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A buyer reporting a problem from something bought in April

I recently had an old customer mailing me about a laptop which she bought in April that was now faulty.

The problem that we have is that anything that we sell which is recondition by ourselves comes with 30day warranty.

Firstly she was requesting that it was fixed but we flatly refused this as its outside warranty deadlines by a long way. We have no qualms about helping customers a month or two outside but 7months is really stretching it.

Anyway she has informed me that she went to trading standards who have informed her of the following:

Whenever a contract is entered into for a contract of sale, it is governed by a piece of legislation known as the Sale of Goods act 1979 (SOGA 79). The Act implies terms into the contract between the consumer and the retailer which are commonly referred to as your statutory rights. Statutory rights can be pursued for up to 6 years, although only a judge could decide whether a claim is justified.

One of these rights is that the goods must be of satisfactory quality (which includes durability, fitness for purpose and free from minor defects). If they are not, the consumer is entitled to seek redress from the retailer in the form of repair or like for like replacement. If this is impossible, disproportionate in cost to the trader or puts the consumer to significant inconvenience the next stage would be a full or partial refund taking into consideration the length of time the consumer has had the goods and also the amount of use they have had.

I doubt she has informed trading standards about the 30day warranty stipulation on the listing.

Any ideas where we stand?
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Comments

  • I wouldn't have thought that you have responsibility for an item sold 7 months ago, so I wouldn't worry about it, I doubt that they even have any legal recourse
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  • withabix
    withabix Posts: 9,508 Forumite
    As it is more than 6 months since the sale, it is up to the BUYER to prove that the fault was present at the time of sale.

    I doubt that Paypal/Ebay or anyone else will entertain any sort of claim.

    Was the laptop new or (very) second hand?

    If it was new (or still within manufacturer's warranty or even 'reasonable' period of time), you have recourse with the manufacturer.

    6 years is a red herring - not everything is expected to last for 6 years.

    What is the fault anyway?????
    British Ex-pat in British Columbia!
  • The USB and speakers have stopped working. A strange one as the type of laptop she bought is one of the more reliable types you can buy from Dell.

    The laptop was about about 4 to 5 years old when she bought it for £125.

    Her latest messages are her requesting that we send her our address as trading standards have advised her to send us a recorded letter so she can outline her course of action against us and she has confirmation that we have received it. So far we have ignored her messages as she was threatening to muck up our name and spread rumours about us.
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  • Paddymcc wrote: »
    Dell.

    That explains a lot, Dells are crud. Anyway, not your problem legally.
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  • Paddymcc wrote: »
    The USB and speakers have stopped working. A strange one as the type of laptop she bought is one of the more reliable types you can buy from Dell.

    That sounds just as much a software issue as a hardware 'fault' on it's own, and seeing as your T&C's give a 30 day warranty, I wouldn't worry.
    zenseeker wrote: »
    That explains a lot, Dells are crud. Anyway, not your problem legally.

    Each to their own, I've found Dell gear to be usually good stuff.
  • Andys1 wrote: »
    I've found Dell gear to be usually good stuff.

    I know a lot of people who have had problems with Dell laptops, my wife being one of them.
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  • Paddymcc wrote: »
    IWhenever a contract is entered into for a contract of sale, it is governed by a piece of legislation known as the Sale of Goods act 1979 (SOGA 79). The Act implies terms into the contract between the consumer and the retailer which are commonly referred to as your statutory rights. Statutory rights can be pursued for up to 6 years, although only a judge could decide whether a claim is justified.

    One of these rights is that the goods must be of satisfactory quality (which includes durability, fitness for purpose and free from minor defects). .

    Any ideas where we stand?

    Second hand goods are sold as seen, although the SOG still applies to some degree. When buying second hand, there is a general recognition in law that the reduced price you pay reflects the risk in taking ownership of something with a greater likelihood of developing faults or breaking down completely. You pay less because it is recognised you will have to pay the repair costs yourself rather than relying on the manufacturer’s warranty.

    In any event after 6 months she would need to prove that the fault was present at the time the laptop was sold. In which case she would need to explain why she didnt reject it at the time.

    Respond with the above then ignore imo.

    And dont give her your address - you have no obligation to do so after the event.
  • Its good advice above. You will probably found that she told trading standards a different story or rather what she thought trading standards wanted to hear
  • It also depends if you are a powerseller ie depend on Ebay for your living or a private seller -- if you're a small private seller, then a secondhand good is sold as seen - if not, then I believe it does come under the 'Sale of Goods act' and distance selling regulations, though, at 7 months, the onus is on the purchaser to prove there was a fault at time of purchase. Also surely the fact that the item was several years old makes a difference ... I believe items sold under 'Buy it now' also have far more protection as well for the purchaser ... hope this helps
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    i'll bet she has told TS that she bought a new laptop
    a 2nd hand recon laptop is a risk
    hell you only get 12 months warranty on most pc/laptops
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