Faulty goods within manafacturer period with extended warranty protection

I_luv_cats

I have been stung by a clause which even though set in the t & c's I would think is illegal!!!

My Freeview recorder box has got so many faults that I have returned to the store, it was purchased the 3rd week of June 2010. I have been refunded BUT have lost the replacement cover fee.

It this lawful as I am returning within the 1st year?? Extended should be for years 2 and 3 ??? I am being punished for the item being faulty.

molerat

Replacement cover usually includes accidental damage so you have been covered for that from day 1. Any insurance should have a cancellation clause but may have a high admin fee i.e. the same as the policy cost.

Who was this with ?

fluffnutter

What's a replacement cover fee? I would have thought you'd be covered under the SOGA and are entitled to a full refund regardless of whatever warranty you might or might not have. Did you buy some sort of insurance and are now claiming under that? Why? You don't need to invoke an insurance policy if you've bought something that can't even last three months! The SOGA will cover you.

You know that bit where they say "your statutory rights are not affected". Well this is the bit you should be quoting because it sounds exactly like yours are! If some shop's trying to shaft you under the terms of some 'warranty' then remind them of the SOGA. A warranty can't supersede the SOGA.

I'd also like to point out that there's not a huge amount of detail in your post. More information might render the above nonsense. I hope not.

Equaliser123

If the item has been refunded then (assuming they also sold you the extended cover) the contract has been rescinded and you should get the premium for the extended warranty as well irrespective of its cancellation conditions.

fluffnutter

And don't buy warranties. They're a waste of money. And sometimes... as in this case, they actually cost you extra! You had rights under the SOGA. You shouldn't have had to pay a penny. They're using the T&Cs of the 'warranty' to strip you of your existing rights. Don't fall for it.

Equaliser123

fluffnutter wrote: »

And don't buy warranties. They're a waste of money. And sometimes... as in this case, they actually cost you extra! You had rights under the SOGA. You shouldn't have had to pay a penny. They're using the T&Cs of the 'warranty' to strip you of your existing rights. Don't fall for it.

All true but I think in this case the OP has returned the item, had a refund and is now stuck with the extended warranty without any goods.

fluffnutter

Equaliser123 wrote: »

All true but I think in this case the OP has returned the item, had a refund and is now stuck with the extended warranty without any goods.

I can see that a warranty that isn't actually protecting anything is pretty pointless.

I think I'm a bit confused about what's happened. The way I read it... OP bought a box plus a warranty. Box broke. Cost of box refunded. Fee charged. I appreciate that they have a warranty which is now useless and for which they won't be refunded.. but what's the additional fee for? Say the warranty cost £50 and the box cost £100. I'd expect the OP to be refunded the £100, but lose the £50. But I read that they'd lost the £50 but also been charged, say £20 as a 'replacement cover fee'.

Or is it that £30 of the warranty has been refunded but they've retained the £20 as the 'replacement cover fee'. In which case then, I'm out of my depth with regards legality, other than to say... don't buy warranties!

Like I posted before, need a bit of a clearer explanation.

I_luv_cats

I paid £20 for 3 years extended warrranty and took it out as Freeview PVR's are quirky !! Normally I take my chances..

I think the retailer has now changed their underwriter and terms, now you forfit the fee if you claim under accidental damage in the first year.

My policy says you lose everything if you return the product anytime.

I have wasted £20!!! The retailer / manafacturer has got away scot free!!!

I mentioned it to the cust service agent but she said I have bought a premium service, I said I should be covered separately the first year, manafacturer etc.

molerat

Which retailer is this ?

I_luv_cats

I thought it wouldn't take much quessing. A certain catalogue shop on most high streets!!!

gordikin

Arg......perhaps...os!