fit for purpose - what happens when the retailer doesn't exisit anymore

chiefdave

So here's my problem. I purchased a Powershot G9 compact digital camera at a cost of over £300 in March 2008. It's been used less than 10 times and stored correctly yet now won't turn on at all.

Looking online and speaking to repair stores this is a very common known fault with this model, in fact to the point that a lot of people are of the opinion the product should have been recalled.

This leads me to believe that the repair should be undertaken free of charge however I can't take this up with the retailer as they no longer exist and Canon are insisting it's nothing to do with them, what are my rights here?

bingo_bango

The short answer is you have none. The warranty has expired and so you have no rights with Canon, and as the retailer no longer exists, you have no rights under SoGA.

The flip side to that is, how did you pay for it?

If you used a credit card (or any type of regulated credit agreement like a buy now, pay later scheme) then you may be able to pursue the credit provider under S75 of CCA '74. If you can confirm that you have used a credit card, then we can give you the details.

chiefdave

It probably would have been by credit card but I will need to check.
Seems like a pretty major loophole that needs closing if they can just stick their head in the sand and state it's not their problem when it's a very common known fault!

whatmichaelsays

Unless they have specifically issued a recall, after 6 months from purchase the onus is on you to prove that the item had an inherent defect at the moment it was sold.

Unfortunately, user opinions on an internet forum don't constitute such proof. You would have to get an engineers report at your own expense.

All of that however could be wasted effort as your contract is with the (now defunct) retailer, not with Canon.

chiefdave

whatmichaelsays wrote: »

Unless they have specifically issued a recall, after 6 months from purchase the onus is on you to prove that the item had an inherent defect at the moment it was sold.

Unfortunately, user opinions on an internet forum don't constitute such proof. You would have to get an engineers report at your own expense.

All of that however could be wasted effort as your contract is with the (now defunct) retailer, not with Canon.

I've actually spoken to several independent repair stores. They are all aware of this issue (to the point that you only have to say powershot G9 and they know what the problem is!) and more than one has said they belive there should have been a recall but it seems that even with that sort of evidence Canon are completely in the clear.

pmduk

That's why the best advice is to buy expensive goods on a credit card. Even while the retailer is trading the card issuer is liable. If the trader disappears the card co is still there.

chiefdave

pmduk wrote: »

That's why the best advice is to buy expensive goods on a credit card. Even while the retailer is trading the card issuer is liable. If the trader disappears the card co is still there.

[FONT=&quot]
is there a time limit on claiming a refund from the card issuer though? They seem to be getting a raw deal if they're held liable for a fault the manufacturer won't fix![/FONT]

Equaliser123

chiefdave wrote: »

[FONT=&quot]is there a time limit on claiming a refund from the card issuer though? They seem to be getting a raw deal if they're held liable for a fault the manufacturer won't fix![/FONT]

the time limit is the same limitation period you have against the retailer - 6 years from the date of contract.

Hintza

Speak to AJ Johnstone and see if they can do it on your behalf with Canon

http://www.ajjohnstone.co.uk/