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Can anyone tell me what exactly my rights are please?

14 replies

Beauregard · 07/01/2008 20:02

I bought on the 9th Dec a digital camcorder for for dp for Christmas from Asda electricals.
It was only £68.99 but was £7.99 postage.
I had to wait until christmas eve until it was delivered
When it eventually arrived i was pleased and when dp opened it on christmas morning he was impressed.

Fast forward to Boxing day and he takes a bit of footage and a few pics and put it on the dining table.
An hour later he picked it up and the handle strap(that you hold it with)had come off.
It hadn't been pulled at or dropped or anything and there is no way of putting it back in as it fits inside a fitting the actual camcorder.

I emailed Asda a few days later to inform them and recieved a reply the following
evening asking what had happened,to which i replied.
I had heard nothing so today i called the customer service number and informed them.
Initially i was told that i would have to take it up with the Manufacturer
When i said that i didn't think that was very fair as it is not our fault she said she would call the asda engineers.
She called back and said that they would colllect it sometime tomorrow to inspect it(so i have to wait in all day)

Is this good enough?
I don't think it is but am unaware of my rights,can anyone help?.

It is dd2's 2nd birthday next monday and we shall be without a camera again

OP posts:
Orinoco · 07/01/2008 20:07

Message withdrawn

flowerybeanbag · 07/01/2008 20:12

I think after such a short time you should be entitled to your money back. See here, the bit about what are you entitled to ask for. Depends really. The 'few days' you waited to let them know might be crucial.

Beauregard · 07/01/2008 20:18

Well i thought that i would have at least been offered a replacement for it.

Not sure what do to or say?

The courier is coming tomorrow.

OP posts:
Beauregard · 07/01/2008 20:23

bumpb

OP posts:
nannyL · 07/01/2008 20:23

you are completely within your rights to demand your money back or get a new one

they gave it to you 24 dec

26 dec it broke...

this is NOT reasonable... you can reasonabley expect a £70ish camera to last mroe than 48 hours... it didnt

you are entitled to a full refund if you ant one.

If they have another and you are happy to have anotehr identical one then that is fine to

flowerybeanbag · 07/01/2008 20:26

Phone them before the courier arrives and quote the Trading Standards website at them?

Hassled · 07/01/2008 20:28

It has to be fit for purpose and your contract is with the seller, not the manufacturer - this fobbing people off to the makers is just rubbish. If they can't repair it within a "reasonable" period then you are entitled to a replacement under the terms of the Sale of Goods ACt.

PS I'm not a lawyer and might have this badly wrong - but I read a lot of consumer pages!

Lawrene8 · 07/01/2008 20:29

If you google trading standards you can get access on one of their helplines. I'll have a look and see if I can post the link that I used. They were really helpful - and you don't have to accept that lack of service from ASDA - 2 days is totally unreasonable IMO.

bran · 07/01/2008 20:30

Don't let them take it for repair. If you do that you lose the right to a refund.

Phone them back and say that you want a refund or replacement, not repair. Tell them that the goods were not fit for their purpose under the sale of goods act.

I wouldn't want it to be repaired if it needs to be opened up to do so, it might get more damaged in the course of being repaired.

hatwoman · 07/01/2008 20:37

sveral articles about this kind of stuff on the Guardian consumer pages

Beauregard · 07/01/2008 20:39

Thankyou

I have just found a page on their website(doh!) which says that following the inspection they will repair or replace.
I will be happy with a replacement if it is offered but i will not accept a repair.
I just checked my emails and i initially mailed them on the 27th so i did inform them asap.
I will just have to let them take it and see what they say.
I am very pissed off with them though as it has been one long screw up from the start.

OP posts:
Beauregard · 07/01/2008 20:39

I will copy and paste it hang on.

OP posts:
Beauregard · 07/01/2008 20:40

here

OP posts:
flowerybeanbag · 07/01/2008 20:42

SOunds like you spoke to a dappy customer service person, but the courier is obviously collecting it for inspection, then, as you say, you can refuse a repair and demand a replacement perfectly legitimately I think.

Bit of a pain though having to go through hoops.

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