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Anyone know what my rights are???

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  • 06-01-2009 5:00pm
    #1
    jessie08
    Closed Accounts Posts: 29 ✭


    Hey everyone,


    Have a bit of a dilemma about a new oven that I bought at the end of November.

    Basically: I got it installed at the start of December and immediately it started shutting down when it reached a certain temperature. Thought it was an electrical fault so got the electrician back out who couldn't see anything wrong from his end.

    Got on to Hotpoint and they eventually sent someone out on Christmas Eve to look at it. The guy said that yes there was definitely a fault and he would have to order a new part and they would contact me when this came in. Soooo...no oven all over Christmas. I have been on to them a few times and the part is still not there so today I asked for a replacement stating that

    - it is a brand new oven which was obviously faulty when I bought it
    - i have been over a month without an oven now including all over Christmas

    The guy said he would have to ring the UK and get back to me, which he just did and said that I couldn't have a new one!!

    Is this right, surely they should be obliged to replace it..?

    Any thoughts much appreciated, I am fuming!!! :mad:


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    #2
    vibe666
    Registered Users Posts: 13,016 ✭✭✭✭vibe666


    ring the Citizens Advice Bureau and ask them, they're free and they know the law inside out (they're staffed by solicitors and people wit a legal background).

    keep all correspondence and make a note of times dates etc. this all happened on with names of who you have spoken to in case it comes to it and you need to provide evidence of what's gone on.

    they may advise putting in a small claim to the courts to get your money back if this is appropriate, but you'll probably find that (worded properly, from someone who knows their legal rights) just the threat of this will change their tune and get you what you want.

    good luck. :)


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    #3
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Your rights are replace, repair or refund. They've refused a replacement, so I'd now insist on a refund, since the repair is taking an excessive amount of time. If you paid by credit card, try doing a chargeback, and tell the shop to come and collect their broken oven, then buy another one somewhere else.

    Get on to Citizens Information or the National Consumer Agency if you can't get the shop to do anything. You could also use the Small Claims Court to get your money back.


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    #4
    Freddie Cork
    Closed Accounts Posts: 35 ✭Freddie Cork


    Replacement or refund within 24hrs, or Small Claims Court. It's not up for discussion, sicne you have been decent about it to date and have been messed around - that would be my stance on it. And remember - you're giving them 2 choices - there is no 3rd, and it's not debatable. You're not making a "request" - you're telling them the way it is, and the law is on your side.


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    #5
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    vibe666 wrote: »
    ring the Citizens Advice Bureau and ask them, they're free and they know the law inside out (they're staffed by solicitors and people wit a legal background).
    Err no...


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    #6
    Kensington
    Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Where'd you buy the oven OP? Have you gone back to the shop about it?


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    #7
    vibe666
    Registered Users Posts: 13,016 ✭✭✭✭vibe666


    Nody wrote: »
    Err no...
    well the one i went into the one in Dun Laoghaire was when I went in for advice about getting screwed by my own solicitor when I was buying our house.

    not sure who was on reception at the time but we were seen into a room and spoke to a solicitor and a legal secretary who went through everything we needed to do any everything was sorted out within hours thanks to their advice.

    why do you say no Nody?


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    #8
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Freddie Cork wrote: »
    Replacement or refund within 24hrs, or Small Claims Court. It's not up for discussion, sicne you have been decent about it to date and have been messed around - that would be my stance on it. And remember - you're giving them 2 choices - there is no 3rd, and it's not debatable. You're not making a "request" - you're telling them the way it is, and the law is on your side.

    24hrs is not a doable timeframe by anyone's standards, 7 days is alot more realistic


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    #9
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    vibe666 wrote: »
    why do you say no Nody?
    Try their helpline some time and try to ask something beyond what their script from the website covers and you will see why.


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    #10
    vibe666
    Registered Users Posts: 13,016 ✭✭✭✭vibe666


    Nody wrote: »
    Try their helpline some time and try to ask something beyond what their script from the website covers and you will see why.
    i wasn't talking about calling them, I was talking about going in to see them. they have open evenings where you can go in and talk to a qualified solicitor which is what I did and they were very helpful.


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    #11
    jessie08
    Closed Accounts Posts: 29 ✭jessie08


    Thanks for the reply's everyone!

    I bought the oven in Power City and the manufacturer who wouldnt replace it is Hotpoint. I got on to the Citizens Advice Bureau and the guy told me to go to Power City and tell them that I want a refund/replacement - he said I am definitely entitled to one.

    My boyfriend called them yesterday and they said they'd get back to him. They didnt. He called again today and they said that the part will be in within a week and that Hotpoint will fix it. He told them that we don't want it fixed at this stage and they said that's all that they can do!!!

    Fuming again! Going to call them myself later and demand a refund :mad:


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    #12
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    your best option at this stage is to write a letter to power city explaining the delays and how hotpoint are not at all helpful etc and how you feel power city should be doing more as they are responsible for the after sales care of your oven and suggest they resolve the issue within ten days or you will start small claims court proceedings against them. if you had originally gone back to power city you could start proceedings immediately but as you have only been dealing with hotpoint up to now you must now give power city time to resolve this for you.

    this is one reason it is so important to deal with the seller of goods rather than the manufacturer when things go wrong as if you deal with the manufacturer and they fail to resolve an issue you can not take them to court and you must then give the seller a reasonable time to resolve the issue before you can take legal action.


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    #13
    Gone Drinking
    Registered Users Posts: 2,809 ✭✭✭Gone Drinking


    Sorry but obviously calling isn't working..

    What you need to do is walk into power city with your oven on a trolly and find the manager. Show him the receipts and tell him you've been doing the rounds and no ones been able to help you. Explain that you've been screwed for an oven over Christmas.

    There's no way he'll send you off with that oven, especially not if there's any customers around.


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    #14
    Kensington
    Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Gone Drinking wrote: »
    Sorry but obviously calling isn't working..

    What you need to do is walk into power city with your oven on a trolly and find the manager. Show him the receipts and tell him you've been doing the rounds and no ones been able to help you. Explain that you've been screwed for an oven over Christmas.

    There's no way he'll send you off with that oven, especially not if there's any customers around.

    This is precisely what you DON'T do, unless you want to make a complete tit of yourself.


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    #15
    Gone Drinking
    Registered Users Posts: 2,809 ✭✭✭Gone Drinking


    Kensington wrote: »
    This is precisely what you DON'T do, unless you want to make a complete tit of yourself.

    Sorry? She bought something thats been tested and found to be faulty. She's entitled to a refund or replacement. If i bought a watch from a shop and it didn't work, i'd bring it back. I'd ask for a replacement or a refund. Well within my rights.


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    #16
    Sam Vimes
    Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    Gone Drinking wrote: »
    Sorry? She bought something thats been tested and found to be faulty. She's entitled to a refund or replacement. If i bought a watch from a shop and it didn't work, i'd bring it back. I'd ask for a replacement or a refund. Well within my rights.

    you forgot the other thing that the sale of goods acts entitles you to: repair

    there are cases where a repair isn't considered reasonable but i don't know if this is one of them


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    #17
    Kensington
    Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Gone Drinking wrote: »
    Sorry? She bought something thats been tested and found to be faulty. She's entitled to a refund or replacement. If i bought a watch from a shop and it didn't work, i'd bring it back. I'd ask for a replacement or a refund. Well within my rights.
    Yes, but going in and making a holy show of yourself on the shop floor won't achieve anything other than to make a holy show of yourself. Moreso if the shop is full. A lot of people seem to think that going into a store and shouting at how unfairly they've been treated by said shop, how they'll never shop here again, how they KNOW THEIR RIGHTS!!!!!, how they'll be ringing Joe Duffy/Gerry Ryan/Adrian Kennedy/Pat Kenny, how other customers should avoid shopping there etc. etc. will put off any potential customers in the shop. In actual fact, it doesn't. There's been countless times I've seen people shouting abuse, in many shops, with other customers in the shop standing around trying their best not to piss themselves laughing at the person making a fool of themselves.

    Besides, the guys on the shop floor aren't authorised to just hand out new ovens to people, no matter how many customers may be in the shop at the time.


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    #18
    Gone Drinking
    Registered Users Posts: 2,809 ✭✭✭Gone Drinking


    Who said anything about shouting or making a holy show? I said walk into power city with the oven, ask for the manager (not a member of floor staff), show him your purchase receipts and explain to him that you've been over month with a faulty oven.

    In regards to the customers being around, well what sort of manager wants customers to hear the story the OP is telling? This could only work to her favour.

    I sell equipment in my job, we repair everything we sell in house. If a customer came back with something he paid for, and we found it to be faulty, we'll either fix it on the spot or give them a replacement.

    I never said go in kicking and screaming..


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    #19
    craichoe
    Closed Accounts Posts: 2,706 ✭✭✭craichoe


    Gone Drinking wrote: »
    Who said anything about shouting or making a holy show? I said walk into power city with the oven, ask for the manager (not a member of floor staff), show him your purchase receipts and explain to him that you've been over month with a faulty oven.

    In regards to the customers being around, well what sort of manager wants customers to hear the story the OP is telling? This could only work to her favour.

    I sell equipment in my job, we repair everything we sell in house. If a customer came back with something he paid for, and we found it to be faulty, we'll either fix it on the spot or give them a replacement.

    I never said go in kicking and screaming..

    I've seen someone do something similar and the person wanted compensation for having to rent a van to bring it to the shop, the shop just said "Well we didnt tell you to rent the van". They didnt get their replacment either.

    OP, just wait for Hotpoint to repair, if its not fixed by then look for a replacment.


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    #20
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Your contract of sale is with Powercity not Hotpoint. Do not get caught between the manufacturer and Powercity here. Hotpoint's contract is with Powercity, not you. Hotpoint can fob you off all day and there is nothing you can do about it.

    The oven is obviously faulty and has never worked properly. You're entitled to a full refund under the Sale of Goods Act. You can accept a replacement oven if they offer one but you don't have to. Ring Powercity and tell them you want a refund and see what happens.


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    #21
    Kensington
    Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Mr. Incognito wrote: »
    Ring Powercity and tell them you want a refund and see what happens.
    This would be the best course of action to take.
    Gone Drinking wrote:
    ask for the manager (not a member of floor staff)
    The store manager for any branch IS one of the floor staff.


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    #22
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Kensington wrote: »
    This would be the best course of action to take.

    They've already done that, and got nowhere.

    An oven is something you would use every day, for cooking your dinner, so going over a month without a properly working one, is unacceptable. Now they're being told it'll be another week, having highlighted this problem at the start of December, and having a service man out before Christmas. IMO, it's time for an immediate replacement, or full refund. They've waited long enough already.

    Bringing it back to the shop won't be easy, unless they have a van/trailer, but you may have to do this, as Power City may not be under any obligation to collect it, unless they delivered it in the first place.

    If you paid be credit card, get it refunded to that before you leave the shop.


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    #23
    Kensington
    Closed Accounts Posts: 3,683 ✭✭✭Kensington


    jor el wrote: »
    They've already done that, and got nowhere.
    From what I gather, the OP has contacted Hotpoint numerous times by phone, but hasn't actually contacted Powercity yet.


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    #24
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Kensington wrote: »
    From what I gather, the OP has contacted Hotpoint numerous times by phone, but hasn't actually contacted Powercity yet.
    and as this is the case power city need to be given time now to provide a remedy,


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    #25
    jessie08
    Closed Accounts Posts: 29 ✭jessie08


    Just to give you an update....

    Wrote a long email to the manager of Power City explaining everything and stating that I would be taking it further if it wasn't sorted asap.
    He got straight back to me the next day and agreed to give me a full refund or replacement. I opted for the refund. They are collecting the oven tomorrow and the refund will be put back on my card.

    Finally!

    Thanks for the replies everyone :)


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