re : faulty camera

adam.mt

cyberbob wrote: »

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.

True. Although SoGA does still apply to second hand goods.

tifo

adam.mt wrote: »

How much did you pay?

The price difference between a brand new one and this 'as new' one was just under £10. The only reason i bought it was that the box was tatty but camera was 'like new' so i 'thought' i'd saved £10 as the state of the box doesn't matter. The accessories were still packaged as is the warranty form.

tifo

roddydogs wrote: »

? "SEEMS" to have cracked?

Yes, took a picture standing up, put it in my jacket pocket and took camera out some seconds later and the LCD was cracked (or looks like it) with a dark patch and lines going away from the middle of it. No force or pressure was applied to the camera.

tifo

adam.mt wrote: »

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

CPR applies to all claims from what i know so that one can assess the viability of a claim. The seller has stated that they have documentation from the manufacturer which states an LCD can NEVER crack without force and intend to use it as evidence in court. So i now have a right to see that evidence in order to make a decision to pursue or not.

CPR 4.3 "(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;"

unholyangel

tifo wrote: »

CPR applies to all claims from what i know so that one can assess the viability of a claim. The seller has stated that they have documentation from the manufacturer which states an LCD can NEVER crack without force and intend to use it as evidence in court. So i now have a right to see that evidence in order to make a decision to pursue or not.

CPR 4.3 "(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;"

Have you had a independent report done?

tifo

unholyangel wrote: »

Have you had a independent report done?

Not yet, i first want to see what the seller is referring to. This is so that i can assess my potential claim (or not).

adam.mt

tifo wrote: »

The price difference between a brand new one and this 'as new' one was just under £10. The only reason i bought it was that the box was tatty but camera was 'like new' so i 'thought' i'd saved £10 as the state of the box doesn't matter. The accessories were still packaged as is the warranty form.

Valuable lesson for you then? "As New" doesn't necessarily equal "new but with tatty box", it could equally mean "used for three months but no obvious sign of wear".

re: CPR, by all means ask the seller; but if they don't want to supply it then what are you going to do?....... Exactly, nothing you can do until you get to Court.

Since you seem to know CPR you could write to the seller quoting the relevant legislation, but if they don't wish to assist you're need to proceed without that info. (My bet is that at most it's an email from some random customer service rep in India that has little validity anyway!).

tifo

adam.mt wrote: »

re: CPR, by all means ask the seller; but if they don't want to supply it then what are you going to do?....... Exactly, nothing you can do until you get to Court.

Court is an option but can i get an order for supply of the info (and get costs from them).

It's unfair for a defendant not to supply info, force you to issue a claim, and then potentially provide good evidence. You then lose but they haven't followed CPR.

adam.mt

You can write as I said or instruct a solicitor to do so; but without involving a judge you can't enforce them to do anything!

Obviously if it got to Small Claims and they were shown to be withholding valuable evidence it wouldn't reflect well on them. But I seriously doubt they have anything of value. Manufacturer's don't tend to make 'blanket statements' like your seller is suggesting (according to your account).

tifo

adam.mt wrote: »

You can write as I said or instruct a solicitor to do so; but without involving a judge you can't enforce them to do anything!

I've written asking for the info.

Will a judge make an order for supply of the info and award my costs because its being done as a result of not conforming to CPR?