trading standards regulations within 28 days

soolin

This doesn't really fit into any of the forum headings, so apologies if it needs to be moved to somewhere more appropriate.

OH bought a Tom Tom system exactly 28 days ago today and it is faulty. We used it a couple of times with no problem but today it appears to be stuck, we were sitting at home and it was telling us we were 15 miles away on a roundabout. It seems to be totally frozen and it won't do anything except switch on and off, and it also says that there is no signal.

OH took it back to the shop who firstly tried pretending it was OK, but finally admitted it appears to have a fault as it was insisting they were in the next town. However, they said that they didn't have a replacement and are not obliged to refund so have suggested we go back next week to see if they had any stock. OH explained that were were away over Christmas and that appears to be causing the shop a problem, they suggested if we couldn't pick up a replacement within the next week we would be out of time to get one and would have to wait on a repair.

I know we have rights, but would do we do if the shop just ignore our rights and refuse to replace it ? We will both go back to the shop as late as we can before our holiday, but if there is none in stock can we insist on a refund. OH paid by Visa so I suppose we can always claim through them if we have to.

Soo

CIS

If an item is faulty when purchased, you are entitled to a refund or replacement

Turning_into_scrooge

CIS wrote:

If an item is faulty when purchased, you are entitled to a refund or replacement[/QUOT

Added to that if the item is less than 6 months old the shop has to prove the item was NOT faulty when you purchased it which i think they will find very hard to do. This was given to me by trading standards.

soolin

Thank you for the help so far, including the pms. We will be going back to the shop either tomorrow or Tuesday after work and if they can't replace it like for like, we will stand our ground and insist on a refund back to our visa card.

Thank you

SOo

catzeyes79

Hi,
Attempt to get a credit note dated for exactly within your 28 day limit. If they then refuse to refund or replace the item the refer the matter to the trading standards office. they are very hot on this type of abuse and the shop will probably buckle within minutes instead of dealing with them!!

All the best

derrick

Don't bother with a credit note as this commits you to purchasing from that retailer, as explained above you have a right to a refund, 28 day rule is retailers conditions and carries no weight in law.

Sale and supply of goods and service

mr_fishbulb

Turning_into_scrooge wrote:

Added to that if the item is less than 6 months old the shop has to prove the item was NOT faulty when you purchased it which i think they will find very hard to do. This was given to me by trading standards.

Yeah I saw that on working lunch. It can develop a fault within 6 months.

Waynemuns

We had exactly the same problem with a kettle from Debenhams. OK for a month, then wouldn't boil (it wasn't because I was watching it either!). Took it back with receipt, no joy because it was over the 28 days, despite me going up the managment hierachy in the store at the time. Had to buy another kettle (obviously, not from Debenhams) and start protracted discussions with the manufacturer via customer services helpline (thier first helpful suggestion was to use a saucepan!).

Nightmare! I was all for standing outside Debenhams with a banner but perhaps this is a bit easier...