Cash Converters

[Michelle Bayley]

I Monday I went into my local cash converters with the specific intention of buying a 5th generation ipod nano. Preferably I wanted either purple or black but if the price was right was willing to buy any colour.

 

I saw 2 16gb nano's on display in the window for £69.99 in black and purple. There was no mention of what generation it was so I went into the shop looked in the display cabinet and saw that amoungst other nano's there was a green 16gb 5th generation nano (for the same price).

 

I spoke to the person behind the counter who 1st checked the purple nano, he didn't know what 5th generation was so I explained to him. It wasn't so he checked the black. Whilst this was going on we had a conversation about the fact I was looking for a 5th gen purple or black 16gb. Neither was so I told him that I would take the green one as that was.

 

He got this from behind the cabinet and we processed the sale. All of this was witnessesed by another of his collegues who joined in the conversation. The receipt stated only 5th generation.

 

On getting home I plugged it into my computer only to find it was 8gb not 16gb as the price card had stated.

 

I went back into the shop today where there was a different set of staff in including the store manager. There were iniatially refusing a refund but I was persistent so they called the person who served me at home. He gave a completley different account of our conversation saying we only spoke abou tthe generation not the gb. I explained that he was mistaken and a further call was made.

 

The store manager was extremely polite as was I. He told me that if I came back Friday he would get me a 16gb 5th generation but that I would have to pay more money. I told him I wouldn't be doind this and I either wanted what I thought I had been sold or a refund. I explained that the person who sold it to me really didn't know what a 5th gen was so if he had priced the item could have made a mistake and that if he was willing to lie to him on the phone I would go in tomorrow and let him lie to my face.

 

I'm not willing to leave this and accept what they are saying because I know 100% they have made an error. I know i'll have some right's but does anyone know exactley what they are??

 

Thanks

[NJz]

They have definitely made an error. Unsure about your rights though. Hopefully someone with more knowledge will post help. Never give up

[chesham]

Not particularly nice!

 

However, you do have some rights - the Sale of Goods act states that goods must be "as described" and this can apply either verbally or in written format. The price card, or any other literature which points towards this item, will be treated as an "invitation to treat" which not a legally binding concept - similarly, if you are in a supermarket and the label says a price and it scans at another, it does not have to be sold to you at the advertised price - but most retailers will honour such as mistake.

 

I would advise you to do the following:

 

 

• Have a good nights sleep!
  
• Return to the retailer, and ask to speak to the store manager - the best way to handle this is to be calm and collect, do not argue...
  
• Advise that you were sold an item which, upon purchasing, was not what was described at the time of deciding to purchase said item
  
• Your rights, under the Sale of Goods Act, are that the item you bought is fit for purpose, and is as described - and it does not meet either criterion
  
• As you were led to believe, by a representative of the retailer, that you were buying a 5th Gen 16GB iPod for £69.99, then this is the end result you would like.
  

Now at this point, around 75% of retailers will start to realise that you know what you're talking about, because you are calm and not acting desperate. However, should this not be enough to get either what you originally wanted or a full refund, then you need to delve a bit deeper.

 

 

• You contacted Trading Standards earlier on in the morning (of tomorrow!) and consulted them for further advice - they advised you of the above, and said that they wanted the details of any retailer who was not complying with their statutory duties for further investigation - at this point, you can ask for the store manager's name (if he refuses, then just write down "refused") and ask for the company registration number, and the Head Office address.
  

Now, around 40% of the remaining 25% will cave in here, and try to strike a deal because you are on the edge of actually getting him into some serious trouble. However, some will be defiant and decide that they will just not take you seriously. If this happens, then get the above information and simply tell him that you are going to get this matter looked into straight away, you are not a pleased customer and that you feel that you have tried every reasonable avenue to obtain either a refund or an exchange for an item you originally thought you had bought.

 

If you do end up walking out the shop, you could contact their Head Office and speak to someone there to see if it can be resolved internally. Alternatively, give Consumer Direct a call, who can advise you further on where you should go after you have done the above. You can also go to Citizen's Advice who will assist in taking further action if you wish.

 

Good Luck!

[Michelle Bayley]

Thanks, I did go in the next day and the manager, despite saying he was going to be there wasn't but by being VERY persistent but remaining polite I did get my refund.

[rebel11]

Well Done, they should change the name to Cash Refunders:-)

[chesham]

Congrats, sorry for the late reply!