Refused refund on faulty goods

SamMoffatt28

Can I ask a silly question ? What is an OP ?

Thanks!

Mikeyorks

Sam - it's the Original Poster !!

Pleased I'm not the only one struggling with the terminology on some threads!

SamMoffatt28

Mikeyorks wrote:

Sam - it's the Original Poster !!

Pleased I'm not the only one struggling with the terminology on some threads!

Lol thanx, most of them I can work out but the odd few just baffle me!!!

derrick

zorber wrote:

Again wrong, Missinformation is what happens when people read and attempt to understand their rights without someone who knows explaining it properly and clearly.
Also you have contradicted your self several times in the post. (if in doubt speak to CAB)

Firstly you state they should be refunded. (the OP says they have had the machine for 2 months) You then quote that the OP has a reasonable amount of time to reject the goods.

(please note most retailers if they havent heard from you by around the 28 day mark, then this is taken that you have legally accepted the product, give or take a few days)

You then quote that the reasonable amount of time to reject the goods is a very short period, and implied that this is less that 4 weeks in the example used.

So you have proved that the OP is entitled to a repair and not a refund as you quoted !!! After the 28th day (reasonable amount of time) the OP is then deamed to have legally accepted the product so the course of action must be geared towards a repair or replace.

What does concern me though is the Retailer not responding to the OP though the manufacture has agreed to a repair.

The OP is also correct in saying if he had bought it from a shop discretion could be shown by the retailer to exchange for a different brand so long as they were deamed to be trading up. But this is going to be goodwill rather than expected

I have not contradicted myself, if you read the post correctly, the "quote"
The following is from HERE, is from the website that the link is directed at.

I eventually received via the County Court, a full refund,£1500. for a suite that I had for 13 months before making a claim under the SoG Act, re suite not fit for purpose.

Reasonable time is relative to the cost of the goods amongst other things, and as this item cost £238. it should last longer than 2-3 months, it is not fit for purpose, as defined in the SoG Act

zorber

derrick wrote:

I have not contradicted myself, if you read the post correctly, the "quote"
The following is from HERE, is from the website that the link is directed at.

I eventually received via the County Court, a full refund,£1500. for a suite that I had for 13 months before making a claim under the SoG Act, re suite not fit for purpose.

Reasonable time is relative to the cost of the goods amongst other things, and as this item cost £238. it should last longer than 2-3 months, it is not fit for purpose, as defined in the SoG Act

Again your example hardly fits the thread here now does it. Your suite for one cost £1500, i expect the fault was a visiable fault or a fault which could not easily be repaired without ruining the suite completely.
your suite was out side of any warentee and you had obviosly been refused any help.

Again the only question is what is a reasonable time !! according to the goverment web site only a judge can decide this.

You seem to have got very lucky with your sofa and this proably reflects the judges feelings towards the company who sold it to you and refused to help you. As in reality you could have really only expected a partial refund as you had some use out of it.

here is a quote from the goverment site.

"What are you entitled to ask for?

If the goods are faulty at the time of sale, you are legally entitled to request one of the following remedies:

1) A full refund.
This remedy is available when the goods have not been 'accepted'. Under the Sale of Goods Act, acceptance can take place in three ways:

By telling the retailer that you have accepted them.
By acting in a way with the goods which is inconsistent with the seller's ownership. E.g. if you have altered the goods in any way or customised them then you would be deemed to have accepted them.
By keeping them for longer than a reasonable time without telling the seller that you have rejected them. There is no time specified in the Act and it may vary according to the type of goods. Ultimately, it may be for the judge to decide whether an unreasonable time has passed and whether goods have been accepted. For this reason you must contact the supplier, preferably in writing, as soon as the fault appears. To delay may mean you lose a right to a refund

If acceptance has taken place, then only the following remedies are available:

2) Compensation (damages)
The amount of compensation may be based on the cost of repair, or if that is not possible, compensation may be based on the purchase price with an allowance for usage.

3) Repair or replacement
The trader can refuse to agree to either of these remedies if it is disproportionate in comparison to the other remedies. For example, if you ask a trader to replace a washing machine then he would be entitled to turn down your request and offer a repair instead.

However, the repair or replacement must be carried out within a reasonable time and without causing significant inconvenience to the consumer. If this does not happen or the repair or replacement is not possible, then the consumer can rescind the contract (claim a refund) or request a reduction in purchase price."

Again a repair has been offered and should be accepted. You may lose your rights to any action if you hold out for a refund. Electrical devaluates rapidly suites do not, A suite should last many many years far out stripping the expectation of the life of an electrial item hence a resonable period of time for an electrical item is regarded as a lot shorter.

mr_fishbulb

There's a good question and answer about this on the BBC Consumer website:
http://www.bbc.co.uk/consumer/your_rights/goods.shtml

Question: I'm told I'm not entitled to a refund or replacement for my faulty CD player. Is this right?

My five-month-old portable CD player has developed a fault. The store manager told me I wasn't entitled to a refund or replacement. Is this right?

When I tried to take it back, the store manager told me that under their company policy I wasn't entitled to a refund or replacement as it was past their 28 day 'no quibble' guarantee.

The store offered to repair the item but wouldn't loan me a replacement while mine was being fixed. I didn't want a repair, I wanted a brand new replacement, but now I just want my money back. Is the shop breaking the law by not giving me a refund/replacement? I still have the full receipt. JT, Cambridge

Answer: Read the terms of the guarantee very carefully

Where goods bought after 31 March 2003 prove defective within six months of purchase, there's a presumption that they were defective when they were bought, in which case the seller is in breach of contract (Section 14 Sale of Goods Act).

You're not entitled to reject the CD and get a full refund because you had the CD for a while before the fault developed. Instead, you're first and foremost entitled to have the CD player repaired or otherwise replaced. If repair of the goods would be disproportionate, impossible or would otherwise cause you significant inconvenience, you'd then be entitled to have the defective CD player replaced.

If repair and replacement aren't viable options, then you'd be entitled to an appropriate price reduction, or otherwise a refund (reduced to take account of wear and tear).

If there's a manufacturer's guarantee with your CD player, it may provide for replacement in the event of it being faulty. You should read the terms of the guarantee very carefully to find out whether this is, in fact, the case. You wouldn't get your money back this way, but you'd at least get a replacement.

penrhyn

What was the problem with the machine, 'cos I was thinking of buying a Liteon HDD/DVD recorder.

--Tony--

penrhyn wrote:

What was the problem with the machine, 'cos I was thinking of buying a Liteon HDD/DVD recorder.

If your thinking of getting the 5045 with 160gb HD its fantastic, used £20 off £200 and free delivery to get it for £200 delivered from currys last year and its the best thing I ever bought. Easy to make multi region and remove macrovission (upto firmware 199).

Tony

raymond

derrick wrote:

They should refund it as it is their responsibility and not the manufacturer, see HERE

Also see HERE

And HERE under "Sale of Goods Act, Guidance note"


The following is from HERE

"What Rights does the SOGA give?

Well, goods supplied must be as described, and fit for purpose. If they are not, and you take them back to the retailer in a reasonable length of time you are entitled to a refund - although you may accept a replacement, alternative or credit note if you prefer. The standard questions raised are these;

How long is a reasonable time? Well, this isn't a specific period. One week is probably reasonable, two weeks is probably stretching the limit, but it does depend what you're buying - if its an ice cream then the reasonable time is probably about 2 or 3 minutes.

Do I have to accept a replacement if the shop has one in stock? No. You are entitled to a refund. Anything else you choose to accept is entirely at your discretion.

Sorry, but you are confused.

Not "fit for purpose" is not the same as being faulty.

An item not fit for purpose does not have to be faulty, it may not function correctly as it is badly designed, but even the best designed products in the world can go faulty and all you are entitled to is to have the item repaired, anything over and above is at the supplier/manufacturers discretion.

zorber

raymond wrote:

Sorry, but you are confused.

Not "fit for purpose" is not the same as being faulty.

An item not fit for purpose does not have to be faulty, it may not function correctly as it is badly designed, but even the best designed products in the world can go faulty and all you are entitled to is to have the item repaired, anything over and above is at the supplier/manufacturers discretion.

Nice thanks for the backup, wouldnt listen to me.

With that attitude i am not surprised that the store didnt want to help them