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  • FIRST POST
    • oldwiring
    • By oldwiring 14th Apr 17, 2:56 PM
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    oldwiring
    Warranty: shop tells me to go through manufacturer's hoops
    • #1
    • 14th Apr 17, 2:56 PM
    Warranty: shop tells me to go through manufacturer's hoops 14th Apr 17 at 2:56 PM
    In November I bought a PVR from a renowned retailer. Very recently all my saved recordings became corrupted into an unsupported format.

    I phoned the retailer for advice, and was referred to the manufacturer, who told me to reformat the drive. I did so, of course having to re-enter planned recording details. Then, however, I found that the previously unaffected on demand streaming services had become unavailable.

    I did certain exercises on the PVr as suggested by others well versed in the PVR, including waiting some hours for On demand to repopulate, made sure all connectors were OK and checked network connections.

    I made another call to the retailer: the rep asked me to check my HomePlugs, which we found to be suspect. I bought new ones and fitted and paired them. Neither using them nor attemting wi-fi connection worked.

    I phoned the retailer again (a different rep) to say I was unsatisfied with the product and wished to reject or exchange it. The response was that I'd have to go to the manufacturer and go through their troubleshooting, before they could exchange it.

    I pointed out that I'd done what the manufacturer had asked had asked, and more, and my rights were being exercised against the warranty as advertised by them; the manufacturer's instruction to them as customer were of no concern to me.

    Retailer is going back to manufacturer with their its notes to see if the further rigmarole can be avoided.

    Has my handling been correct, or could I have done better? What further steps do I take, if the manufacturer is unhelpful? BTW I am 80, so the physical effort that can be involved in fault dealing is unwelcome.
Page 1
    • Annie1960
    • By Annie1960 14th Apr 17, 3:46 PM
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    Annie1960
    • #2
    • 14th Apr 17, 3:46 PM
    • #2
    • 14th Apr 17, 3:46 PM
    If the item is under 6 months old, you should generally be able to get a replacement or refund.

    If it is more than 6 months old, then you will find it more difficult and you will have to prove the items was faulty when you bought it.

    What sort of retailer is it? Large companies are usually very quick to swap it for a new one or refund you. Smaller retailers sometimes try to fob you off more.

    However, the retailer is ultimately responsible for resolving this, and sorting out matters with the manufacturer.

    Can you get someone to help you to take this back and progress your complaints?

    You should quote the Consumer Rights Act 2015 to them, and ask for a refund or exchange.
    Last edited by Annie1960; 14-04-2017 at 3:50 PM.
    • oldwiring
    • By oldwiring 14th Apr 17, 4:26 PM
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    oldwiring
    • #3
    • 14th Apr 17, 4:26 PM
    • #3
    • 14th Apr 17, 4:26 PM
    @ Annie1960. I don't want to name them. Suffice it to say, the retailer is a large one of very high repute for quality and service, and and not beginning with A.
    • George Michael
    • By George Michael 14th Apr 17, 4:36 PM
    • 2,783 Posts
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    George Michael
    • #4
    • 14th Apr 17, 4:36 PM
    • #4
    • 14th Apr 17, 4:36 PM
    If the item is under 6 months old, you should generally be able to get a replacement or refund.
    .....
    You should quote the Consumer Rights Act 2015 to them, and ask for a refund or exchange.
    Originally posted by Annie1960

    Under the Consumer Rights act 2015, the retailer is legally entitled to carry out a repair should they wish.
    The OP can state that they would prefer a refund or replacement but if the retailer says that a repair is more cost efficient for them, then they can do this.
    • bris
    • By bris 14th Apr 17, 4:59 PM
    • 6,618 Posts
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    bris
    • #5
    • 14th Apr 17, 4:59 PM
    • #5
    • 14th Apr 17, 4:59 PM
    The retailer will take much longer to sort it out than the manufacturer,


    Whilst it's true that the contract is with the retailer they often fight tooth and nail to get you to go direct to the manufacturer because management tell them too. This means escalating it up the chain of command until they relent, but this takes time and a lot of it.


    The manufacture usually arranges everything when you call them and it's a far faster turnaround, as quick as a few days in my experience. The retailer can take weeks, 4 being the norm but the end result is the same as they just arrange the return instead so their is no benefit by going to the retailer.
    • oldwiring
    • By oldwiring 15th Apr 17, 12:31 PM
    • 2,222 Posts
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    oldwiring
    • #6
    • 15th Apr 17, 12:31 PM
    • #6
    • 15th Apr 17, 12:31 PM
    Thanks for your comments. I'll see what transpires, and get on with other things.
    • ThumbRemote
    • By ThumbRemote 17th Apr 17, 6:23 PM
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    ThumbRemote
    • #7
    • 17th Apr 17, 6:23 PM
    • #7
    • 17th Apr 17, 6:23 PM
    The retailer will take much longer to sort it out than the manufacturer,
    Originally posted by bris
    Not true. Don't present as fact something that may or may not happen.

    Whilst it's true that the contract is with the retailer they often fight tooth and nail to get you to go direct to the manufacturer because management tell them too. This means escalating it up the chain of command until they relent, but this takes time and a lot of it.

    The manufacture usually arranges everything when you call them and it's a far faster turnaround, as quick as a few days in my experience. The retailer can take weeks, 4 being the norm but the end result is the same as they just arrange the return instead so their is no benefit by going to the retailer.
    Originally posted by bris
    Going directly to the manufacturer also waives many of your statutory rights. The law entitles you to a remedy from the retailer; it makes no demands on the manufacturer. If you send it to them and it gets lost in the post, it's entirely your problem. If they claim it arrived damaged - tough. In the worst case, if they aren't even a UK based manufacturer and just keep the product, you may need to go via an overseas legal system.

    Go via the retailer. The law puts demands on the retailer for a very good reason.
    • oldwiring
    • By oldwiring 17th May 17, 5:15 PM
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    oldwiring
    • #8
    • 17th May 17, 5:15 PM
    • #8
    • 17th May 17, 5:15 PM
    Roughly a fortnight ago JL sent out a troubleshooter, who had no more luck than I. he put a report in, and advised me to take it in to the store for a loan,or replacement.

    In store the assistant started the old record, until I was point blank firm. Manager was called, and we had what in diplomacy is called a "full and frank discussion". Finally i received a loan, then some days later a new box.

    I'm still without live TV access, though not on the account of Humax/JL.
    The rain and the large trees nearby has made watching nigh impossible. I am having a new dish in a better position.

    How ironical it is that once I could not get On Demand; now it's all I can get. Life eh!
    • agrinnall
    • By agrinnall 17th May 17, 7:44 PM
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    agrinnall
    • #9
    • 17th May 17, 7:44 PM
    • #9
    • 17th May 17, 7:44 PM
    @ Annie1960. I don't want to name them. Suffice it to say, the retailer is a large one of very high repute for quality and service, and and not beginning with A.
    Originally posted by oldwiring
    So a retailer whose name begins with a letter somewhere between B and Z - not very helpful.

    And then despite not wanting to name them you do just that. Why couldn't you just cut out the BS and do that from the start?

    Roughly a fortnight ago JL sent out a troubleshooter
    Originally posted by oldwiring
    • paweaz
    • By paweaz 17th May 17, 9:31 PM
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    paweaz
    Having similar issues with Tesco,your contract is with the original retailer not the manufacturer PERIOD..no ifs buts,maybes......if it develops a fault within the 1 year warranty heck even up to 2 years under EU law even up to 3-4 years with certain white goods, it's their responsibility to sort it......sadly us Brits are weak and soft when it comes to our rights prefering to accept the status quo and fob off...thats why we get ripped off for everything we buy paying way over the odds compared to other countries.......time to stand up and be counted......good luck
    • IAmWales
    • By IAmWales 17th May 17, 9:37 PM
    • 789 Posts
    • 1,671 Thanks
    IAmWales
    Having similar issues with Tesco,your contract is with the original retailer not the manufacturer PERIOD..no ifs buts,maybes......if it develops a fault within the 1 year warranty heck even up to 2 years under EU law even up to 3-4 years with certain white goods, it's their responsibility to sort it......sadly us Brits are weak and soft when it comes to our rights prefering to accept the status quo and fob off...thats why we get ripped off for everything we buy paying way over the odds compared to other countries.......time to stand up and be counted......good luck
    Originally posted by paweaz
    It's a long time since I've seen the mythical EU law quoted!

    paweaz, in the UK you have rights against the retailer for up to six years, not 2 or 3-4. However as mentioned up thread it is often quicker to go straight to the manufacturer. Given that it took nearly a month to get this remedied, it is likely that would have been the case here.

    Also, if going to the manufacturer with the retailer's agreement/ instruction you do not lose any of your rights against the retailer. In such a case the manufacturer is acting as the retailer's agent.
    • unholyangel
    • By unholyangel 18th May 17, 3:09 AM
    • 10,851 Posts
    • 8,087 Thanks
    unholyangel
    It's a long time since I've seen the mythical EU law quoted!

    paweaz, in the UK you have rights against the retailer for up to six years, not 2 or 3-4. However as mentioned up thread it is often quicker to go straight to the manufacturer. Given that it took nearly a month to get this remedied, it is likely that would have been the case here.

    Also, if going to the manufacturer with the retailer's agreement/ instruction you do not lose any of your rights against the retailer. In such a case the manufacturer is acting as the retailer's agent.
    Originally posted by IAmWales
    Doesn't need to be with their agreement - by law the guarantor needs to specifically tell you that your statutory rights are unaffected by the guarantee. That is because a consumer cannot lose their statutory rights by exercising a contractual one.

    The trader may not be offering it themselves personally but its still being offered with the goods - which you have a contract with them for. If you had a repair/replacement under warranty and lost all rights with the retailer - it would effectively protect the retailer from selling shoddy goods which is exactly what consumer rights is designed to protect against.

    I wonder if paweaz knows its his beloved 2 year EU "rule" that requires the consumer to prove the fault was inherent past the 6 month mark (given his remarks about it on other threads, I'd guess not).

    http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31999L0044

    Time limits

    1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

    2. Member States may provide that, in order to benefit from his rights, the consumer must inform the seller of the lack of conformity within a period of two months from the date on which he detected such lack of conformity.

    Member States shall inform the Commission of their use of this paragraph. The Commission shall monitor the effect of the existence of this option for the Member States on consumers and on the internal market.

    Not later than 7 January 2003, the Commission shall prepare a report on the use made by Member States of this paragraph. This report shall be published in the Official Journal of the European Communities.

    3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
    Money doesn't solve poverty.....it creates it.
    • oldwiring
    • By oldwiring 23rd May 17, 5:57 PM
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    oldwiring
    All's well that end's well! In the end i did get a loan and later a replacement. End's well, that is my signal proved ropy due to satellite line of sight trouble with trees. So another end's well is created by a man with a van, who moves all the outside hardware.
    • Chrysalis
    • By Chrysalis 23rd May 17, 6:04 PM
    • 1,844 Posts
    • 818 Thanks
    Chrysalis
    I had a similar scenario with littlewoods catalogue on a PS4 I brought.

    I phoned them up with an issue after about 3 months, I got the console on buy now pay later and at this point not paid anything.

    They fobbed me of to the manufacturer, I said "are you sure", and reminded them I have not yet paid for the product and I will not pay for a broken product. In the end I agreed to phone up sony to see if it could be resolved via troubleshooting measures but if it was decided I had to return the PS4, then it would be done via the retailer not the manufacturer. Luckily the troubleshooting resolved the issue (faulty controller).

    Returnins to manufacturers are a lottery, they may carry out a repair, which means opening it up and of course potential for extra problems with that work, or send you replacement but sometimes replacements are pre repaired units not brand new, whilst with a retailer you looking at a refund or brand new exchange as well as quicker turnaround time.
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