Company refusing to honor warranty

GotNoMoney

Who should I tell, Trading Standards or Citizens Advice? Or both?

I want this f**king card replacing before July 28th!

derrick

GotNoMoney wrote: »

Who should I tell, Trading Standards or Citizens Advice? Or both?

I want this f**king card replacing before July 28th!

Despite comments to the contarary, your contract is with the retailer and it is them who should sort it, e-mail then informing them that you will issue proceedings in the small claims court within 10 days if they do not respond in the positive, then do so.You may wish to send recorded delivery as well.

From WHICH; - Your claim is against the retailer who sold you a faulty item, not the manufacturer.

Did you pay by credit card? if so copy them in as they are "jointly and severally liable" under Section 75 of the Consumer Credit Act.

As far as postage is concerned it is up to the retailer to cover this.

Under the Sale of Goods Act, (SoGA), it is up to the seller to stand the delivery costs for faulty goods; -
48B Repair or replacement of the goods; -
(2) If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).



However as the card was purchased more then 6 months ago, the onus will be on you to prove the fault; -
48A Introductory ; -
3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

See WHICH; -
"Six months...and counting; -
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose – or 'as described' – when it sold them. It is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's.
So you may need to prove that the fault was not down to wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report."

They will not be able to "run out of time" as you have started the dispute and have dated e-mails to confirm this.

GotNoMoney

Thanks. Well I better send some sort of letter, I never do things by email.

derrick

GotNoMoney wrote: »

I never do things by email.

GotNoMoney wrote: »

I have emailed the UK email address for Inno3D simply asking which address should I send back this card to along with a photocopy of the invoice, but they didn't answer, so 2 days later (yesterday) I sent the same email to the HQ office (Hong Kong) with a note at the top saying I tried the UK email and got no reply in 2 working days.

GotNoMoney wrote: »

Well I have emailed 3 people now, Inno3D in the UK, Inno3D in Hong Kong and Micro Direct asking them the address for Inno3D and no one has replied..

GotNoMoney wrote: »

next time I email Micro Direct,

All from this thread!




.....................................

Tozer

Agreed that it sounds as though the claim is best against the retailer rather than the manufacturer.

However, this does not mean that there are never remedies against manufacturers - particularly if they have provided a guarantee direct to the consumer.

cowbutt

derrick wrote: »

Despite comments to the contarary, your contract is with the retailer and it is them who should sort it, e-mail then informing them that you will issue proceedings in the small claims court within 10 days if they do not respond in the positive, then do so.You may wish to send recorded delivery as well.

..and lots of other good stuff.

However, even though it's your legal right to have this dealt with by the retailer (i.e. Micro Direct), you have the option of dealing with Inno, and this may well be quicker and less hassle, if you can manage to get a reply out of them. Try giving them a call first, and if they insist you go through your retailer, do that.

derrick

cowbutt wrote: »

..and lots of other good stuff.

However, even though it's your legal right to have this dealt with by the retailer (i.e. Micro Direct), you have the option of dealing with Inno, and this may well be quicker and less hassle, if you can manage to get a reply out of them. Try giving them a call first, and if they insist you go through your retailer, do that.

It is not just your "legal right", it is the way to go under SoGA!
You are correct in that they could go to the manufacturer, however they may tell you to "go away" as you have no contract with them under SoGA, your contract is with the retailer and should be your first port of call!


From Consumer Direct; -
The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise.............................

cowbutt

derrick wrote: »

It is not just your "legal right", it is the way to go under SoGA!
You are correct in that they could go to the manufacturer, however they may tell you to "go away" as you have no contract with them under SoGA, your contract is with the retailer and should be your first port of call!

Depends on how end-customer focussed the manufacturer is. Some are, and all that would be achieved in getting the retailer involved would be an added intermediary and the possibility of delays and confusion.

If one wants the quickest service, it's always worth checking with the manufacturer first, even if this is just looking for an 'end-customer? go away!' statement on their website.

Tozer

derrick wrote: »

It is not just your "legal right", it is the way to go under SoGA!
You are correct in that they could go to the manufacturer, however they may tell you to "go away" as you have no contract with them under SoGA, your contract is with the retailer and should be your first port of call!


From Consumer Direct; -
The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise.............................

You have to stop spouting this. It is correct in respect of the contract of purchase.

However, guarantees are collateral contracts extending from the manufacturer to the end-user and are totally independent of the contract of sale.

derrick

Tozer wrote: »

You have to stop spouting this. It is correct in respect of the contract of purchase.

However, guarantees are collateral contracts extending from the manufacturer to the end-user and are totally independent of the contract of sale.

I am not going o "stop spouting" the law, read the SoGA, the contract is between seller and buyer, NOT the manufacturer! The guarantee is between the seller and the manufacturer, who when a buyer exercises their rights under SoGA , the seller can then go back to their seller, the manufacturer.
You seem to, for some reason be following me around putting spokes in consumer rights, are you a retailer who has been burned by the SoGA?