View Full Version : Looking for some consumer legal advice.

25th Sep 2006, 18:54
Back in January I bought a 20gb Creative Zen online from a well known high st electrical retailer. LAst week it packed up with three months of the guarantee left. I phoned the 'customer care' (ha f****ng ha) line and was told 'no problem, just drop it into one of the branches and they will happily exchange it for you'. This I tried, only to find that this particular product had been discontinued. I was then told exchanging it for a different model was no problem, but I would have to pay for any difference in price.
Now heres the rub. I paid £149.99 for it. The equivalent model (still Creative, and 20 gb) is now priced at £219.99. The only model they have for £149.99 is only an 8gb capacity. Obviously they refused to let me have the 20gb model although that is the same spec as the one I have.
I argued that they should replace like for like, after all it is not my fault they chose to discontinue the model, but the manager claims that by law they are only obliged to offer a model of the same value, regardless of the spec. I then asked for the unit to be sent away for repair, which again was refused as they claim it is more expensive to repair than replace.
Am I right to take this further or have I been shafted?
Thanks in advance.

Mr Lexx
25th Sep 2006, 18:56
should be like for like. They can exchange for an equivilent model of a higher value, but not a lower spec model.

Alternatively, ask for your money back (but then they could take some off for wear and tear)

25th Sep 2006, 19:19
Facing the same problem with an iPod Mini.

Battery packed up.

Dents from where I dropped it, knocked off table...

... that damage caused the broken battery.:sad:

:ugh: :ugh: :ugh: :ugh:
So a very cynical High_lander thinks that they are forcing me out of the warranty period. Its been sent back twice, same guy picking it up, and I got the same message back, a pre-printed letter. Now, the iPod Nano, same GB size is cheaper

:{ :{ :{ :{

green granite
25th Sep 2006, 19:45
Ring the local trading standards office they will tell you exactly what your rights are and if need be help you get a result. But usually having found out what you're entitled to, just mentioning that you have been advised by the local trading standards officer that blah blah blah applies, the shop will usually sort it out fast.:ok:

25th Sep 2006, 19:52
Unfortunalty they cant give you the more expensive one in exchange.
If you're very attached to the model demand a repair, you are perfectly entitled to it.

However i would advise that you get a refund. If they say that it is against store policy/warranty that rubbish, warranties are given as an aside to your statutory rights, under which you are entitled to a refund if the product is faulty.

Ps get an iPod instead.

25th Sep 2006, 20:01
Thanks for the help. After another round of endless 'press1 for this, press 2 for that - and still speak to a clueless fool at the end....yadayada' I have decided to go for the refund, which strangely enough they didn't even try to contest!
I will buy a new one from a smaller outlet that actually tries to make it seem like they appreciate their customers.
Now for the biggie though, Creative or I-pod?:confused: :ugh:

25th Sep 2006, 20:06
Hope this helps,

From the Sale of good act 1994.


1.—(1) In section 14 of the [1979 c. 54.] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted— "(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

The important bit is Fitness for purpose and Durability. A reasonable person would not expect it to be come faulty, and should have a durability longer than one year.

Take a print out of the act to your store, ask to see the manager and quote it to them, then stand back and watch how much they S**t them self.

I know it works Cos i had a Tv pack in one week before the one year was out and got a full refund.