Sale of Goods Act - Can anyone help with this one?

hhayley

I bought a TomTom online in December 2009 from Handtec (GPSK Ltd). In April it developed a fault. I contacted Handtec by phone who told me to deal directly with TomTom who would be able to arrange a repair. 3 months later, we are tearing our hair out. Emails have gone to and fro between us and TomTom, the short story is, it's still not working. My partner relies on a satnav for work so I have had no choice but to buy an new one - from a different manufacturer - so that we never have to deal with TomTom again!!

Now Handtec are refusing to give us a refund saying they are only bound by the act to repair or replace! A repair or replacement is no good to me now, I have a new one!

Surely there becomes a point when enough time has passed with no resolution, and the retailer has to give us a refund? Does anyone know of any evidence for this? Or does anyone have any advice for me?

Thanks

Hayley

dmg24

Please remove the link from your signature - these are not allowed on MSE. Thank you.

dmg24

Your contract is with the retailer, however they *may* refer you to the manufacturer as a repair agent. Have TomTom actually attempted a repair?

somethingcorporate

hhayley wrote: »

Surely there becomes a point when enough time has passed with no resolution, and the retailer has to give us a refund? Does anyone know of any evidence for this? Or does anyone have any advice for me?

No, they can repair, replace or refund.

hhayley

Sorry - I didn't enter the link, I've never seen it before and it seems I can not remove it. I think there might be a bug somewhere.

hhayley

dmg24 wrote: »

Your contract is with the retailer, however they *may* refer you to the manufacturer as a repair agent. Have TomTom actually attempted a repair?

Yes, For about 6 weeks we exchanged emails when they told us to do various software updates and nothing worked. Then they eventually replaced the device with another that actually worked less well then the first one. After another month of more software updates - we gave up. Life's too short - and we needed a working satnav.

hhayley

dmg24 wrote: »

Please remove the link from your signature - these are not allowed on MSE. Thank you.

Sorry - I don't know how it got there. How do I remove it?

hhayley

somethingcorporate wrote: »

No, they can repair, replace or refund.

And is there any time limit within which they have to have resolved it? Surely 3 months is long enough?

dmg24

hhayley wrote: »

Sorry - I don't know how it got there. How do I remove it?

I've just clicked on it, and it is a little dancing Michael Jackson! If you go into your profile (User CP), you should be able to Edit Signature and remove it that way.

hhayley

hhayley wrote: »

Sorry - I don't know how it got there. How do I remove it?

OK, I've worked it out!

dmg24

Is this TomTom model known to have faults? There is an expectation that the retailer will provide a (working!) remedy within a reasonable time, and I would argue that three months is not reasonable. However, the difficulty is that you have bought a new one - did you give the retailer the opportunity to replace it before you did this? Are they willing to offer a replacement now (despite the fact that this is not what you want)?