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

hhayley

dmg24 wrote: »

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)?

Hi dmg!

I've no idea how reliable this model of TomTom is - it's a TomTom Live XL.

I did give handtec a chance in that I contacted them for a replacement or repair in the first place and they stated that all replacements/repairs etc were done through TomTom not them. Should I have gone back to Handtec at an earlier stage?

Handtec still have the device. I sent it back to them two weeks ago and they tell me they are awaiting an assessment from TomTom before they decide whether to repair or not. It's very frustrating, I waited 3 months before buying a new one, we simply can not manage without a Satnav at the moment.

hhayley

Judas wrote: »

What exactly is the fault?
The fact it is recurring even after replacements suggest to me it could be a software/expectation issue rather than an actual fault.

Believe me it is an 'actual fault' - do you work for TomTom per chance? The first device kept switching itself off randomly throughout the journey. For some weeks TomTom just sent us a list of updates to perform via Tom Tom home - nothing worked. Eventually they agreed to take it back and have a look at it. They 'tested' it and reported there were no errors and sent it back to us. But the problem kept occurring. Eventually they agreed to have it back again and this time replaced it with a different device. This came with no maps on it and refused to talk to our TomTom Home to enable us to load the maps back on it (which TomTom had forgotten to do - they apologised for). They spent two weeks working out what the problem was then asked us to return the second device.

All this took 3 months - that's when we decided to ask Handtec for the refund we are sick of TomTom and their poor service. We just wanted a working satnav.

I don't think there is any problem with my expectations. It just did not work.

somethingcorporate

Judas wrote: »

I personally think that a working replacement is acceptable then. Its not like its the same fault again on the second one and its one that is easily sorted.

+1

And if you have had enough of dealing with TomTom just go back and bother the retailer, they should really be doing this all for you.

hhayley

somethingcorporate wrote: »

+1

And if you have had enough of dealing with TomTom just go back and bother the retailer, they should really be doing this all for you.

And it's acceptable to have no working satnav for an entire 3 months?

somethingcorporate

No, absolutely not. Hence I'd take it back to the retailer and demand they deal with it.

What do you feel is an adequate response?

Dave101t

this is what happens when you buy from an online shop, can you find their address and go to their offices. take the application for a small claims court action with you and they will soon offer you something.

fthl

If it is faulty, and honestly I'm sure from the above, then the SOGA allows for a partial refund. See s48C.

The choice of remedy, repair, replace or partial refund is down to the consumer, subject to s48B(3).

The trader must also repair (if that is the remedy chosen by the consumer) within a reasonable time and without significant inconvenience. I don't think that three months is a reasonable time and it sounds like the OP has been significantly inconvenienced.

So, full refund, unlikely, a decent chunk back (perhaps 80% or so given the age and nature of the thing) is possible.

hhayley

Judas wrote: »

The real problem here is the OP doesnt want his SOGA rights. He wants a refund and no doubt therefore will make the repair/replacement exercise as difficult and object as possible......

'The 'real problem'? I have been patiently trying to exercise my right to have a working product for three months. The only reason I want a refund now is because I HAD to buy a new satnav in the absence of anything else. I don't need two satnavs!!

hhayley

Judas wrote: »

1) It does

2) No wrong; the consumer can request a remedy; the retailer can refuse. The case would be decided on a reasonableness if it ever went to a court; it wouldnt be deemed reasonable for a refund simply because OP has replaced it otherwise everytime something broke down that would happen.

3) I'm sceptical about this; I suspect the OP's agenda for a refund is meaning repair/replacement has deliberately been objected and made to be more complicated than it actually is; a replacement has been offered; it should be in the post right now so why isnt it?

Just to be clear. No replacement has been offered. It was sent back to the seller almost two weeks ago who have sent it to TomTom for 'assessment'. This is how it has been going on for 3 months now. Having waited three months for a working device I really had no choice but to buy a new one. My partner's business is losing money without it.

unholyangel

hhayley wrote: »

Just to be clear. No replacement has been offered. It was sent back to the seller almost two weeks ago who have sent it to TomTom for 'assessment'. This is how it has been going on for 3 months now. Having waited three months for a working device I really had no choice but to buy a new one. My partner's business is losing money without it.

If you bought it as a business asset instead of a personal one then its not really a consumer issue. There is different regulations for b2b sales. SOGA is consumer protection.

First and foremost though, did you make them aware that time was of the essence? In writing via recorded delivery?