I think you've been misinformed. It would be interesting to know why you were told you probably wouldn't win in the Small Claims Court. Take a look at the DTI's Consumer Direct website (http://www.consumerdirect.gov.uk). I'll quote one extract:

"However, since the 31st March 2003, the Sale and Supply of Goods to Consumers Regulations give you parallel or alternate rights. Instead of a refund, you may choose to ask for a replacement or a repair. Goods which do not conform to the contract within the six months after they were delivered are presumed to have been faulty when you got them. In these cases, you do not have to prove the fault was present when the goods were sold. Instead, the trader must prove that the fault was not present when the goods were sold. The burden of proof is on the trader."

If I were you I would get the appropriate forms for making a claim to the Small Claims Court and/or pop along to your local Citizens Advice Bureau for their opinion.

As a general rule, when returning faulty goods to a shop I don't think it's worth telling the shop manager that you'll go to the Trading Standards people, it isn't really much of a threat (I won't go into that, it could be libellous). It's better to just leave the store and then write a letter to the managing director or chief executive of the company, setting out in as much detail as you can what has happened (from date of purchase onwards) and then telling them what you want them to do (refund, repair, whatever). Tell them how long you'll give them for a reply (be reasonable, 14 days is probably ok). If you don't get a reply send a pre-action letter (briefly recapping your previous letter and then saying if you don't get a satisfactory reply within 10 days you'll commence proceedings in the County Court).

Keep all documents - receipts, copies of letters you send and receive etc - and keep notes of telephone calls or face-to-face conversations. The notes should be dated and timed and made either during conversations (if on the telephone) or as soon as possible afterwards. Note down any names of people you speak to, too.

The store manager you spoke to may think that most people misunderstand the Sale of Goods Act, but in reality very few store managers know anything about consumer rights law, and if you get nowhere with the store manager there's no point pursuing the matter any further at that level. The only thing to be wary of is that if you start an action in the County Court against a company they have the right to have the matter heard in their local court, so if you're in Cornwall and they're in Berwick you're going to have a hefty train fare if they defend the claim.

I have had a couple unsatisfactory dealings with Comet in respect of their attitude to replacing/refunding goods.
The first was with a scart lead which they refused a refund to me because the plastic pack had been cut open and could not be sealed again! How can you remove goods from this type of bubble packaging without damaging it is beyond me. The second was a faulty washing machine. The day after it had been delivered I tried many times to telephone the store but either got cut off or nobody would answer. In the end I drove to the store and someone there made an appointment (two weeks to wait) for a service repair man to call. On this date no repair man arrived so after trying to call the store unsuccessfully I had to visit the store again. This time they said they had no record of any appointment being made for me but they would make a new one for me. I refused this because if I had to wait another 2 weeks by then the 28 days return policy would be invalid. I insisted on having a replacement machine. They didn't like this and tried to get me to change my mind but I was thoroughly fed up by this time and stood my ground.

This week I took a faulty DVD re writer back to Argos it was 6 weeks old. Was expecting them to want to send away for investigation. But was offered a replacement or refund, no hassle. Well done Argos!

I am totally peed off with Comet my MP3 player has been repaired twice since I got it and it is under guarantee. This is the third time I have gone back to Comet and they won't give me a refund - they say my problem is with my computer and that I have downloaded music incorrectly. How ridiculous it was working fine in the first place so how could the computer have anything to do with it! I am in the middle of a huge dispute now and don't know what to do as they have told me to come and collect it and passed me back with a phone number to the manufacturer.

This week I took a DVD player that had stopped working back to an Argos store in lichfield where it was bought on june 23rd this year (2005. They refused point blank to do anything about it because I had lost my receipt and said that they could not trace the sale even though i new the exact date from their records as it was over 12 weeks ago. (I thought all businesses had to keep 7 years records for inland revenue and customs and excise. They would not budge even though the sale of goods act states that I do not need a receipt.

This week I took a DVD player that had stopped working back to an Argos store in lichfield where it was bought on june 23rd this year (2005. They refused point blank to do anything about it because I had lost my receipt and said that they could not trace the sale even though i new the exact date from their records as it was over 12 weeks ago. (I thought all businesses had to keep 7 years records for inland revenue and customs and excise. They would not budge even though the sale of goods act states that I do not need a receipt.

Point of law: the sale of goods act says that you may request refunds for faulty goods within a "reasonable" amoount of time. One month, whilst not long, is very unlikely to be considered a reasonable amount of time.

Under the law, therefore, you would only be entitled to a replacement or repair.

I have bought a laptop from dixons 5 months ago. The thing is now its not working right. Well, dixons have refused refund or even any thing to do with it now. They say its the manufacturers fault. It also looks like the computer has been sold before as when I rang packard bell the laptop is registered to someone else. Dont buy anything from DIXONS you get ripped right off and after sales care is disgusting they want your money but god help you if your product goes wrong. Im now £699.99 out of pocket.

lyn: you are not £699.99 out of pocket. They are legally obliged to make good the problem. If they won't budge, take them to the small claims court.

Have had a laptop from Comet Hull it is falty and have had the same problem they wont exchange or give a refund I have only had it three days.Will have to look taking them to small claimes court.

I work for PC World, (which as many know is part of the Dixons Group) as a customer services representative.

I feel that the majority of customers have a very weak understanding of the depths of the sale of goods act in particular. I see day in, day out customers demanding refunds for items of some considerable age but within the first year of purchase. What customers are unaware of is that once the acceptance period of roughly 14 to 28 days is over, we have an obligation to repair or exchange the product. Offering a refund at this point is purely down to the disgression of the manager or member of staff dealing with the issue.

With regards to computers. Computers are very similar to software policies, which basically state that once you have used it, unless there is a specific problem you have no rights under the current laws to an exchange or refund. If a computer is returned because it is too slow, for exmaple the customer is not legally entitled to a refund or exhcnage as the specifications of the item are explicitly stated at the time of purchase.

Chris, you must be having a bad experience with Dixons. In practise, if you have an issue with your Packard Bell laptop you should contact either PC Service Call or the manufacturer. If the laptop has been sold to you, but it appears to be pre-owned, which is very difficult to prove then you should definately take the issue to the manager of the store (unless the item is displayed as pre-owned on the receipt below the decscription of the item).

^ Obviously the previous message is partly based on personal opinion and is very much off the record, but is possibly a good point for discussion.

I simply bought some recordable DVDs from DIXONS. But I got the wrong type. When i tried to get a refund, cos in the meantime i got the right ones from somewhere else, I experienced DIXON's terrible customer service. They basically acussed me of lying.

I bought the DVDs in a rough looking unsealed box. When I tried to get my refund they said they wouldn't have sold their product in this packaging! and at first refused to give me my money. They accused me of lying. I chucked it back in their face and walked out, then decided to come back to take it further. Apparently, because "I was making such an issue of it" they eventually gave me my money.

I will NEVER shop in DIXONS again. Hopefully ALL their shops will shutdown soon anyway.

I got married in the states in November 2005 and my friends who came to attend the wedding from uk brought me two desginer watches and now that i have come back to visit i brought the watches back with me and took them to debenhams informing them these goods have never been used and i just want a store credit showing them my receipt the manager who was very unhelpfull and did not want to listen to my situation told me a straight NO for exchange for other goods or a store credits the goods have never been touched and they are just too big for the wrists and hence now I dont know what to do. The manager was rude and did not want to help so I took her details. I know things can be exchanged or you can get store credits at a managers discretion but this lady was just so not ready to comprimise!,

We bought a laptop for our disabled son for Christmas, in the hope that he could spend his time on the computer sitting in a more comfortable chair instead of at the desk all the time using the desktop PC.

Bought it at our local PC World for the grand sum of £599.99 and much to the delight of our son we carefully unpackaged it and set it up at home. He had been unabled to see it before purchase because he is confined to the house.

Within 10 minutes, it was clear that our son had a severe problem with the screen brightness - as he has sensory problems - and although we tried adjusting the settings, it was apparent that sitting so close to the laptop screen (which you have to do with laptops) was going to cause great discomfort on his eyes.

We immediatley closed down the laptop (having used it for a total of 10 minutes) and carefully packaged it up as brand new.

Headed to PC World the next day with the fully packaged laptop and receipt, to explain the situation to the Customer Services area staff.
Immediatley were met with a gruff teenager telling us no possible chance of a refund, as the laptop had been used.
I explained that it had been used once - as this is how we were able to establish the problem. He proceeded to aggresivley unbox the item, tossing the packaging on the ground and manhandled the laptop until it was on, before declaring to us that we had used it to type in a user name.

You have no choice other than to type in a user name because it is the first step before you can access windows.

He told me again that it had been used and there was nothing he could do.

I asked for his manager, who promptly came out and I again explained the story from scratch. He was more sympathetic and told me - after a long conversation of him trying to get me to find something else in the store I wanted etc. - that he would be willing to refund the money minus 10% for handling fee. I said I was willing to asborb that just to end the stress.
He performed the refund to my credit card.

Satisfactory result from PC World all in all.

Hi,
I find that not very many people know that you can take someone to the county court 'online'.
Have a look at
https://www.moneyclaim.gov.uk/csmco2/index.jsp
HTH

on the 25/02/06 i spent 1700 pounds at The sony Centre in Putney on a laptop 2 days later i noticed the keyboard on the left side were higher i thought this could be due to the heat of the machine being blown out on this side i took it back on the 28/02 06 and asked for it to be exchanged for another the manager phoned his superior s then said we have to send it off to see if you have registered it and the extent of the problem if it's registered we cannot change said he.What can i say? i'm gutted any info would be invaluable please.

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Reply to (bmobile@walla.com)

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nokia 3220......60 us
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My sister has purchased a Toshiba laptop computer on Jan 06. Within 3 months a pin that the cable connects to snapped off. She returned the laptop to the shop. Shop assistant stated that laptop should not be used on the lap and therefore breakage is treated as misuse of the product and makes the warranty invalid. There appears to be nothing within the documentation to state that the laptop must not be used on the lap, other than it may heat up after a while. My sister has beenquoted £400 to repair the pin and the laptop cost £500 when she bought it. SHE IS DEVASTATED. CAN ANYONE ADVISE OR HELP?

Hi,

I am looking to buy 10 Apple iPod Video 60Gbs. This will probably increase, but I am looking for a 10 unit trial run. I will probably buy 10 every 1 or 2 weeks, but as I am new to this business, I will start at 10.

I preferably want to personally pay and collect the goods, so I am preferably looking for people who live in or near London.

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I bought a Canon MV830i camcorder from amazon.co.uk a year ago. It worked well until last week it ejected the tape for no apparent reason. I always took great care of my camcorder (it was a big purchase: £300). I e-mailed Canon (phone calls are an outrageous 79p a minute!!) and while waiting for their reply (4 days!) I checked if I could find anything about it on the net: I was very angry to read that an amazing amount of people (in US and UK) had the exact same problem with their Canon Camcorders (all different styles). Just type "Canon remove the tape problem" and you'll find a whole list of website and forums about people who encountered the same fault. Canon was very unhelpful, the warranty has expired and the price for the repair is outrageous. On top of that I need to send the product to Canon. We are going on our first holiday with our baby next week. I contacted Amazon but they refered me back to Canon. I feel that I am the victim of a known fault in the product and that I'm facing a company who would not accept its responsibility. Under the sale of goods act, the product can hardly be described as one of quality (durability: you would expect a camcorder to last more than a year!). I had it for a year but the fault seems to be a known and common one. Please help. Do I have to forget about filming my baby on her first holiday??

This 28 day rule that PC World have is worrying - I'm sure it is violating the Sales of Goods Act, especially section 13. Even if it is pointed out to the customer beforehand, if the item is unsuitable or faulty in its first year, you have the duty to repair, replace or refund.

As the customer has a contract with the store when it makes a purchase, I could have sworn this is why the above rule applies and which is why the store makes the repair/replace/refund. The store has the contract with the manufacturer and then claims the repair/replace/refund from them - it is not left to the customer to do so. Not in the first year anyhow.

I took my xbox 360 to comet it was freezing in games, So i asked for a replacement there and then and was promptly told that this wouldnt be possible. They said they woudl have to send it back to microsoft which could take up to 2 weeks. Which i would consider an inconvenience. I asked to see the manager, the girl went to his office apparently and then came back say ing he would just say the same as ive said to you. Which is abysmal service. I ranted on for a good ten minutes whilst everyone in the store stood watching. But they wouldnt budge. The console is only nine months old, still under guarantee. Comet are crap they just want youre money and then thats it. Its like daylight robbery. I cant believe these thiefs get away with it.

Its a long one: someone was selling a laptop as it wasn't suitable for her (couldn't get refund from Dixons). We bought it after one month, after clarifying with Dixons that it would be repaired, etc - they said "As long as you have the receipt, it doesn't matter who bought it." They changed their tune when it broke down and we tried to claim on their 'if it develops two or more faults, we'll refund or replace it' - we jumped through all of their hoops over a period of months (inc getting an independent report which confirmed a faulty system at a cost of £60). Then they turned around and said they weren't interested as we weren't the original purchaser. We said they wouldn't have known that if the initial buyer hadn't chosen to give her details, and that we'd clarified this prior to purchase. Since then, we have even been sent an email by someone in similar situation where Dixons clarify in email exactly what we said we were told. Last week, they finally seemed to see sense (after an appalling letter from their customer services manager). By today, they'd completely changed their mind and we've been told that Legal are standing their ground. Tough luck, is their implied response. I am very angry indeed! I have CFS and depend on my laptop - I'd never buy from DSGi again!

In 2003 we bought a vacuum cleaner from Comet. At the same time my wife wanted to buy some spare bags for a total price of around £103. She asked the salesman which were the correct bags for the model we were about to purchase. He wasn't sure but checked with a passing salesman who selected them from a rack.

To cut a long story short, the cleaner overheated and stopped working just over 3 months later. If you left it to cool down for 5 minutes it would work again for 10 minutes and overheat again and stop working.

I Called Comet and asked if I could take it to my local Comet store instead of the orginal one where we purchased it, and they agreed. The store manager was adamant that they couldn't exchange it or give me a refund. I too pointed out the new EC directive that had come into force on 31st March 2003, taking the onus off the purchaser and onto the seller.

He refused the refund and asked me to sign an engineer inspection receipt. I wrote on it 'I am signing this under protest, as under the EC directive of March 2003 I want a refund or exchange'.

Some 5 weeks later and a lot of angry telephone calls and letters I decided to go ahead and issue a summons in the Small Claims Court for £693 which included the cost of a refund, my time,letters and telephone calls, compensation and return of Court fees.

They immediately sent me a cheque for £250, which I rejected and returned. They then sent me a cheque for £450. I also rejected nad returned this cheque much to the surprise of my wife. I asked her when she had ever seen any adverse publicity of any large retail store in any national newspaper (biggest advertisers). When I returned the cheque Iinformed Comet that I had miscalculated the costs and that if they insisted on going to Court that I would ask the Judge for an extra £50. Comet then sent me a cheque for the full £693 by return.

I had several similar cases, and in virtually every case, your complaint is not taken seriously until you actually issue a summons in the Small Claims Court. You should include the cost of your Court fees in your claim. In over 20 cases over the years I have not actually had to go to Court, but my claim has been settled early or at the last moment.

I hope this helps.

Anyone had any luck pursuing a claim for a faulty Apple MacBook Pro? My son (at university) purchased one of the first available in the UK in March'06 and was delighted with it but soon noticed it was more noisy and ran significantly hotter than his previous laptop. He got in touch with the Apple Store and they acknowledged the fault and agreed to replace the logic board but on opening it up noticed a spillage of liquid had entered the case and was on the logic board. They immediately said the problem was due to the spillage and refused to honour the repair. I argued (unsuccessfully) that the computer still worked perfectly apart from the heat and noise and that the spillage had not effected the computer and that the overheating etc. was an inherent problem with the laptop as it had been like this since day 1. We have since looked on the internet and reading the huge volume of complaints we are not alone - there are thousands of first generation units out there all exhibiting similar faults, which probably explains why Apple are taking such a hard line - to avoid the cost of meeting their obligations. Any ideas? I have threatened the store with the Small Claims Court and this seems the only option as they have not even ackowledged my recorded letters.

I cannot get any resolve from Comet over an Acer laptop bought from them in January this year which is a fire hazard. I got home one day to find the outer casing sagging through extreme heat. apparantly the cooling fans had failed.
Comet are not interested. All they do is recite their permitted responses over and over. I must state that the laptop was closed and in a state of hybernation.
I asked for a refund but was refused. I spoke to the manufacturers who were not interested either.They both said the other was liable.I have now got to wait for a courier to collect the laptop, take it back to their store. They will then send it by another courier (i think he is called a postman)to the makers. When they have looked at it and decided that it has got hot due to overheating they are going to offer me a repair,a replacement or my money back. This was only after I had threatened them with court action.
It would seem that Comet make up their own rules as they go along and hope they get away with it.Most people swallow it, but as a practicing barrister I will not.Watch this space.

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Samsung D900. .. ..200usd
Samsung E770. .....200usd
Samsung E900.. ....220usd
Samsung X820. .....200usd
Samsung Z400.......180usd
Samsung D600.......160usd
Lg Chocolate......180usd
Lg U890............160usd
Qtek
Qtek 8500 ....... 150usd
Qtek S200 ....... 180usd
Qtek 9000 ....... 230usd
Qtek 8310 ....... 200usd
Nextel i930-----120usd
Nextel i860-----150usd
Nextel i870-----180usd
ETEN Torg 120..$250
ETEN M600 ...$250
ETEN M500 pda phone...$210
ETEN TORQ 120 ...$220
ETEN G500 Quadband..$240
ETEN G500 PDA ....$230
Motorola Kkrz1. ...150usd
Motorola L6...... ...160usd
Motorola pebl.. ..200usd
Motorola v3i.. . ..130usd
Motorola q............180usd
Motorola A1200......200usd
Nokia N95... . ... 280usd
Nokia N73.. ..... 230usd
Nokia N93..........220usd
Nokia N92... .. . 200usd
Nokia N91... .... 180usd
Nokia N90.. .... ..180usd
Nokia N80... .... .170usd
Nokia N70..... . 160usd
Nokia 8800... . . 200usd
Nokia 9300i... .. 180usd
Nokia9500.... . . 180usd
Nokia E61..... . ..180usd
I-MATE Smartflip ......200usd
I-MATE JASJAR ........250usd
I-MATE K-JAM PC......... 220usd
Sony Ericsson W850i... .230usd
Sony Ericsson P910i......220usd
Sony Ericsson W900i... .200usd
Sony Ericsson W950i.....220usd
Sony Ericsson W800i......200usd
Sony Ericsson K800i......180usd
Sony Ericsson K600i......160usd
Pamtreo PHONES
Pamtreo 600------180usd
Pamtero 650------200usd
Treo 700----------220usd
Treo 750----------210usd
Palm Treo 700wx......220usd
T Mobile Compact Li...200usd
02 Atom Exec................220usd
02 XDA Atom ................200usd
02 XDA NEO .................180usd
02 ORBIT........................250usd
XBOX GAMES:
Xbox 360 Core System --................ 200usd
Xbox 360 Prenium pack -................-220usd
Xbox 360 Platinum Bundle Console -- 220usd
Nintendo Wii (Nintendo Wii)............150usd
Sony PSP 4GB Core Bundle ...............160usd
New Tickle Me Elmo T.M.X.................100usd
Apple iPod nano Media Player 2GB ....60usd
Apple iPod nano Media Player 4GB ....80usd
Apple iPod nano Media Player 6GB ....100usd
Apple 2 GB iPod Nano.........................60USD
Apple 4 GB iPod Nano........................100USD
Apple 30 GB iPod Video......................120usd
Apple 60 GB iPod Video.....................150USD
Sony HDR-FX1 Digital camara Camcoders...2000usd
Sony DCR-DVD203 Digital Camcoders . ....320usd
Sony DCR-HC90 Digital Camcoders. .... 570usd
Sony DCR-HC14 Digital Camcoders ....560usd
Sony DCR-DVD403 Digital Camcoders.......530usd
SONY VAIO VGN-AR11S........1GB 200Gb--700usd
SONY VAIO A217S-- 100GB.....................450usd
SONY VAIO B1VP-- 40GB HD...................400usd
SONY VAIO T370P/L-- 60GB....................400usd
SONY VAIO A397XP-- 80GB.....................400usd
Dell Inspiron 6000----- $400
Dell Latitude D505------$400
Dell Latitude D610------$460.
for more information,pls contact us via this email and phone

Email Ad:
nokiaphones_2007@yahoo.co.uk
+447045703962
sarah william

Guys, one thing that doesn't yet seme to be mentioned is the 6 months rule - within the first 6 months of purchase, it is for the retailer to prove the item is of the right quality ie working etc, so take them to court def absolutely.
After first 6 months the purchaser needs to prove this - if the item isn't working it should be simple to prove!

I've just been onto 3 about my mobbie which they tell me has no fault but which I can't use. They wouldn't give me a Uk number to call to speak to someone only an email address. So I said I was going to take it to a 3 Store, get them to confirm there is a fault and go to court. I then referred this legislation to them and they have agreed to provide a replacement handset.

Worked for me! Now just got to sort PC World out with miss selling insurance!