Goldmine of info if purchasing Electrical's

kev1n3

Not sure if i'v posted in the correct section but thought i would post this reply i recieved today from the Office of my UKIP-MEP, in Brussels.

I bet not to many people are fully aware of there consumer rights as explained below. Cant wait to call Curry's digital tomorrow :j




Dear Mr *****

Thank you for your letter concerning a digital video-camera, which has become faulty after the expiry of its warranty.

In fact, the UKIP-MEP for your area is Derek Clark, but, since this office deals with enquiries to all UKIP's MEP's, I shall deal with it and copy my reply to Derek.

You rightly point out that, under the Guarantees Directive (1999/44/EC) the period of automatic warranty was extended to two years, thus entitling you to recompense for malfunction occurring, through no fault of your own, in goods purchased only fourteen months before. Indeed, under the UK's own Sale of Goods Act, 1979, as amended in 1994 and 2002, the period of automatic guarantee was extended to six years. Nevertheless - as with so much EU-legislation on consumer-protection - these time-periods are effectively meaningless, because a fault, and the supplier's liability for it, has to be demonstrated, and this - if it is possible at all -could be done at any time, however many years later the fault became evident.

This is explained at http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt"

If acceptance [of the goods] 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.

Please note: The remedies of repair/replacement and the subsequent rescission or reduction in purchase price are not applicable to Hire Purchase contracts and other laws apply. Please contact your local Trading Standards Service for further advice

4) Rescission or reduction in price


These financial remedies can only be achieved by a failure of the repair / replacement option once acceptance has taken place. If the trader agrees to rescission, the amount paid may be reduced to take account of usage.

Once you have chosen a remedy and the trader has agreed, you must give the trader a reasonable time to effect the chosen remedy before switching to another one. Ultimately, if a remedy cannot be agreed upon, then the courts have the power to choose any of the remedies.

Proving the fault

If you have not accepted the goods and are rejecting and claiming a full refund or damages, it is YOU, the consumer, who needs to prove that there has been a breach of contract in that the goods are not of satisfactory quality, fit for purpose or as described at the time of purchase.
If you are claiming the remedies of repair or replacement within the first six months after purchase [i.e.if you have accepted the goods] it is for THE TRADER to prove that the goods conformed to the contract at the time of sale.
If you are claiming repair or replacement more than six months after purchase, the burden of proof is back to YOU, the consumer.
If it becomes necessary to obtain an expert opinion to support your claim, there are procedures to follow before you employ anyone in this capacity. County Court rules say that where an expert is necessary, it should be a single, jointly approved expert, and the expert's duty is to the court. You need to agree your choice of expert with the other party, and allow them to put their comments to the expert. Failure to follow this procedure may mean that a judge may not allow your expert to be heard should the matter eventually reach County Court. For further clarification, please seek advice from your local Trading Standards Service.
Who can you claim against for faulty goods?

Your claim could be against:

the retailer under the Sale of Goods Act;
the manufacturer (under the terms of a guarantee if you have one);
a credit company if financed by credit (see 'Your Rights when Buying on credit' leaflet); or
the credit card company (see 'Your Rights when Buying on credit' leaflet).
[END QUOTE]

Probably, in order to prove the nature of, and liablity for, a fault, it would be necessary to commission an examination by an independent expert, who is acceptable to both parties and whose opinion on the matter will be respected by the courts. A small-claim in the County Court would then settle the matter, if the supplier decided to dispute the agreed expert's findings - although it would be unusual for him to do so - or the level of compensation you require. Indeed, the supplier might decide to compensate you when he sees that you are seriously adhering to the correct procedure - rather than incur the cost of the expert-examination and any adverse publicity it might generate.

I'm sorry that there is no quick, or cost-free, fix in these situations - where the rights of several parties have to be safeguarded - and that governments (especially the EU) are, for their own cynical reasons, constantly trying to give the impression that they can provide one.

Yours sincerely

A.S.Reed
(Office of the UKIP-MEP's, Brussels)

Sooler

May be useful to post this in the Shop but don't drop section

bingo_bango

Actually, there are quite a number of posts relating to the Sale of Goods Act on different boards across the forum. The EU Directive quoted states that the minimum period for a consumer to have the right to conformity of contract must be 2 years in an EU member state. In the UK, we already have 6 years. We've had those 6 years since 1979, when the Sale of Goods act was introduced.
The EU legislation is designed to provide a degree of uniformity in legislation across member states. The UK has been way ahead of the pack for years now, and in the majority of cases, the 'new' (this one is 7 years old) EU directives don't even come close to it.

For a full breakdown of consumer law in the UK, visit:

www.consumerdirect.gov.uk if you live in England Scotland or Wales, and

www.consumerline.org if you live in Northern Ireland.