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Author Consumer Rights (Automotive)
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 08:17   View Garage View User's Profile U2U Member Reply With Quote

I have bought something, its a MAF sensor, when I got it the car reacted very badly to it, stuttering through the revs, and even conked out a few times, i took some logs and the readings were erratic, so i emailed them saying can i return it for a refund.

They said they will be happy to replace it, but they dont do refunds. So I said OK il have a replacement but if this one is the same then I want a refund.

I believe its down to the cheapness of the components as its not a Bosch item.

Even if they have in there small print on the ad, we do not accept refunds, or we dont do refunds on special order parts, surely if they are supplying something that faulty or not fit for the purpose this statement cant mean they can get out of refunding the customer, surely this is a statutory right?
ed
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Registered: 10th Sep 03
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25th May 06 at 08:38   View User's Profile U2U Member Reply With Quote

You have to give them a chance to fix the problem, i.e. give you a new one. If after that you are still unsatisfied then you should be able to get a refund.
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 08:39   View Garage View User's Profile U2U Member Reply With Quote

thats what i thought
Marc
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Registered: 11th Aug 02
Location: York
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25th May 06 at 08:43   View User's Profile U2U Member Reply With Quote

As Ed says Schteven.
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
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25th May 06 at 08:44   View User's Profile U2U Member Reply With Quote

managers descretion will come into it as well, just ask to speak to him/her first

Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 08:47   View Garage View User's Profile U2U Member Reply With Quote

i wouldnt have thought discretion would be a part at all, if they supply something that doesnt work and neither does the replacement i would have thought i would be legally entitled to a refund
Marc
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Registered: 11th Aug 02
Location: York
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25th May 06 at 08:48   View User's Profile U2U Member Reply With Quote

Right, so you've given them a chance to replace it, and it still doesn't work. I'm pretty sure you can demand a refund now.
ed
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Registered: 10th Sep 03
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25th May 06 at 08:49   View User's Profile U2U Member Reply With Quote

The manager has no discration what's law is law when something is faulty. If you are returning something because you don't like it the manager can choose what action to take...
Mark Petty
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Registered: 26th Jul 01
Location: Bournemouth Drives: Suzuki gsf600
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25th May 06 at 08:50   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Steve
i wouldnt have thought discretion would be a part at all, if they supply something that doesnt work and neither does the replacement i would have thought i would be legally entitled to a refund


I reckon you are, if it doesn't work.
But as someone else mentioned they have to have a chance of rectifying the problem.

Was it expensive?
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
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25th May 06 at 08:52   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by ed
The manager has no discration what's law is law when something is faulty. If you are returning something because you don't like it the manager can choose what action to take...


You'll find they can choose what is returned or not for whatever reason. At the end of the day they have a responsibility for keeping customers happy, i used to be one so i should know. There will be rules/law, but in terms of Steve asking for a refund they will probably have to replace it first, but the manager should have the power to just refund without doing that.

Hence why i said speak to the manager.
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 08:54   View Garage View User's Profile U2U Member Reply With Quote

oh i see so your saying they could refund straight away, but you do agree that if the replacement doesnt work they are bound by law to giuve refund yea?
3CorsaMeal
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Registered: 11th Apr 02
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25th May 06 at 08:58   View User's Profile U2U Member Reply With Quote

your gonna ruin that car

Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
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25th May 06 at 09:01   View User's Profile U2U Member Reply With Quote

Yes steve, the worst he can say is you have to have a replacement. If the same thing happens again he'll be obliged to refund you if you can prove its faulty. But if hes a half decent guy and the company policy isnt gay then hell just refund you anyway.

You should of said u bought the wrong one and found it cheaper somewhere else
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 09:44   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by 3CorsaMeal
your gonna ruin that car




why I have a spanking new bosch unit in there from vw anyway
Marc
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Registered: 11th Aug 02
Location: York
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25th May 06 at 09:45   View User's Profile U2U Member Reply With Quote

Did you buy a replacement from VW and just want to return the old one then Sctheven?
abdus
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Registered: 23rd Feb 06
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25th May 06 at 09:46   View User's Profile U2U Member Reply With Quote

phone customer services if they have one....you might end up with a refund and some vouchers to spend later
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 10:03   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Marc
Did you buy a replacement from VW and just want to return the old one then Sctheven?


no it really didnt work i have logs to prove thisd
Marc
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Registered: 11th Aug 02
Location: York
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25th May 06 at 10:07   View User's Profile U2U Member Reply With Quote

No I mean, you've now replaced with a VW one. Hence why you now want a refund and not a replacement.
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 10:20   View Garage View User's Profile U2U Member Reply With Quote

ah yes, well its useless to me, but if the replacement works then i guess i have to accept it, but im 95% sure it wont, i think its down to the cheaper inferior components in the replica models
Gavin_G
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Registered: 12th Apr 02
Location: Bucks
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25th May 06 at 11:54   View User's Profile U2U Member Reply With Quote

Read S.13 + S.14 of the Supply of Goods and Services Act
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th May 06 at 13:14   View Garage View User's Profile U2U Member Reply With Quote

which states?
dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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25th May 06 at 13:19   View User's Profile U2U Member Reply With Quote

http://www.netlawman.co.uk/acts/supply-of-goods-and-services-act-1982.php may help?
Sam
Moderator
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Registered: 24th Dec 99
Location: West Midlands
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25th May 06 at 13:42   View User's Profile U2U Member Reply With Quote

The product does not work with the car as it should - entitled to a full refund and not have to pay postage for returning it either.
Dan Lewis
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Registered: 31st Jan 05
Location: Leicestershire
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25th May 06 at 13:45   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Sam
The product does not work with the car as it should - entitled to a full refund and not have to pay postage for returning it either.


that work with contract phones too?
ed
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Registered: 10th Sep 03
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25th May 06 at 14:41   View User's Profile U2U Member Reply With Quote

When you buy something it has to be fit for it's purpose that you bought it for. An example. I bought a car 'sold as seen'. It needed a new engine. The guy said na mate you bought it sold as seen, cant have your money back. My solicitor then phone the dealer up inviting him to court after notifying trading standards about what had happened. The dealer then promptly gave me a refund.

So if you buy something that doesn't do what it's supposed to do then you are entitled to your money back, so if your phone doesn't work then phone the operator up.

[Edited on 25-05-2006 by ed]

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