tissot t-touch watch letting in water

cornz

Ok, i'll try to keep this short and to the point.

2 years and 3/4 months ago i paid 500 quid for a tissot t-touch watch.
Its clearly advertised and marked as being water resistant to 30mts.
last month its stopped working, took to a jewellers whom told me that it wasnt a battery and it was water ingress damage.
its only ever gotten wet whils pot washing, showering or in rain.
Numerous people on web have had same issue all over the world.
sent to tissot, included letter explaining that, in my opinion, its isnt water resistant. They are saying that the jeweller damaged it, i am saying not as it was letting in water before they touched it.
Had letter back saying its going to cost 70 quid to repair, im considering a small claims court hearing against them as its not fit for purpose, or durable (500 quid for 2 and a quarter years!).
If i was to lose the battle, what would happen? all very new to this but i think it falls foul of the sale of goods act...
original retailer gone out of business.
Comments? suggestions??

mvteng

As the standard warranties 2 years, I don't think you've got a leg to stand on.

Its unfortunate that its only just out of warranty, but its just one of those things.

cornz

But, as the fault is inherent from new then does that matter??

4743hudsonj

mvteng wrote: »

As the standard warranties 2 years, I don't think you've got a leg to stand on.

Its unfortunate that its only just out of warranty, but its just one of those things.

you really shouldnt be posting on the consumer rights forum if you beleive your rights end at warranties.......

they are in fact an EXTENSION to your statutory rights (thats why products have this does not affect your statutory rights under complaints info)

to the op, you are infact correct about he sale of goods act. and i am confident in your case BUT

as the product is over 6 months old, the sale of goods act states that the burden of proof for inherent faults from point of manufacture is on yourself and not the retailer (this is who your contract is with by the way.)

so for starters we need to establish WHO you bought the watch off and deal with them ONLY.


once we deal with that, the next stage is to acquire a jewellers report on the fault. Now this WILL be out of your own pocket but only initially (assuming claim is successful). you need this as it acts as your independent un bias proof that the watch was (or it may not be) faulty from manufacture.

If they confirm faultiness then your next step is a letter before action to the retailer (if its not Tissot then tell us as this would be very sudden without asking them first). if they refuse or dont reply then file for small claims. it will incur you about £30-£35 and you represent yourself. if you win then all your costs are covered including the report and the watched repaired or replaced.

what you need to think of long and hard is that if you lose (there is a chance as it is nearly 3 years old) are you able to afford the engineers costs, court costs (between £25 and £45 depending on where you claim online/N1 form and how much the claim is worth) etc

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex301.pdf

this gives you a lot more info

sorry for the long post and if i missed anything out.

Anihilator

Its for you to prove its inherent and not your fault.

Also water resistant and water proof arent the same way. I find it strange you would wear it in a shower.

mikey72

Anihilator wrote: »

Its for you to prove its inherent and not your fault.

Also water resistant and water proof arent the same way. I find it strange you would wear it in a shower.

It's water resistant to 30m. How deep is your shower?:rotfl::rotfl::rotfl:

moonrakerz

I think Tissot are the same company as Omega, who have a dreadful name for reliability. I had a Omega - nothing but trouble, spent more time at Omega than on my wrist. Vowed NEVER to buy either make again.

Now have a Tag, nearly 6 years old, original battery still, superb time keeper, 200m water resistant - and I DON'T wear it in the shower !

mikey72

I've got a casio, can't even remember how old it is, plaster, cement, plumb, then shower in it, and scrub it clean, always swim in it as well.

Blacksheep1979

moonrakerz wrote: »

I think Tissot are the same company as Omega, who have a dreadful name for reliability. I had a Omega - nothing but trouble, spent more time at Omega than on my wrist. Vowed NEVER to buy either make again.

Now have a Tag, nearly 6 years old, original battery still, superb time keeper, 200m water resistant - and I DON'T wear it in the shower !

My Omega is fine after 9 years and being taken diving to 35m (yes not that deep but hey), strap is a bit scuffed but other than that it's in excellent condition and does everything it's meant to.

KeithP

4743hudsonj wrote: »

... so for starters we need to establish WHO you bought the watch off and deal with them ONLY.

But the OP has already said...

original retailer gone out of business.

So who can the OP claim from?

cornz

Anihilator wrote: »

Its for you to prove its inherent and not your fault.

Also water resistant and water proof arent the same way. I find it strange you would wear it in a shower.

Why? whats strange about that?
And, there is no such thing now as water proof, ISO replaced water proof with water resistant.