I Don't Like Complaining. - Page 3

garinda · 05-07-2006, 23:04

Quote:

Originally Posted by Madhatter

read up on it.
You are not automatically entitled to a refund just because the item you got isn't of merchantable quality, they can offer a repair or exchange. Once you say your not satisfied with the quality of the product in general you are entitled to your money back.

Trust me you are wrong.

If you buy a cream bun and after taking a bite ask for your money back because you are 'not satisfied with the quality'?

Dream on and jolly good luck.

Madhatter · 05-07-2006, 23:07

erm sorry but I bought a pack of cobbles yesterday, and went back to sommerfield today to say I wasn't satisfied with the quality and they said bring them back with the reciept and we'll refund you. I'm not satisfied, they taste doughy to me as if under cooked.

garinda · 06-07-2006, 06:15

Quote:

Originally Posted by Madhatter

erm sorry but I bought a pack of cobbles yesterday, and went back to sommerfield today to say I wasn't satisfied with the quality and they said bring them back with the reciept and we'll refund you. I'm not satisfied, they taste doughy to me as if under cooked.

If they were undercooked they weren't of merchantable quality. Touche!

As Jambutty again said some companies do give no question refunds like Marks & Spencer, that is their perogative, but it doesn't affect your other consumer rights.

(In Lancashire we would have looked at you strangely anyway and asked you why you'd been eatting cobbles!)

garinda · 06-07-2006, 06:28

http://www.consumerdirect.gov.uk/you...s/fs_c04.shtml

Consumer Direct Government site. Explaining consumer right's, plus tips on how to make an effective complaint if goods aren't of merchantable quality.

jambutty · 06-07-2006, 07:27

Quote:

Originally Posted by garinda

I bet Mummiboo has a lot more success at returning faulty goods than Jambutty. Charm goes a hell of a lot further than spouting off your rights, trust me I've seen it from both sides.

Hatter, like Jambutty said it's about the merchantable quality of the goods sold, not if you satisfied with the quality of what you have bought once you've returned home.

This thread seems to be concentrating on electronic and white goods but this thread was started about a faulty can of Coke. The same principles apply about merchantable quality if you are purchasing a cabbage or a Cadillac.

You would lose your bet garnida. Like you I have seen it from both sides of the counter, although my shop-side experience is from some 30 years back and things are different today.

I am always pleasant when returning a faulty item and I never spout off my rights. That only invites a discussion of the shop’s interpretation of the Sale of Goods Act and takes my complaint off topic, as it were.

I explain the reason why I have brought an item back and state what I would like done about it. After that it depends on the response that I get.

In most cases I get full satisfaction although there is always the odd one who tries to drive a coach and horses through the Sale of Goods Act. I’ve even had one shop state that they couldn’t make a refund because they didn’t have enough cash in the till. Any refund has to be made in the same manner as the payment for the goods. In other words if you pay by Credit Card the refund is made to the Credit Card, although if both sides agree a refund can be made by other means.

Sorry Madhatter but you cannot complain about the quality of a bought item AFTER you have bought it, unless the poor quality was the cause of the item developing a defect.

Perishable goods like food and drink can be refunded or exchanged if the quality is not to an acceptable standard (tastes bad or hasn’t been cooked properly etc) but it still comes under the merchantable quality umbrella.

Caveat Emptor! Let buyer beware!

garinda · 06-07-2006, 07:35

Quote:

Originally Posted by jambutty

You would lose your bet garnida.

Your snidey comments about Mummibo's post, just because she works in customer service was uncalled for. You let your pre-judgement of her cloud your view of her very valid comments.

Tut-tut.

Never lost.

jambutty · 06-07-2006, 07:52

What snidey comments are you referring to garinda?

MUMMIBOO · 06-07-2006, 11:01

Oh jambutty you never fail to amuse me and have accomplished this task again,

How can i match up to your 52 years buying power?

You say you have been around the 'buying goods' block a few times i certainly dont dispute that.

You make me smile jambutty what do you think site security will do to you? (take you out back and give you a good kicking) i think not.

You refer to my attitude to customer complaints is typical of many stores and they get away with it because most customers are whimps (would this be the catagory that busman would fall into in your view) and will complain to their spouse/neighbours but melt when confronted with a store manager!

Would this not tell you something jambutty! does this not tell you that you are not always right and that these whimps (your words) actually see the store managers perspective?

You want me to answer if someone returned faulty goods to my store and forced me to make a refund, what happeneds to the defective item? Well firstly i am Never forced into giving a refund customers are either entitled or they are not! i dont know where you think i work but we most certainly do not have a group of elves who work upstairs fixing all the faulty goods!! they are riffed and returned to the manufacturers as we do not make the items we only sell them.

My job is to provide good customer service to all the customers that means helping them to the best of my means and also on occasions going beyond the call of duty and going that little bit further to help the customer 'treat others as you wish to be treated'.

I work for a multi-million pound company who didnt get where they are today through giving the customers a rough ride.

Do you really think that other customers would walk out of the shop because you have made yourself a tabbard that states " CURRYS HAVE ROBBED ME" i think it would attract more customers to see the spectacle you would be making of yourself for a gentleman of your age that would seem rather childish dont you think.

Madhatter you dont know me and have never spoken to me how can you say i would be fobbed off with a repair? all i can say to you is i am rather more intelligent than you give me credit !

The link that Garinda has kindly provided should help you to get the knowledge you need.

jambutty · 06-07-2006, 16:13

Happy to be of amusing service MUMMIBOO.

The point of the tabard was as an absolute last resort and it never came to that. Had it done so it would have been about publicity of my complaint, namely that Currys were not obeying the law relating to the Sale of Goods Act. Not only not obeying but pointedly refusing to do so.

I have no idea what the effect would have been other than the shop security or police being called and I was prepared for that and anything that would follow. As for the customers most of them would have been embarrassed by the situation and would distance themselves to some other part of the store. I doubt very much if it would have affected their shopping habits. In any case I wasn’t looking to damage their trade just to get the refund that I was entitled to claim under the SoGA terms. Sometimes you have to go to extreme lengths to get your rights. But it is not being childish – just determined. But if you think it was childish who am I to argue with you.

I wouldn’t dare to presume what category busman falls into or even if he falls into any category. I don’t know the person other than by reading his contributions to this forum and that is not enough to form an opinion by on this issue.

It isn’t about the store manager’s perspective but about the LAW relating to the Sale of Goods Act but the actual law itself. However different people interpret the law in their own way to enhance their own case and store managers are no different. Even customers come in with a pack of half truths and even outright lies in an attempt to get a refund, replacement or repair without cost to themselves.

One thing that I do know is that most people, particularly older ones, will accept what the returns person states without question because of the authoritative position s/he represents and they are not thoroughly familiar with the SoGA. What I call wimps. Some stores, particularly electrical goods stores display a sign that states something to the effect of “no refunds after 28 days”. That is a load of baloney and has no legal standing whatsoever, yet they still try to enforce it and because it is an official looking notice customers accept it without question.

I have no idea where you work but from all accounts you do your job as I envisage it should be done which is fine but another person in another store may not be so conscientious. Indeed previous dealings with Currys over many years were satisfactory but then it was a different store with different staff.

It is a moot point if a defective item is returned to the manufacturer and repaired can be sent out again as new. I take the view that it would depend on the repair and how old it is. If it is replacing the defective part with a factory new one then it can be classed as new but if the defective part was repaired then it makes it second hand and to sell it as new is fraud. Sorry that is getting off topic a bit.

The point of all this is that both the seller and buyer have rights and not only should we buyers become familiar with our rights we should also become familiar with the seller’s rights.

Madhatter · 06-07-2006, 21:59

Quote:

Originally Posted by garinda

If they were undercooked they weren't of merchantable quality. Touche!

As Jambutty again said some companies do give no question refunds like Marks & Spencer, that is their perogative, but it doesn't affect your other consumer rights.

(In Lancashire we would have looked at you strangely anyway and asked you why you'd been eatting cobbles!)

It is only my opinion that they were undercooked.
They are hovis cobbles, the same omes that your suppermarket sells, we have batches here, unique to this small area.
And your still wrong. both of you, you claim you know what your talking about preaching to mumibo but you don't.

Madhatter · 06-07-2006, 22:04

The law says that goods must be:

Of satisfactory quality - goods must meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all other relevant circumstances. The quality of goods includes their appearance and finish, their safety and their durability. Goods must be free from defects, even minor ones, except where these defects have been brought to your attention by the seller (perhaps the goods are being sold as 'shop-soiled').

whether they say it's faulty or not if you take something back because your not satisfied with the quality, your entitled to your money back.
If you take something back that is faulty, they usually try to fob you off with a repair, or replacement, they argue thats all your entitled to. You have the rights to say no, your not satisfied with the quality and want your money back. Once you've said that they have no right trying to fob you off with a repair or replacement. I've been through all this with a video dewoo video recorder and argos, it kept setting the date to 2007 when it was 1999 or osmething like that, argos sent it off, the repair company said there was nothing wrong with it, it came back the same. Dawoo said it was a known fault but it was the bbc sending out the wrong signals via the rugby clock. The bbc said it was dawoo building crap video's. I got my money back and bought a bush. A bush in the hand is

Currys are awkward though, I wouldn't buy from them, they have a terrible reputation for not giving refunds or sorting problems. We had a large microwave grill bought us as a present. It turned out to be jinxed. If I knew the problems it would cause us it would have gone in the skip in it's box.
The keypad kept comong loose, a gap between the membrane and the hard back panel, so you had to press a touch sensitive button in about 6 mm before it would work, the buttons were in effect floating in mid air, curry sent someone out several times to fix it but it returned. in the end they refused to repair it again, refused to swap or refund, and refused the problem existed even though they'd repaired it. Sharp refused to admit it was faulty, and we'd have to pay for an independant tester to prove it.
I still think all this was because we hadn't bought it. If i had the reciept and had took it back to the original shop I'd have probably got it sorted by showing them the problem.
In the end it got pinched, then sold then the thief commited suicide, so god help whoevers got it now

MUMMIBOO · 07-07-2006, 08:42

Quote:

Originally Posted by Madhatter

It is only my opinion that they were undercooked.
They are hovis cobbles, the same omes that your suppermarket sells, we have batches here, unique to this small area.
And your still wrong. both of you, you claim you know what your talking about preaching to mumibo but you don't.

Do you spell my name wrong everytime on purpose Mr Madhatter?

jambutty · 07-07-2006, 10:37

Calling a person by the wrong name or misspelling it is a puerile way of trying to establish an air of superiority over that person MUMMIBOO or downright laziness.

Either way it is at the very least discourteous or just plain rude.

The answer is not to respond to anyone who does not take the time and trouble to type your username as it is.

That’s what I intend to do in the future.

Some people will argue that they are just being friendly but that doesn’t wash with me. My parents gave me my real name and I chose my user name so people should use them and them only.

Apologies to busman747 fro the drift off topic?

Madhatter · 08-07-2006, 01:05

Your right I'm just too lazy, I certainly don't see how misspelling anything can establish anything at all, other than I either don't know how to spell something, or I'm very tired through going to work, or I'm using bad equipment.
Accusing someone of being discourteous or just plain rude for any of the above is just plain discourteous and rude.

It could be said that mr Madhatter is not my name. Perhaps I should ignore everyone that call me Joe at the meet, Joe isn't the name my parents gave me it's a shortened version of it. I think I'd be very petty if I did though.

We'll test this new ruling by saying what our point of view is, then misspelling your name on purpose and see if you bother replying to tell us that we're wrong.

jambutty · 08-07-2006, 12:39

Calling a person by the wrong name has long been a tactic by some people to try and show that the person they are addressing is insignificant. Wrong name does not include shortened versions or recognised nick names. In real life I respond to James, Jim, Jimmy, Mr Buckley, James Buckley or Mr James Buckley or just plain Buckley. I do not respond to anything else. How could I? I wouldn’t know that I was being addressed if any other name was used.

Likewise on the forum my user name is jambutty, not jambuttie or jam or butty or JB. It is simply a mater of courtesy and if the courtesy is not forthcoming then it is plainly rude or lazy. The Antonym of courtesy is ‘bad manners’ and a person with bad manners is deemed to be rude.

I only know you as Madhatter on this forum and to call you by anything else is a discourtesy on my part. What they call you at work has no relevance.

Once again apologies to busman747 for drifting off topic but Madhatter strikes me as being the argumentative sort that will argue the toss come what may.