Consumer Rights: MoneySavingExpert.com discussion

Anic

We bought my son a PSP in November 2005 which broke in June 2006. We duly sent it back to Gameplay who replaced it on 21st June 2006 with no problems at all - new receipt/invoice, etc.

Unfortunately this PSP has only now developed a different fault in that the joystick seems "stuck" in the up position. It does move left, right and down but as soon as you release the pressure it move upwards again meaning you can't play the games properly.

As you can see this is now outwith the year's guarantee period (by less than a fortnight) and I will try and phone Gameplay tomorrow to see what they can do to help but I know that they will probably say as it is over a year there will be nothing they can do.

I would like to be forearmed and know my rights under the Sale of Goods Act, etc but I have no idea what they are.

I don't know what to say to them with regards to this or if it even applies or not. Do I have any more rights under this Act, etc. Was my guarantee actually renewed when the PSP was replaced or does it only apply to the date of my initial purchase

Any help would be much appreciated.

Art_2

Anic wrote: »

We bought my son a PSP in November 2005 which broke in June 2006. We duly sent it back to Gameplay who replaced it on 21st June 2006 with no problems at all - new receipt/invoice, etc.

Unfortunately this PSP has only now developed a different fault in that the joystick seems "stuck" in the up position. It does move left, right and down but as soon as you release the pressure it move upwards again meaning you can't play the games properly.

As you can see this is now outwith the year's guarantee period (by less than a fortnight) and I will try and phone Gameplay tomorrow to see what they can do to help but I know that they will probably say as it is over a year there will be nothing they can do.

I would like to be forearmed and know my rights under the Sale of Goods Act, etc but I have no idea what they are.

I don't know what to say to them with regards to this or if it even applies or not. Do I have any more rights under this Act, etc. Was my guarantee actually renewed when the PSP was replaced or does it only apply to the date of my initial purchase

Any help would be much appreciated.

When you had the replacement in June 2006 it was replaced under the original guarantee and that expired in November 2006. You do not get a new guarantee with the replacement.

However, all is not lost. You have rights under the Sale of Goods Act. It is not reasonable to expect a product of this value to fail after 18 months.

Contact the retailer and tell him he is liable to repair or replace the faulty component for you.

If you got a new receipt with the replacement you may be lucky and get it replaced if they don't realise it has already been the subject of an initial replacement.

Regards,
Art.

Mark-W_2

Art,

The Curry's letter finally arrived this morning and they still refuse to exchange the cooker.
Not only that they refuse to repair it as there is no fault with the cooker!!!

Will i get any joy taking them to the small claims court?

Art_2

Mark-W wrote: »

Art,

The Curry's letter finally arrived this morning and they still refuse to exchange the cooker.
Not only that they refuse to repair it as there is no fault with the cooker!!!

Will i get any joy taking them to the small claims court?

I think you have a good chance in the Small Claims Court.
Make sure you have a full list of all the happenings as you will need this. A supplier cannot impose terms and conditions that negate your rights under the law.

Regards,
Art.

CDB_2

Art wrote: »

Write to Comet and tell them that under the Sale of Goods Act it is unreasonable for a product of this value to fail in the time it has.

Tell them that if they don't agree a free repair within 10 days you will go to the Small Claims Court.

Regards,
Art.

Is it OK to mention the independant engineer and include his estimate when I write to Comet, or would that affect any potentiall claim against them, if they say for example you should have brought it straight to us.
I didn't know at the time of the fault appearing that I could claim against them for repairs under the sale of goods act.:o

Art_2

CDB wrote: »

Is it OK to mention the independant engineer and include his estimate when I write to Comet, or would that affect any potentiall claim against them, if they say for example you should have brought it straight to us.
I didn't know at the time of the fault appearing that I could claim against them for repairs under the sale of goods act.:o

As it was only a report and not a repair there should be no problem. Tell them that you have had an independent report which shows the faulty component and as this should not have failed in the time it has you look to them to repair it for you. Then tell them of your intentions to go to the SCC if they do not deal with the matter.

If you have to go to court you can ask for the cost of the report as part of your claim.

Regards,
Art.

musey

musey wrote: »

Hi All

Just after a bit of advice on how to proceed.

I bought a recordable DVD player from Tesco.com 09/06/06 it has been playing up for a few days but finally gave up the ghost yesterday and will not recognise any discs (pre-recorded or home recorded/old or new) so having read the info on this thread I contacted Tesco & requested they sort it out as per Sale of Goods Act. I purchased the DVD player using my "Egg Money" card. Tesco were particulary unhelpful, :mad: after 1½ hours & 6 phonecalls I got through to someone who said they would send out an "OPT form" (I think sthats what she called it) that I need to submit to Head Office in Dundee. Upon receining that Tesco will make a decision on what to do.

1. Should I send a copy of the form to Egg as well under cover of a letter that I want their help in sorting it out?

2. Would it be advisable to complete & return the form with a letter laying out what I expect from them?

3. What can I reasonabley request from them? Ideally I would like a refund or replacement so as not to be without a dvd player for any length of time.

Thanks in advance.

Art wrote: »

Yes you're right, it's pointless involving Egg in this matter.

When dealing with Tesco simply tell them that the item is not fit for purpose and under the Sale of Goods Act you want a replacement or refund.

As you have had this item for over a year Tesco may not refund to you but simply offer a replacement. In view of the time scale they may be right to do so in the eyes of a court. Take the replacement and see if at this point you can persuade them to let you have a different product.

Tesco is normally good at dealing with customers so I hope you will get this resolved quickly.

Regards,
Art.

Thought I'd update on the outcome.

I sent a letter to Tesco quoting Sale of Goods etc on 27th June and included proof of purchase but didn't complete their form as all the info required was in my letter. I got no response so phoned them on 10th July. I spoke to a very helpful lady who was surprised I'd had no response and agreed to refund me immediately. The refund arrived today, as did a letter from someone at Tesco's who patently hadn't read my letter as they had enclosed another of their "OPT" forms, of course I am ignoring this as I have now received my refund.

Thanks for the help Art.

Art_2

musey wrote: »

Thought I'd update on the outcome.

I sent a letter to Tesco quoting Sale of Goods etc on 27th June and included proof of purchase but didn't complete their form as all the info required was in my letter. I got no response so phoned them on 10th July. I spoke to a very helpful lady who was surprised I'd had no response and agreed to refund me immediately. The refund arrived today, as did a letter from someone at Tesco's who patently hadn't read my letter as they had enclosed another of their "OPT" forms, of course I am ignoring this as I have now received my refund.

Thanks for the help Art.

Good to hear you got a satisfactory result. It shows it pays to persevere. Thanks for the update.

Regards,
Art.

chris6167

Hi,

I bought an Olympus camera from Pixmania about four months ago, that claimed to be waterproof to 10m. However, on a recent holiday whilst using it snorkelling (i.e. at 1-2m) it leaked and now won't even switch on.

I emailed Pixmania as I simply wanted my money back as the camera did not perform to the description on the box, however, they said that as it was outside the 15 day money back guarantee, it would have to go to the manufacturer to be fixed.

Am I within my rights to just ask for the money back? I understand that Pixmania may be a French company - does that make a difference?

Any advice much appreciated!

Art_2

chris6167 wrote: »

Hi,

I bought an Olympus camera from Pixmania about four months ago, that claimed to be waterproof to 10m. However, on a recent holiday whilst using it snorkelling (i.e. at 1-2m) it leaked and now won't even switch on.

I emailed Pixmania as I simply wanted my money back as the camera did not perform to the description on the box, however, they said that as it was outside the 15 day money back guarantee, it would have to go to the manufacturer to be fixed.

Am I within my rights to just ask for the money back? I understand that Pixmania may be a French company - does that make a difference?

Any advice much appreciated!

Write to the company and tell them you want a refund under the Sale of Goods Act as the camera is not fit for purpose. Tell them that under the act they are responsible for the faulty goods and not the manufacturer.

If they don't agree you can take them to the Small Claims Court and you will win. Do you have a postal address for them?

Also if you paid with a credit card and the camera was over £100 you should contact your card company and inform them that they are equally responsible.

Regards,
Art.