 99' galant, not too hard is it? turns out my suspension is useless, and of course i cant return it as it was apparently specially made, (voids returns) and its been a month since i bought it - 2 months since i ordered it. (voids return warranty)

what am i supposed to do?

also i had to pay labour for four hrs work that resulted in nothing as i had supplied cybox with the wrong stuff (not saying i resent paying labour - but i feel aggravated that iv wasted their time for hours, and mine.)

anyone work at motorworld can help me out?

mad mad mad

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#89921 - 6th Dec 2005 7:57pm Re: I AM FURIOUS, and well out of pocket
Gary Offline
Forum Addict

Registered: 22nd Dec 2003
Posts: 1328
Loc: Wirral
meesh does

and its their fault end of mate, as long as you told them the info correctly then they should fully reimburse u

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#89922 - 6th Dec 2005 8:07pm Re: I AM FURIOUS, and well out of pocket
Sanchez Offline

Wiki Veteran

Registered: 17th Dec 2003
Posts: 8019
Loc: my house
go in blazing
_________________________
Uncertainty or not knowing causes depression, Im happy because I know I'm going to die one day!

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#89923 - 6th Dec 2005 8:10pm Re: I AM FURIOUS, and well out of pocket
Cali_16v Offline
Wiki Guide

Registered: 17th May 2004
Posts: 6261
Loc: Birkenhead
Trading standards made, you asked they supplied, and they where wrong.

Go in mention trading standards and also watchdog, they should offer compo and the correct springs at no charge.

god damn motorworld staff. where is meesh when ya wanna kick someone.
_________________________



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#89924 - 6th Dec 2005 8:13pm Re: I AM FURIOUS, and well out of pocket
mp3_85 Offline
Smartchild

Registered: 5th May 2005
Posts: 545
Loc: wirral
but if i say they dont fit, they say they do fit, im gonna stand there argueing all day. i am going in to have a go tomoz no qustion, took a week off work to get all this sorted out but like i say its iether gonna go really well or really badly

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#89925 - 6th Dec 2005 8:16pm Re: I AM FURIOUS, and well out of pocket
Cali_16v Offline
Wiki Guide

Registered: 17th May 2004
Posts: 6261
Loc: Birkenhead
Get a letter from the garage saying they dont fit. then they have no come back.
_________________________



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#89926 - 6th Dec 2005 8:16pm Re: I AM FURIOUS, and well out of pocket
kasterz Offline
Member

Registered: 21st Sep 2005
Posts: 90
Loc: Birkenhead
Sale of Goods Act - mention that, and good luck wink
_________________________
www.kaklub.co.uk

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#89927 - 6th Dec 2005 11:19pm Re: I AM FURIOUS, and well out of pocket
scoop Offline
Wiki Addict

Registered: 18th Nov 2004
Posts: 7238
Loc: Leuchars
Yeah mate.They dont have a leg to stand on.U may even get them to pay for the labour as their **** up cost u money. U werent to know.

See it through.U will get it back,u may have to fight tooth and nail,u may not.Hope its easy
_________________________

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#89928 - 7th Dec 2005 12:20am Re: I AM FURIOUS, and well out of pocket
Paul R Offline
Forum Addict

Registered: 11th Jun 2004
Posts: 1142
Loc: The World
HOPE THIS HELPS

Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts:

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of Sale).

Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

If goods do not conform to contract at the time of Sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

Frequently Asked Questions (FAQs)

Q1. What is an inherent fault?
Q2. Do I only have rights for 30 [or some other number] days after purchase?
Q3. Do all goods have to last six (or five) years?
Q4. I know I can demand my money back within a "reasonable time" but how long is that?
Q5. After the "reasonable time has passed", what can I do?
Q6. Is it true that I have to complain to the manufacturer?
Q7. Do I have to produce a receipt?
Q8. Can I claim a refund on Sale items?
Q9. Must I accept a credit note instead of a refund?
Q10. What can I do to claim damages or if the retailer will not honour my rights?
Q11. The retailer has claimed that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?
Q12. Neither repair nor replacement are possible. What can I do?
Q13. What will the "reversed burden of proof" mean for the consumer


--------------------------------------------------------------------------------

Q1. What is an inherent fault?

A fault present at the time of purchase. Examples are:
an error in design so that a product is manufactured incorrectly
an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of Sale and so the product was not of satisfactory standard.

Q2. Do I only have rights for 30 (or some other figure) days after purchase?

No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.

Q3. Are all goods supposed to last six (or five) years?

No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory.

Q4. I know I can demand my money back within a "reasonable time" but how long is that?

The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

Q5. After the "reasonable time" has passed, what can I do?

You may seek damages, which would be the amount of money necessary to have the goods repaired or replaced. Frequently retailers will themselves offer repair or replacement. But, if you are a consumer (not making the purchase in the course of a business) you have the statutory right to seek a repair or replacement as an alternative to seeking damages.

Q6. Is it true that I have to complain to the manufacturer?

No. You bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent).

Q7. Do I have to produce a receipt to claim my rights?

No. In fact the trader doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc., and this should be sufficient.

Q8. Can I claim a refund on Sale items?

It depends on why you want to return them. The Sale of Goods Act still applies, but you are not entitled to a refund if you were told of the faults before purchase, or if the fault should have been obvious to you. Also, you are not entitled to a refund if you simply change your mind about liking the goods.

Q9. Must I accept a credit note instead of a refund?

It depends on why you want to return the goods.

If you have changed your mind, then the shop doesn't have to do anything.

But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to your local Trading Standards Department.

Q10. What can I do to claim damages or if the retailer will not honour my rights?

The Small Claims Court procedure provides the means to bring a claim, for up to 5000 (in England and Wales), at modest cost and without the need for a solicitor. Your local Citizens Advice Bureau can advise on how to make a claim.

Q11. The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?

Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead.

Q12. Neither repair nor replacement of the goods are possible. What can I do?

You may either pursue the old route of damages or a partial or full refund. Probably either would give you exactly the same amount of money. You would seek a full refund in scenarios such as those where you had enjoyed absolutely no benefit from the goods. If you had benefited from them then you would seek a partial refund as a fair remedy. This is exactly the reasoning that would be employed if you sought damages.

Q13. What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of Sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.


In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.


This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.
_________________________

CORSA C SXI 1.4 TWINPORT
VAUXHALL RISING THE STANDARDS

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#89929 - 7th Dec 2005 9:57am Re: I AM FURIOUS, and well out of pocket
Cali_16v Offline
Wiki Guide

Registered: 17th May 2004
Posts: 6261
Loc: Birkenhead
Now thats ammo. well in paul.
_________________________



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#89930 - 7th Dec 2005 1:06pm Re: I AM FURIOUS, and well out of pocket
Scooby Offline
Forum Veteran

Registered: 9th Nov 2003
Posts: 5327
Loc: Birkenhead, Wirral.
Right, having owned a garage mate this is the script.

Sprayforce : They have done nothing wrong as you supplied the parts. They have attempted to carry out what you asked for, fitting the suspension but were unable to do this through no fault of their own. It sounds like they have only charged you for the time they spent on the job. If they had of supplied the parts then they wouldnt be able to charge you labour as it would have been there suppliers error and upto sprayforce and there supplier to resolve the issue internally without you getting to involved.

Motorworld : They have to at least refund you the money for the parts as they are not as requested, also possibly the labour you have paid out to Sprayforce as if they had of supplied the correct parts then this would not have happened.

Personally i would contact Motorworld head office and take it up with them, you can mention trading standards and watchdog but to be honest throwing names does not carry much weight nowadays. I would approach them with a fair and open mind, if you go in all gun's blasing then they probably wont entertain you at all.

Keep us posted on how you get on matey smack

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#89931 - 7th Dec 2005 2:05pm Re: I AM FURIOUS, and well out of pocket
Cali_16v Offline
Wiki Guide

Registered: 17th May 2004
Posts: 6261
Loc: Birkenhead
Mention watchdog to our place and they throw money at ya.
_________________________



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#89932 - 7th Dec 2005 2:32pm Re: I AM FURIOUS, and well out of pocket
mp3_85 Offline
Smartchild

Registered: 5th May 2005
Posts: 545
Loc: wirral
jus been then., dropped the springs off with the guy on duty, gonna talk to his boss and im off again tomorrow to see what can be done.

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#89933 - 7th Dec 2005 3:43pm Re: I AM FURIOUS, and well out of pocket
Scooby Offline
Forum Veteran

Registered: 9th Nov 2003
Posts: 5327
Loc: Birkenhead, Wirral.
Quote:
Originally posted by Cali 16v:
Mention watchdog to our place and they throw money at ya.
Where do you work, sounds like a great idea think

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#89934 - 7th Dec 2005 4:05pm Re: I AM FURIOUS, and well out of pocket
Paul R Offline
Forum Addict

Registered: 11th Jun 2004
Posts: 1142
Loc: The World
Quote:
Originally posted by Scooby:
Quote:
Originally posted by Cali 16v:
[b] Mention watchdog to our place and they throw money at ya.
Where do you work, sounds like a great idea raftl

Let us know how you get on mate with Motorworld tomorrow think [/b]
RDS Insurance i think he works.
_________________________

CORSA C SXI 1.4 TWINPORT
VAUXHALL RISING THE STANDARDS

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