re : faulty camera

tifo

bought a LIKE NEW camera from Amazon Marketplace in Jan 10 and it's now gone faulty. The LCD seems to have cracked but there's no sign of damage outside. I didn't drop it or anything. Seller won't repair as it's over their 6 months warranty and Amazon don't want to know as i'm out of their A-Z Guarantee time limit (3 months from purchase). Seller now admits it was second hand / used and can't see the difference between this and like new. So i'm now out of pocket with a useless camera.

i've quoted SOGA etc to Seller but they're not having any of it. They say they have a report from the manufacturer that the LCD can NEVER get damaged unless damaged by force but won't let me have it as its 'private' they say. I've said i need it under CPR as i may take you to court.

any advice?

maninthestreet

What make/model of camera is it?

adam.mt

It the marketplace seller was a private one and not a business then legally you've haven't got a leg to stand on I'm afraid!

"like new" does actually mean used goods; just that they show no obvious sign of wear.

Check to see if there's any warranty left with the manufacturer; that's your only real chance.

Now it the goods were faulty on first receipt or failed within a very short period (month at very most) you might have a case that they weren't "as described".

tifo

maninthestreet wrote: »

What make/model of camera is it?

Pentax E75

tifo

adam.mt wrote: »

It the marketplace seller was a private one and not a business then legally you've haven't got a leg to stand on I'm afraid!

"like new" does actually mean used goods; just that they show no obvious sign of wear.

Check to see if there's any warranty left with the manufacturer; that's your only real chance.

It's a business selling on Marketplace.

It should have manufacturer warranty as it's only 7 months old from purchase.

Do i have a case under SOGA?

I presume under CPR rules I have a right to see the manufacturer report into LCD damage as they intend to use it as evidence?

Hintza

You bought a second hand camera in Jaunuary which was obviously working. It now has a broken screen. Apart from normal not DOA and Amazon gurantee then you are stuffed.

You have no contract with the original retailer.

On a more positive note you could ask the seller if they have the original proof of purchase (assuming still under a year old).

unholyangel

And remember that even under the SOGA on new items, outwith the first 6 months, the onus is on the buyer to prove the fault was inherent.

Out of interest, exactly which part of the SOGA were you quoting to them?

roddydogs

? "SEEMS" to have cracked?

cyberbob

tifo wrote: »

bought a LIKE NEW camera from Amazon Marketplace

i

tifo wrote: »

i've quoted SOGA etc to Seller but they're not having any of it. They say they have a report from the manufacturer that the LCD can NEVER get damaged unless damaged by force but won't let me have it as its 'private' they say. I've said i need it under CPR as i may take you to court.

any advice?

If it was listed as like new. It's still second hand so you don't have any regress. The seller offered a 6 month guarantee which is now out.

The problem you now have that because you went in quoting SOGA (without checking if it actually applied) you may have rubbed the seller up the wrong way so even if as Hintza suggests the seller has the original receipt they may not be inclined to give it to you.

adam.mt

tifo wrote: »

It's a business selling on Marketplace.

It should have manufacturer warranty as it's only 7 months old from purchase.

Do i have a case under SOGA?

I presume under CPR rules I have a right to see the manufacturer report into LCD damage as they intend to use it as evidence?

Since a business then you're covered by SoGA; as it's over 6 months old you would need to show that the fault was 'inherent'. This is usually done by commissioning an independent report. Write a Letter Before Action and go to Small Claims should you wish to pursue. Get that report first though (you will need to pay; it will be refunded should you win).

re: manufacturer warranty, it's seven months since you purchased it. However, the camera is actually older than that since it wasn't new when sold (and never claimed to be; "as new" actually means "second hand").

re: CPR rules, I don't think so no since it's Small Claims, but I'm not certain. You can always ask.

Also, note that since the goods weren't new, they were second hand expectation is lower - price and age of the goods (which you actually don't know yet) will be taken into account and affect the verdict. Even if you 'win' apart from a refund of costs, it will only enforce your original rights - ie. repair/replacement/refund (including partial taking into account existing use).

adam.mt

How much did you pay?

Most would prefer to right this off to experience! You'd be making a big financial gamble pursuing this.