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Audi reneges on free dinner offer

Siobhan Yap was offered a free meal by an Audi garage which damaged her car ran up a £700 bill at a Michelin-starred London restaurant.

She bought a £20,000 car from Audi in Watford and the car was damaged before she took possession. She says she asked for a refund and they wouldn’t give it to her but they did offer a repair. They also gave her a courtesy car I believe which covered the inconvenience. They also said as a goodwill gesture, have a meal for two on us. So she did. She treated her mother to dinner at L’Atelier de Joel Robuchon in Covent Garden. Here’s the bill:

Audi offered to pay £200 and have now offered half. The item was discussed on a phone in on Three Counties Radio and at the end of the show presenter Jonathan Vernon-Smith was undecided about what he thought and was going to contact Audi with the opinions shared on the show and Siobhan’s responses and see what happened.

So the obvious came to most people’s mind who rung up the show:

1) Serves Audi right for not giving an upper limit and they make enough profit
2) Good on her, amusing
3) Morally wrong, Audi would not have expected anyone to spend as she did, nor so much on alcohol

I was asked to speak! For me, it is difficult because I would not have let it get to this stage. I would have had the full refund thank you very much. One is entitled to that in this case. The law covers cars! Here are your rights when buying goods and services. However, according to Siobhan she tried this and Audi refused. Don’t take that rubbish – see Tips here. Lots more advice in the book of course 🙂 Right back to the story.

As Siobhan said, so many people don’t know their legal rights so companies like Audi can get away with fob offs. So once in this situation are there any rules? Well Audi were stupid, frankly. An upper limit should have been set and so I am tempted to say that they got what they deserved. However, one could assume that they didn’t say “Enjoy yourself at an experience/have a slap up meal”. So where does she stand legally? Well under the Sale and Supply of Goods Act 1994 a consumer has an obligation to be reasonable. So this would be a good test case! Would a judge see a meal for £714 reasonable? If so she wins the outstanding balance if not she doesn’t.

So what do you think? What would you have done?

 

 

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How to end 3 problems with your mobile ‘phone (& get your money back)

 

I get so many requests for advice about mobile ‘phone contracts and communication companies generally. I do seriously believe that the communication companies are the worst for communication. So because of this, I thought it would be helpful to write a post about your rights when it comes to mobile ‘phones. You’re welcome.

Problem number 1 – ‘phone develops a fault

Your consumer rights are the same for when your mobile ‘phone develops a fault as any other product, but in my experience people are frequently getting fobbed off with lines such as “Send it back for repair” and “Contact manufacturer”.

If your ‘phone forms part of your mobile ‘phone contract, your claim would be against your mobile ‘phone service provider and you may be entitled to a free repair or replacement as part of your contract. Check the terms and conditions in your contract for what you are entitled. However, regardless of the contract you retain your rights under the Sale and Supply of Goods Act 1994 (for items/services purchased before 1st October 2015) or Consumer Rights Act 2015 (for items/services purchased on or after 1st October 2015) to goods that are satisfactory, fit for purpose and as described. Most companies in my experience will fight this and certainly after a year will say “tough” one way or another. Personally I believe that a ‘phone should last more than a year and I would be prepared to test this in court and set a precedent but unfortunately my phone of over two years hasn’t broken! But I’m ready and waiting to help if anyone wants to try it!

If you bought your ‘phone without any contract then your complaint is always against the retailer and not the manufacturer. You may have a guarantee with the ‘phone and after 6 months you might want to claim on this with the manufacturer, but go to the retailer first who might also contact the manufacturer directly for you.

Problem number 2 – network coverage

There are currently no rules regarding poor network coverage. Even if you move house, you are unlikely to be successful in cancelling a contract for poor network coverage if in the provider’s terms and conditions it allows for breaks in coverage. However under the Consumer Rights Act 2015 a service provider must provide the contracted service with reasonable care and skill. I would argue that the service was not being carried out with reasonable skill and care if they can’t give you any service! It was reported in the media that in 2009 Tom Prescott took Orange to the Small Claims Court and gained £500 plus free cancellation of his contract when he couldn’t get coverage on his 18 month contract. So threaten it and quote this case.

Problem number 3 – mis-sold contracts

It is extremely difficult to successfully complain about mis-sold contracts. That doesn’t mean you should not do it however! It is just that in my experience dealing with mis-selling of a contract was one of the most annoying and tedious complaints to deal with. The fob offs come thick and fast and I’m sure put many people off. I undertook a case for someone regarding this and it was a lot of work and a lot of emails to CEOs and in the end I won and got Ben out of the contract but I’m sure most people would have given up which is of course what the companies want.

Keep records of everything. If the company rings you around the time of the end of your contract make sure anything that they offer for a new one they also put in writing. Although you can request transcript of conversations, (under the Data Protection Act 1998) they are likely to charge for this and again it is time consuming.  If you agree a contract over the ‘phone remember that you have the 14 day cooling off period (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) in which you can cancel.

You also have other Acts of law at your disposal. The Misrepresentation Act 1967 and also the more recent Consumer Protection from Unfair Trading Regulations 2008. For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. Also The Consumer Rights Act 2015.

More on Mobile phone companies called out for overcharging loyal customers and how to challenge and gain redress.

Complaining and taking matters further

lap top on woman's knees phone in one hand

 

See All you need to know about complaining to telecom providers

 

 

 

 

1) Use these 20 Tips on how to complain effectively and especially  www.ceoemail.com to get to the top, you’ll probably need it
2) Use the links to the Acts above and quote your rights from them
3) Threaten legal action if necessary and be prepared to see it through
4) The ombudsmen only cover mobile ‘phone services and not issues with the actual ‘phones. CISAS and Ombudsman Services Communications depending on which service your company is registered with.

Wherever possible complain see Why you should write not ‘phone to complain effectively.

See a great post on SkintDad’s website  – 4 Ways to Stop Overpaying For Your Mobile Phone for ensuring that you are not paying too much for your mobile ‘phone.

 

Discussing terms and conditions your rights on The One Show

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

More information to come on broadband etc. in the following weeks. More tips, advice, details of law and template letters can also be found in the book GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!