Consumer right after 1 year guarantee expires

somethingcorporate

dizzybuff wrote: »

Im not , I know my rights . hense having a new sofa and cooker and maybe if your links were there when I replyed I may have clicked.

:P

Sorry Dizzy but alot of the stuff that you have posted is wrong.

The manufacturer has nothing to do with a retail purchase, the contract is between purchaser and retailer.

As has been posted (and linked to) many times in this thread if the fault arises within the first 6 months the onus is on the seller to prove that it was not an inherant fault and after 6 months it is down to the purchaser to prove that it was.

Edit: Also the fact that you went in and relied upon the "secret 2 year EU law" shows how little you actually know.

dizzybuff

somethingcorporate wrote: »

Sorry Dizzy but alot of the stuff that you have posted is wrong.

The manufacturer has nothing to do with a retail purchase, the contract is between purchaser and retailer.

As has been posted (and linked to) many times in this thread if the fault arises within the first 6 months the onus is on the seller to prove that it was not an inherant fault and after 6 months it is down to the purchaser to prove that it was.

If Im wrong fair does , but i have claimed under the soga several times , so at least I know the process im doing is correct.

I have had 2 hours sleep with a baby that thinks having a disco inside me is fun , now i have a hyperaivect when I am active toddler running about.

I will post when im more coherant 3 weeks sleep should do it.

I will post

somethingcorporate

dizzybuff wrote: »

If Im wrong fair does , but i have claimed under the soga several times , so at least I know the process im doing is correct.

I have had 2 hours sleep with a baby that thinks having a disco inside me is fun , now i have a hyperaivect when I am active toddler running about.

I will post when im more coherant 3 weeks sleep should do it.

I will post

:j:j:j jumping bump!!

dizzybuff

somethingcorporate wrote: »

:j:j:j jumping bump!!

Oh my writing is horrid . I apologise for me being a zombie :rotfl:

neilmcl

somethingcorporate wrote: »

Sorry Dizzy but alot of the stuff that you have posted is wrong.

The manufacturer has nothing to do with a retail purchase, the contract is between purchaser and retailer.

As has been posted (and linked to) many times in this thread if the fault arises within the first 6 months the onus is on the seller to prove that it was not an inherant fault and after 6 months it is down to the purchaser to prove that it was.

Edit: Also the fact that you went in and relied upon the "secret 2 year EU law" shows how little you actually know.

To be fair Dizzy never posted anywhere that disputed that the contract is between retailer and consumer, she merely pointed out that the manufacturer is responsible for their warranty. What, perhaps she should have made clearer was that this is in addition to the consumer rights under the SOGA and that there's nothing to stop the consumer acting on those rights within the warranty period.

Optimist

2010 wrote: »

Note, however, that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods. This doesn't mean that the buyer has no legal redress against the seller, just that he/she isn't entitled to a full refund.

Not strictly true it is all down to that wonderful word reasonable and what a judge considers as such.

Retail outlets tend to use 28 days as a fixed term and generally after Bernstein v Pamson Motors in 87 this would have held more or less true however there have been cases since where the purchaser had far longer than this time and they have won.

Most cases are in the county court and such give no precedence however there was a notable case a couple of years back that went to appeal and the appeal court ruled that even after two years the plantiff was entitled to reject and get a full refund of the purchase price.

The case (Clegg v Andersson) did involve a £200k yacht but taking it down to basics the cost of repair would have been the equivalent of about £70 on a £10000 purchase.


That is not to say after whatever time you can just reject, you would need to have made representations about the faults previously if you wish to reject and still get a full refund of your purchase price.