What are my rights regarding repair - follow up

  Cara2 14:11 16 Mar 05
Locked

Regarding my earlier thread re. my faulty Television, Trading Standards have now told me that I am entitled to a refund or replacement if a fault ocurrs within 6 months.

When I told them that Curry's had a 28 day time limit on a fault developing, the Trading Standards officer give a rather cynical laugh saying that companies often imposed their own time limit - which was not within consumer law.

Why on earth are they allowed to do this?

Having sent 2 rather long letters to both Philips (the manufacturer)and Currys, appealing to their better nature, I see this was unnecessary - so I will be interested in their response.

  Master.mind 14:40 16 Mar 05

I was in a similar situation recently with a CD Rewriter and was told that I was deemed to have accepted the goods for the following reason described in the Sale of Goods Act:

"By keeping them for longer than a reasonable time without telling the seller that you have rejected them. There is no time specified in the Act."

The retailer said they considered 28 days to be a reasonable time and therefore I was only entitled to a repair, which could take up to six weeks.

I bought a replacement and sent the original drive back (at my expense). I'm calling their bluff out of principle. What's the chance that the manufacturer is going to repair a drive that's only worth £12?

click here

  Cara2 14:45 16 Mar 05

Master.mind,

They are trying it on. Tradings Standards today told me, that retailers are not allowed to set their own time limit. Consumer law clearly allows 6 months, during which time you are entitled to a refund or replacement.

Quote Trading Standards and don't be fobbed off.

  puma22 21:40 16 Mar 05

to exert your 'rights' you have to take your claim to the small claims court - trading stadards do not seem to want to take up the fight on the consumers part. I bought a dufgf PC 4 months ago and have had no refund to date. trading standard was very good at explaining my rights, but the onus is on me to get the money back

  Cara2 22:19 16 Mar 05

H'm..I hope it will not come to that. But I will take it further, if I have too.

  spuds 22:42 16 Mar 05
  Master.mind 15:13 17 Mar 05

This is my response from Trading Standards:

In general terms, with regard to the Sale of Goods Act, when you buy goods you have a short space of time to reject the goods and ask for a
refund if there is a proven manufacturing fault or not of satisfactory quality. This is generally accepted as being 2-3 weeks from time of
purchase. After this period you are entitled to a repair or eventually a replacement of the goods.

The 28 days the trader mentions is their own policy on refunds and is slightly more generous.

  Cara2 16:21 17 Mar 05

Why are we getting such mixed responses from Trading Standards? Are you sure they understood the goods were faulty?

I am going with my response as above. Currys have replied to my letter, very promptly I might add stating "understand my concerns...but we can only offer a repair..." Quite absurb - as this product has bearly been used. It must have been faulty when purchased.

I have requested a replacement or explanation as to why Currys are exempt from Consumer law (according to the officer from T/S who I have spoken to). So I shall wait and see.

  Master.mind 16:35 17 Mar 05

It's my opinion that with today's technology it often takes more than 28 days to use a piece of equipment enough to even notice that there's a fault. Then the companies try to persuade us that it's not faulty and we must be doing something wrong. Then when we're convinced it's faulty they say, "You've had it too long and we can only offer a repair".

Looks like the new CD- Drive isn’t working properly either as the door mechanism keeps getting stuck. Great; back to square one.

  davidg_richmond 23:21 17 Mar 05

The period of rejection has not changed due to the new regulations giving a 6 month time span. The 6 month rule states that if something goes wrong within 6 months the onus is on the retailer to prove that it wasnt faulty from the start, the 'burden of proof'. It doesnt change the repair/replacement status, just that they can't say you broke it or it was normal wear and tear.

After the reasonable time for rejection, but within the 6 months, the retailer has to make good on the initial contract by offering a remedy. If the item cannot be repaired or replaced without unreasonable inconvenience to the purchaser a refund can be sought.

The only time the regulations touch on repair or replacement is when it states that if a repair is unduly costly to the retailer a replacement can be given.

I would focus on the clause that states that not having a new telly could cause unreasonable inconvenience to you as a telly is not a luxury item anymore and is used every day, and arranging pickup might not be convenient.

  Cara2 15:39 16 May 05

Some several weeks have passed since my orginal thread and this subsequent one - as the matter is now resolved I thought it might help to report back the outcome.

Many phone calls and letters later - Currys persisted in stating I would ony be entitled to a repair.

I would not accept that a repair on a portable tv - definately an inherent, intermittent fault -was the only option I had, in particular as I had only had the Television for 5 weeks.

Trading Standards sent me a 'Consumer Action Pack' which contained the lines

"If you have only used them(the electical item)a few times or have not had a reasonable opportunity to check them out, you are probably entitled to a refund for a major fault, a number of minor faults or a serious misdescription".

The pack contains a lot of facts, some of it rather vague(like the word 'probably' as above, but I knew that paragraph was the key to my situation.

I therefore copied it and sent it recorded delivery to both currys and the group H/O giving them 14 days to resolve this or else I would take it further.

Returns labels or an offer to exchange via my local store (I had purchased online) - were immediately sent to me and I am pleased to say I now received a replacement via my local store.

But what a load of hassle. I almost feel there is a department created with the sole purpose to wear us down into accepting a repair.

I am lucky because I had the time to address this challenge. Not everyone has the time unfortunately.

This thread is now locked and can not be replied to.

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