Diddly's fight with Pixmania.......

[diddlydee]

Re: Diddly's fight with Pixmania.......

Mr Niddles, are you implying that I am half a twat? Diddly doesn't do things my halves!!!

[diddlydee]

Re: Diddly's fight with Pixmania.......

Thanks for your input CC.

I do love this forum; so much useful advice and expertise!

I'll give James his 24 hours then send him a further email linking to here per Niddy and think about creating a "letter before action"

In the meantime, all holidays are cancelled - Diddly can't be doing with watching the little TV !!!

[stevieb]

Re: Diddly's fight with Pixmania.......

Getting your goods repaired or replaced
If there is something wrong with your goods and you aren't entitled to, or don't want to get a full refund, you can ask the trader to either repair or replace them for free instead. You might not be able to get a full refund if, perhaps, you had the goods for too long before realising there was a problem, or before the problem became obvious.
If you take the goods back within six months of buying them, the trader must accept that they were faulty at the time of sale and offer to repair or replace them. If the trader doesn't accept that the goods were faulty, they will have to prove this.
If you have had your goods for more than six months when they go wrong, you can still ask the trader to repair or replace them, but you may have to prove that they were faulty when you bought them if the trader doesn't agree. You can ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long. If the goods go wrong after six years (or five in Scotland), you no longer have the right to ask for a repair or replacement.
If the trader agrees to carry out a repair or provide a replacement, they must do this within a reasonable period of time, and without causing you any significant inconvenience. If you ask the trader for a repair but this turns out to be impractical or to be too expensive, the trader doesn't have to repair your goods, but you can choose to have a replacement instead. In the same way, if you have asked the trader to replace your goods and this turns out to be impractical or too expensive, the trader doesn't have to replace them, but you can choose to have a repair instead.
If neither repair or replacement is practical, you can ask to get some or all of your money back. You can also ask to get some or all of your money back if:
replacing or repairing the goods would cost more than giving you some or all of your money back, or
the trader did not replace or repair the goods within a reasonable period of time, or
the trader was not able to repair or replace the goods without causing you significant inconvenience.
How much money you can get back will depend on how much use you have had out of the goods. You will probably only be able to get some of your money back if:-
the goods had worked for some time before they went wrong, or
they still work but their appearance has got worse, or
only one of their functions has failed.
However, if you have been able to get no, or little use out of the goods, and/or repairs have been unsuccessful, then you will probably be able to give back the goods and get all of your money back.

[diddlydee]

Re: Diddly's fight with Pixmania.......

If you have had your goods for more than six months when they go wrong, you can still ask the trader to repair or replace them, but you may have to prove that they were faulty when you bought them if the trader doesn't agree

Surely that is impossible for me to prove? Does "fit for purpose" not mean that a TV should last for more than two years, irrespective of reason for fault (unless of course I battered it with a frying pan, which I didn't!)

[Never-In-Doubt]

Re: Diddly's fight with Pixmania.......

Surely that is impossible for me to prove? Does "fit for purpose" not mean that a TV should last for more than two years, irrespective of reason for fault (unless of course I battered it with a frying pan, which I didn't!)

Did you read this?

He says: 'I saw the story about the EU ruling and longer warranties and phoned Consumer Direct [the government-funded consumer service - 08454 04 05 06] to ask about it. I was told that in fact in the UK, for many years our rights have actually extended to a much longer period, sometimes up to six years. The guy told me to ring Currys' customer care people, not the manufacturer, and tell them that I considered them in breach of the Sale of Goods Act 1979.

'The guy at Currys told me to get the TV assessed, which Mum would have to pay for, to find out exactly what the problem was, along with a price for fixing it.

'We then had to write to Currys stating the breach of the Sale of Goods Act. I said something about the durability being unacceptable for a £600 product along with the assessment/estimate, and they said they would look into it. The repair cost was around £150 and they wrote back telling her to go ahead and get it repaired and to forward all costs to them, which they would reimburse, and duly did.

Read more: http://www.thisismoney.co.uk/money/b...#ixzz1ZQhBbMFy

[stevieb]

Re: Diddly's fight with Pixmania.......

I was getting on to that .. there is another thread somewhere on here where it is covered more in depth.

it runs something like
0-6 months no quibble
6 months - 1 year .. slight argument
1 year - 2 year bigger argument depending on cost of item etc, sales of goods act and eu directive article 5 can come into play
2 year - 6 years sales of goods act, fit for purpose, yadda yadda yadda.
its a case of sticking to your guns and you will win. The 'retailers' tend to fob you off as they have little to no training in the sales of goods act, and the eu directive's until you get further up the food chain.

you are correct in that your 'agreement' was/is with Pixmania _not_ curry's this is a classic pass the buck as they do not want to deal with it. curry's usual is that you have to go back to the manufacturer ... which again is complete tosh as the contract is/was with the retailer.

having walked through a similar situation recently 7 days is considered reasonable time for them to reply to a letter, 3 days for confirmation of receiving the letter. (we played curry's management like a fiddle) they came out with all sort of tosh about having to have it 'authorised' by the manufacturer which as we pointed out was none of our concern. we ended up accepting a newer led screen in replacement for the faulty lcs screen

[CleverClogs (RIP)]

Re: Diddly's fight with Pixmania.......

(we played curry's management like a fiddle)

You stretched them tight and stroked them with horsehair?

[diddlydee]

Re: Diddly's fight with Pixmania.......

Diddlys latest email to customer service director of Pixmania:



James.

I write further to my email of yesterday morning, a copy of which is attached for your ease of information.

As I do not yet seem to have received a reply to my complaint I wanted to provide you with some additional information which may assist you when considering your reply.

My invoice, which I have attached, is clearly from Pixmania, so irrespective of who you chose to deliver the product to me, my contract is and always will be with Pixmania and not Currys.

Therefore, under UK law it is Pixmania who are responsible for providing me with a either a repair, replacement or refund of these goods. Goods which are FAULTY as they have not lasted even two years.

I would also like to provide you with a link to my thread on a UK forum. This forum is a consumer advice forum solely set up for the purpose of assisting consumers to fight for their rights. A forum on which I am a moderator. A forum which also has the force of legal advisors and experts in this field. A forum which is successful.

http://forums.all-about-debt.co.uk/showthread.php?t=3243

With the above in mind, you may see that you are not dealing with just an ordinary customer who will go away, you are dealing with someone prepared to fight for what is their rights as a UK consumer.

James, you do have a choice in how to proceed with this matter. Either:

a) do the right thing and resolve this matter to my satisfaction;
b) continue to fob me off with "warranty" quotes and force me to take further action against Pixmania.

The choice is of course yours, but you and I both know that I will not go away, and Pixmania cannot win and argument which is clearly backed by UK & EU law.

Over to you.......

Diddly

att: invoice ref xxxxxxxxxxxxxxx

[Never-In-Doubt]

Re: Diddly's fight with Pixmania.......

Well done, nice letter - another that'll be going in our customer database of example templates (when it's live)

Lets see how that goes - good luck

[kilasuit]

Re: Diddly's fight with Pixmania.......

Good to see that your dealing with someone other than a lower level monkey.

[diddlydee]

Re: Diddly's fight with Pixmania.......

Well Kila, the monkeys, bots or whatever we may like to call them were given three chances to assist. Each time they replied with a nice template bog standard "we don't give a hoot about you - do one" reply.

I also tried ringing them, but was put through to a customer service centre in France...... they "apparently" don't speak English so unless I want a pint of beer, a lemonade, duck in orange and a family room for the night I didn't have much chance of explaining the situation!

However, if anyone would like me to assist them with booking their forthcoming holiday to France, just give me a shout!

Diddly x

[CleverClogs (RIP)]

Re: Diddly's fight with Pixmania.......

I also tried ringing them, but was put through to a customer service centre in France...... they "apparently" don't speak English so unless I want a pint of beer, a lemonade, duck in orange and a family room for the night I didn't have much chance of explaining the situation!

Did you try SHOUTING AT THEM?

[philnicandamy]

Re: Diddly's fight with Pixmania.......

Hmm reminds me of the IT crowd scene a while back

[philnicandamy]

Re: Diddly's fight with Pixmania.......

however I did have a family friend a while back with similar issues...they finally managed to speak to someone (via email) called rachel@pixmania.com she called herself a customer mediator one of a team I believe at

mediator_uk@pixmania.com

A couple of other e-mail links at Pixmania/Photovista are:

s.rosenblum@fotovista.com is Steve Rosenblum. He is one of the bosses.

this was around July this year...dunno if its worth a shot?

as well...pixmania are part of the photovista group heard a few sucess stories from people who emailed their CEO to complain about the goings on with pixmania

http://en.wikipedia.org/wiki/Fotovista

[CleverClogs (RIP)]

Re: Diddly's fight with Pixmania.......

however I did have a family friend a while back with similar issues...they finally managed to speak to someone (via email) called rachel@pixmania.com she called herself a customer mediator one of a team I believe at UK mediator_uk@pixmania.com

this was around July this year...dunno if its worth a shot?

It may be, but I'd really not expect Poxmania to comply with UK consumer law, because (link 1, link 2) they are part of the Dixons Stores Group conglomerate. Consequently, they may regard compliance with consumer legislation as optional or even as a sign of weakness.