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Where do I stand legally

Discussion in 'Home Cinema Buying & Building' started by Noggin1980, Aug 16, 2005.

  1. Noggin1980

    Noggin1980
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    Hi,

    I purchased a PV500 from Wav Direct a week ago on Saturday. I contacted them on the monday and asked when it would be delivered and was told Thursday or Friday. On Wednesday I phoned again and asked which day it was to be delivered and told Friday. On thursday I phoned once more to double check it was coming Friday before taking a day off work and was told it was.

    Friday came and I sat in the front room all day waiting for delivery (I'm in a wheelchair and so have to be in the front room or won't get to the Door in time) At 3pm I phoned to check what was happening and was told that delivery can be till 530pm and promptly hung upon the second he finished the sentence.

    At 5pm I phoned again and asked them to ring the delivery company and check what was happening, they agreed and told me they would ring back in a few minutes. 30 mins later and no phone call I rang again and he told me he had rung and the TV was on the lorry but its to late for it to be delivered now. He said it would be monday till I recieved it and refused to arrange a saturday delivery so another day at work wouldn't be wasted. I asked for the delivery companys phone number and he said he wasn't sure what delivery company it was and he would get the number and ring me straight back (surely if he had rung as he had promised he knew what delivery company it was?) I said that he had failed to ring me back before and he promised he would ring back before they closed at 6. At 5.55pm after reciveing no call I tried to ring them but the phone just rang and rang for 10 minutes.

    So Monday arrived and another day of sitting in the front room for 10 hours was upon me. I spent 25 mins trying to ring them and at 11pm I got through and spoke to the manager. He promised to ring the delivery company and find out what was happening and ring me back. An hour and a half later he hadn't called me so I rang again and was told that the TV had been damaged in transit and they would have to send another.

    I asked if there could be any discount for the lost days at work and was told no chance. I asked if they could use the same day delivery service so I wouldn't have another 10 hours in the front room and a days wages lost. No chance was again the reply. I was told "You used a mail order company to get it cheap you have to expect service like this" :mad: They would send the TV with a different delivery company (DHL) and I would get it tomorrow.

    So I sat in all day again, I rang and got the dhl tracking number and again was hung up on as soon as he had given me the number ie he read me the number and I said thanks I'll just check that "click" hung up on.

    It turned out that the TV was overweight so DHL couldn't deliver, after phone calls to them we tried to go get it ourself from the DHL depo but it wouldn't go in the car, DHL kindly delivered it out of hours once there was 2 drivers availible at the same time as one person is not allowed to deliver such a heavy product.

    So while upset and frustrated at the worst customer service I'd ever recieved we were excited to set the TV up. An hour later and with 4 persons help we just couldn't get the TV onto the pedestal. Looking up the pedestal code on the net showed they had sent us the wrong pedestal.

    So what can I do now? Getting them to send another one could me another 20 hours of sitting in the front room and 2 more days of work missed. Is it possible to buy the PV500 pedestal seperatly from somewhere like comet?

    If we buy it somewhere else where do we stand legally asking for the money the pedestal cost from comet to be taken off our bill? if they refuse to do this can I ask my credit card company to deduct the price of the pedestal from bill? I assume they have already taken the money. Of course they would get the wrong pedestal stand back. Would I be ok demanding they come and pick that up and saying the weekend is the only acceptable time?

    I was so looking forward to this TV and Wav Direct have completly spoiled it for me. I've never spoke to such rude and unhelpful people.

    I appologise for the length of this and thanks alot anyone who can help me.
     
  2. GrahamC

    GrahamC
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    Distance Selling Regulations mean you can send it back within 14 days without any reason. they have to cover the expence of collection. Just say stuff you and send it back and take your custom elsware. You could say well I've got it now .... but what if it breaks down, you could phone the helpfull chap I supose. :rolleyes:
     
  3. Noggin1980

    Noggin1980
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    I really don't want to send it back though and have to deal with another company and take more time off work and more time sitting alone in 1 room in the house constantly looking out the window for a delivery van.

    I'd like to know.

    1) Can the pv500 pedestals be brought seperatly from somewhere like comet?.

    2) Can I then ask the company to take the price of the pedestal (from comet) off the bill I have payed (even though the TV and ped arn't listed seperatly on my invoice, and I would want the full ammount comet charge?)

    3) if the company says no to 2) Can I ask my credit card company Egg to take the lets say 150 pounds back off them even though I've already payed?

    Thanks, I want to make sure I know my rights before I speak to them tomorrow.
     
  4. Sulis

    Sulis
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    Not much consolation, I know, but I bought a 37PV500 without a pedestal or stand, and it sits very happily on the floor without any other support. Much better than being up at picture height (or over the fireplace)...
     
  5. Steve Zodiac

    Steve Zodiac
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    Sorry to hear about your difficulties with the plasma.

    Like Graham says, get Wav Direct to pick it up and give you a full refund - you are legally entitled to one. There are many companies out there who would provide you with a much better service now and in the future if required. If you really don't want to send it back just tell them they have 48hrs to get the correct stand to you or you'll ask for you money back. They certainly will not want to pay the cost of picking the plasma up and give a full refund.

    I'm sure that a credit card company will not get involved with partial refunds.
     
  6. Noggin1980

    Noggin1980
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    Thanks thats what I feared. I know the company don't deserve the money but I don't want to lose more time and work and spend more hours in the front room waiting to get it from another company. The same applies to them sending a stand within 48 hours. They won't deliver the stand a weekend so them deliverying it to me will involve 1 or 2 days off work and stuck in the front room.

    I've found that currys sell the stand for 150 pounds. So All I can hope for is that company will collect the old one and give me 150 pounds but legally there is nothing I can do to force that?
     
  7. Steve Zodiac

    Steve Zodiac
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    I don't think you can legally force anything other than a full refund - but I'm not a solicitor! Trading Standards are very helpful with these issues and their help is available for the price of a phonecall. I would have thought that most companies would rather give you back the price of the stand than lose the whole sale and pay the collection cost of the screen and stand.

    Good luck.
     
  8. ChrisNic

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    I would make the threat of taking the full refund that you are clearly entitled to and see if their attitude changes, unless they are really awful I would expect them to try restore some faith rather than loosing the sale.

    If it were me I would take the refund and take my business to AVsales who provided me (and many other forum members) with a great service (even when their was a small problem) but I do understand why you are reluctant to go down that route.
     
  9. strees

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    Just to clarify, whilst you can return under the distance selling regulations you are responsible for the cost of return carriage, not the seller. The only exception is in the case of faulty goods.
     
  10. Badger0-0

    Badger0-0
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    I'm having exactly the same problem with PIXMANIA.

    I waited for a fortnight, got lied to 3 times, cancelled twice and the status still says "being prepared". I phoned again to confirm the status and got another load of B******s. I said "how so, I've cancelled twice??".
    They've lied again since and having taken my dough, will send the product, which they never had in stock in the first place,(although they said they did) regardless of what I do. I will then have to pay to send it back.

    I really do feel we need an outlet for this type of thing.
    I suggested a feedback forum, but got knocked by the mods :(
     
  11. whizzwheels

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    Sorry to hear you have been messed around so badly by this outfit. I can relate to that. When I had a similar problem with another internet company, (if it's any consolation) they were so disorganised I ended up not having to pay for the item at all!

    I have just ordered the same TV, but I know I have to wait until September for it to be delivered, as Panasonic are out of stock. I think most places will be the same. As you say, I would hold on to the TV you have and try to get the right stand somewhere else.

    If you bought the product by credt card, you could phone the credit company for their advice. You have been issued with a faulty product.

    Alternatively, check your home insurance policy. You could have Family Legal Protection included for a small fee. That means a lawyer will be available to give advice on the end of a phone 24 hours a day (if my Direct Line policy is anything to go by?). I have used their legal service a few times for problems like that. Good luck.
     
  12. av2diefor

    av2diefor
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    I really do feel we need an outlet for this type of thing.
    I suggested a feedback forum, but got knocked by the mods :([/QUOTE]

    i can understand where the mods are coming from,each case is different and if retailers were slagged off for every little misdemeanor there would be no forum!

    I can understand everyone's frustration though, i have been a victim myself from pixmania, ebay and digital-direct, faulty goods returned and i had to pay the postage(interesting point strees)


    Just to clarify, whilst you can return under the distance selling regulations you are responsible for the cost of return carriage, not the seller. The only exception is in the case of faulty goods.
     
  13. Badger0-0

    Badger0-0
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    I know what you mean but it could also include good service.
    The reason it got knocked back was cos it might turn into a flame thread.

    I mentioned the Tiny threads, which were the biggest flame ever,IMO, but there you go.

    I think I'll start my own website, slag 'em blind, invite others and let them sue me. I have all the proof, so they don't have a leg to stand on.
    Only problem is I paid with a debit card. The b*stards took the dough , even though they knew it wasn't in stock.

    PIXMANIA are LIARS. com sounds good.
     
  14. Noggin1980

    Noggin1980
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    Thanks alot for your advice. Doesn't look like there is as much on my side as I'd have hoped.

    I'll do the 25 mins of the phone ringing out when they open and hopefully eventually get to talk to someone and sort it out.
     
  15. Alan A

    Alan A
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    I would say that this is the case as it is "not fit for the purpose" without the proper stand.
     
  16. tetrarch

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    Hi Noggin,

    Remember that as you paid by credit card that your Credit Card Company are now legally a party to the contract.

    The contract has not been fulfilled and therefore you have a LEGAL RIGHT to be refunded. Unfortunately, you cannot claim for incidental costs (such as staying off work)

    The upside is that they have to collect at their own cost at YOUR CONVENIENCE. My FIL had a huge problem with a Sony TV and eventually after three months of missed appointments the Sony shop would appear to have let him keep the loan TV he had.

    Call your CCC immediately and start the ball rolling for the refund. If you are lucky the refund will not be contingent on the collection.

    Regards

    Tet
     
  17. diverse

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    if you order and paid for a stand and they did not supply it that is a material breach of contract.

    Under section 36 of the Sale Of Goods Act you can reject an item and not have to return it (unless otherwise agreed between the parties).

    You should write a letter, fax or email, giving them 7 days to remedy their breach otherwise you will buy the item elsewhere for the best price and availabilty always use the phrase "time is of the essence".

    Then look on the web, print off at least three (more is better) proof of cost and buy from the cheapest.

    If over £100 and you paid by Credit Card then they are jointly and severally liable under section 75 of the Consumer Credit Act and you can claim the money from them!

    Buy the item and send a copy of the bill to the company as well as the Credit Card company and give them 7 days to pay up.

    if you get no joy get in touch with your household legal helpline (if you have one) or Citizans Advice as to how to issue legal proceedings.

    Most Credit Card Companies on such a cut and dry case will not defend the case, but do not be surprised if they do!

    I am not a solicitor, just a punter who has been $crewed many, many times!

    GOOD LUCK!
     
  18. Noggin1980

    Noggin1980
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    Thanks very much for your advice everyone, after over an hour this morning they have agreed to pick up just the stand and outside of buisness hours so I don't have to sit in the front room all day and to refund the money for the stand so I can go buy it from a retail shop today.

    He couldn't tell me how much money I would get back from the stand until he had worked it out so I guess I will lose some money there but if that loss is less than 30 pounds or so I'm happy.

    I just want it over and to enjoy my new TV :smile:

    Thanks again, knowing my rights really helped with being knowledgeable and confident in the discussion with them.

    Edit so fingers crossed I'll be enjoying Lost and maybe a DVD on my new TV tonight :thumbsup:
     
  19. orange66

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    I think this thread makes a great counter to the one posting PV500's for the cheapest price. In the end I went with Dixons, I know they do not know their *sses from their elbows, but they have a huge logistic chain, and they delivered mine on time with no fuss. I don't think I will ever trust my money to a web site I have never heard of before, again.
     

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