Anyone bought from Digital Direct??

[Kula]

Reason I ask is on the 8th dec I ordered a JVC AV32T25S online. All seemed to go ok. I got a reply email straight away saying that my order had been received. I waited a couple of days but no other contact from them. So I checked their online order status and it said "scheduling delivery" fair enough. Another couple of days went past and still the same so I phoned them and the guy I spoke to said that my order had not yet been processed despite my credit card company stating that Digital Direct had already taken the money.

So I decided to call the delivery company direct on the Friday and they said that they have got my order and would contact me to arrange delivery the next day. Hot a phone message on Saturday 13th dec stating that the tv would be delivered monday afternoon. Great

So TV arrived as scheduled

However there is a problem with the set. Coluor Purity is what I would deem not acceptable ie dark patches/dirty screen. So on the morning of 18th dec I filled in an online "customer service fault form" as required by the terms and conditions. I waited a week and heard nothing from them so I sent an email to which I have not received any response.

In their terms and conditionsit states "8.4. Goods that have been purchased and developed a fault within 14 days of receipt you will need to click here and fill out a fault returns form. On receipt of your form the goods will be collected, inspected and replaced if they are not working to manufacturer’s specifications. All goods working to manufacturers will incur collection, inspection return charges minimum of £50.00. In the event of the customer refuses to take such goods back you will be liable to a 25% handling fee off the purchase price."

It is now more that 14 days since I took delivery of the tv and in T&C it states "7.1. All goods over 14 days since receipt by the customer will be repaired inline with the manufacturers guarantee"

SO does this mean that I do not get the chance of a replacement only a repair??

I know its Christmas time and these places are no doubt busy, but its over two weeks since I first reported the fault to them and I havent had any response from them at all. I've tried phoning a couple of times but the phone just keeps ringing out.

Any suggestions on what I can do about this situation??

Has anyone else had any problems contacting Digital Direct??

ps sorry about the long post guys

[hmsq]

you basically are in the same boat as, me the problem is that people like these refuse to understande the meanign of long distance selling even telling them it is the law they still figure they can scrws out of our money! I'm still waiting on a refund on my tv bought a new one now as i had been for 2 months without telly!
I would say seek trading standards advice! I did!

[alfablue]

A vendor can put anything they like in the T&C's, if they are contrary to the law (your rights under consumer legislatiuon hold the vendor, not the manufacturer responsible, and you have the right to reject the goods, not accept repairs), then the T&C's don't count.

Distance selling regs also allow you to return the goods without reason or penalty, within 7 days for a full refund (re-stocking fees etc, are NOT allowed to be deducted).

[alfablue]

I would suggest you take some digital pics of the screen (get a white background if poss, say by pausing a DVD), for future reference.

Send a "Signed For" letter (recorded delivery - this is most important), saying you are rejecting the goods because of this fault, and require a full refund, and they have 7 days to arrange collection (at their expense).

Then after they fob you off, 7 days later, send another recorded letter, entitled "notice prior to action", and say that the refund is required within 7 days of receipt, or you will be going to the small claims court (and mean it).

Go to the Lord Chancellors or Court Services website and download all the neccessary court forms and help leaflets. Be prepared to sue. It only costs a smallish fee, and there are no extra costs if you lose. No lawyers are involved. Most companies will settle rather than travel miles to attend court, etc. Just get tough!

By the way, the digi photo's will be evidence of your claim, but you may need to get an expert opinion, (TV engineer). You will have to include their costs, and any other expenses in your claim. It helps if you warn in your "notice prior to action" of all the likely additional costs in your claim.

I have been through this a few times, and (sadly!) have never had my day in court, as if you go about this professionally it usually concentrates the dealers mind considerably.

ps. I'm not a lawyer, so i say the above in good faith, but make no claim as to it's accuracy should you rely upon it (gosh - i sound like a lawyer!!!).

[Kula]

Thx for the advice guys. I was really wanting to get this sorted out without any hastle but it looks as though this could be the start of something very tedious.

[alfablue]

Unfortunately it's often the way Kula, but if you get in with a suitable letter (as above) some companies will get into line very quick so you then save weeks of wrangling and worsening relations between both parties.

As soon as I get a no-response to a complaint (or some BS reply)I do this now, 'cos they clearly indicate their going to give the runaround.

I do buy a lot of stuff online, and its easy to imagine it is a worse experience, but I have had problems with even major high street chains who flout the law (what about those electrical stores improperly selling extended warranties...).

How often have we heard that "we can only offer a repair", or "it has to go back to the manufacturer" - both are contrary to our rights.

I even had to explain consumer law to an Ik*a manager recently, and the guy said he had studied this at uni! (the embarassing thing was, he studied at the Uni where I teach, and he didn't know what he was talking about).

Having said that, Ik*a is brilliant, of course!

[Supra]

I had a similar problem a while ago, where tyhe vendor would not abide by the distance selling regs.

Get in touch with your credit card company and let them deal with it for you.

Make sure you keep all records of tel calls, letters etc.

I had a problem with a company based in bolton, got advert from what hi fi, they delivered the wrong speakers.

I rang them up, thay became very abusive, even though I was in my rights.

In the end they I got my money back from the credit card company, kept the speakers and gave them to a mate.

I did write to the company concerned saying i was leaving them outside my house for collection.

Good luck, all in it took me ten months to finally resolve the matter.