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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to involve Trading Standards or would they not care?

3 replies

MummytoMog · 17/01/2013 11:19

Back in the summer (August), my sewing machine died again. I?d spent a fair bit repairing it over the last few years (was a pretty good computerised model) and was thinking I should really buy a new one, so I rang the company I bought it from, who had always done my repairs. I wish I?d googled them first, as they had always been great with me, but have dreadful reviews online and a couple of watchdog programmes about them. Anyway, he suggested I pop in with it so they could take a look. Did so, he took one look and said the binding gear had gone and it would be a big repair, so I said I didn?t want it repaired in that case and would buy a new one. He then suggested that they take the machine as a part exchange and suggested a quite expensive machine. I couldn?t afford it normally, but with the part exchange it fell basically within my budget, so I paid a deposit and left the old one with them. Then they said that I would need to pay the full price up front, and then they would give me what they got for selling the old one (about £300 they claimed), which isn?t quite what I agreed to, as it leaves all the risk with me, but they already had my deposit so I kind of went with it, a bit grumpily though. I got home, checked online, and saw that the expensive one was actually on sale on their website, for 20% below what was on my order paperwork, so I rang up to say that I hoped I would be getting that discount. They said yes, all discounts would be applied when I paid the balance.

I went in a couple of weeks later to pay for it (was difficult as I had to save up), and got a long spiel about how expensive the old machine had been to repair and how they wouldn?t be able to give me the discount because of this. I thought this was basically rubbish, and said to him that they shouldn?t have repaired it then if it was going to cost that much to repair and should at the very least have called me first, especially as they were now saying they thought they could get about £250 for it. But got basically bullied into paying full whack (£700) for a machine they were selling for £560 and other online sellers were selling for considerably less (although it?s a great machine and I have no problems with it at all).

Anyway, heard nothing for ages, old machine was not on the website as promised, and so after a couple of months I emailed and was told that it cost loads to fix but they would sell it as soon as they could, and would probably get about £200 for it. Erm what? I put quite clearly why I felt aggrieved and in the end they offered me the machine back and a £100 refund, which I thought was ok, as I could probably sell the old one for £100 or so as it?s still a really good machine with lots of features. Get old machine home and don?t get around to checking it for a month (wasn?t worried as all their repairs have been exemplary). Did a thorough test. Bloody thing doesn?t work properly. Stitches skipping, embroidery stitches particularly and they are one of the best selling points of the machine. Even if I wanted to give it to someone, it doesn?t work well enough for it to be any use. Can?t even sew a decent straight line.

So I emailed them, this is just before Christmas. No response. Emailed again between Chistmas and new year. No response. Emailed again last week. No response. What do I do next? It?s such a complicated saga, but essentially, leaving aside the misselling and general horridness, I think it boils down to

?They repaired old machine
?Old machine does not work
?They have a duty to do repair properly

I half want to write this off as a dreadful learning experience, but I?m so angry about it and could actually really do with the money I would get selling the old one. Do I have a leg to stand on? Should I just try and forget about it and enjoy my lovely sewing machine (which is very lovely)?

OP posts:
bigladsdiditandranaway · 17/01/2013 11:34

You could contact Consumer Direct (they are first port of call when trying to contact Trading Standards) and they can give you some advice.

If you follow their advice, which will probably involve writing to the trader and asking for a proper, effective, repair within a set time - and you still get nowhere, then you could ask them to 'Refer' your complaint to the Civil Intervention team.

Consumer Direct was taken over a year or 2 ago and it's hit and miss now as to whether you get told about Civil Intervention, but if it's available in your area (ask the advisor to check if your Local Authority offers it when you ring the 1st time) then you're entitled to ask for your file to be referred to them for consideration. And if you can get Intervention, then someone from Trading Standards will be in touch.

But I can't see them getting involved otherwise. They will have wanted you to have written (sending Recorded Delivery) to the trader referring to the relevant legislation and giving a time to reply by.

So, be clear with the advisor that you would like to know if Civil Intervention is available, and when you get further down the line, make sure you ask for the referral (all files are notified to TS, but you want a referral).

FeistyLass · 17/01/2013 11:45

Biglads has given you great advice.
If your priority is getting some money back quickly then I'd be tempted to go back into the shop and ask to speak to their most senior manager. Make it clear there has been mis-selling at every point in your interactions with them and that you are reporting it to Trading Standards.
Then tell them about the faulty machine and ask how they intend to resolve the issue. (I'd suggest by honouring their original commitment and giving you £300 for it as you don't now trust them to complete the repairs in a timely manner). Don't leave the shop until you are happy. If you find it difficult to be assertive in person then take someone with you who can.
It sounds as though they have treated you very badly.

MummytoMog · 17/01/2013 14:26

Thank you! Will contact Consumer Direct.

I would normally complain to the manager but the person I dealt with is the owner of the company, can be really quite unpleasant in person and on the phone and I don't think it would get me anywhere. I'm not a retiring type person normally, but he's horrid and I made the mistake of taking my kids with me so didn't want to cause a scene

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