'The EU ‘goods must last a minimum two years’ rule is a myth' blog discussion

gordikin

Martin is wrong the 6 years to complain applies in England and Wales, it's 5 years in Scotland.

Toiletduck

Hia,

Ive used this to obtain compensation from Ebuyer for a HP Laptop that failed after 18 months but which came with a 12 month warrenty. They dont want to know until you quote this legislation, the term you have to use to get thier attention is the "Sale of Goods act". They suddenly took notice when I mentioned this over the phone.

For laptops there is an excellent website here

http://www.nvidiadefect.com/

I used it to obtain my own refund, it has detailed step by step instructions on what to do when a laptop fails outside of warrenty. Although im sure much of it applies to generic electrical goods.

Andy

Fifer

Martin wrote:

I was prompted to blog this after reading a suggestion in the new 50 words Moneyfesto 2011 that this should be implemented in the UK. In the past I’ve even read newspaper articles that get it wrong, so I thought it about time to set something down to correct what’s becoming a common urban myth.

Actually the EU law talks about how long you’ve got to complain, not how long goods should actually last. And while it’s minimum 2 years, in the UK we actually get SIX years to do the same.

Sorry Martin, but in trying to correct the misconceptions, you appear to have fallen foul of a common one yourself. "in the UK we actually get SIX years ... " isn't completely accurate. The law in England & Wales (not sure about NI) allows six years for complaints. But in Scotland, it's five years from the discovery of the defect - that can be more than six years in some cases, but as little as five years if the defect is noticed soon after purchase.

jammin_2

Fifer wrote: »

Sorry Martin, but in trying to correct the misconceptions, you appear to have fallen foul of a common one yourself. "in the UK we actually get SIX years ... " isn't completely accurate. The law in England & Wales (not sure about NI) allows six years for complaints. But in Scotland, it's five years from the discovery of the defect - that can be more than six years in some cases, but as little as five years if the defect is noticed soon after purchase.

Statute of Limitations is only 5 years in Scotland. In the rest of the UK it's 6 years.

Fifer

jammin wrote: »

Statute of Limitations is only 5 years in Scotland. In the rest of the UK it's 6 years.

Yes, but my understanding is the limit in Scotland applies from discovery of the defect, as opposed to the date of purchase as in England and Wales. Regardless, the "in the UK ..." statement in the article is incorrect.

jammin_2

Fifer wrote: »

my understanding is the limit in Scotland applies from discovery of the defect, as opposed to the date of purchase as in England and Wales.

Do you have a ref for that?

tifo

i thought all EC countries had to implement that '2 year' directive if they didn't already have any sort of legislation in place. Since the UK has SOGA 1979 which exceeds the 2 years (it gives up to 6 years) there was no need to implement the directive, though in most of Europe 2 years warranty seems standard.

Fifer

jammin wrote: »

Do you have a ref for that?

Page 16.

Time Limit – Six Years
Maximum to Bring a Claim
or Complaint
Complaints can be brought to court up to
six years after a sale in England, Wales and
Northern Ireland (and five years after the
time of the discovery of the problem in
Scotland). After that time, the Limitation
Act 1980 generally prevents court cases
being brought. This does not mean that
goods have to last six years; it is not a
durability requirement.

jammin_2

Fifer wrote: »

Page 16.

Time Limit – Six Years
Maximum to Bring a Claim
or Complaint
Complaints can be brought to court up to
six years after a sale in England, Wales and
Northern Ireland (and five years after the
time of the discovery of the problem in
Scotland). After that time, the Limitation
Act 1980 generally prevents court cases
being brought. This does not mean that
goods have to last six years; it is not a
durability requirement.

Wow - thanks. "five years after the time of the discovery of the problem" - how is abuse prevented?

Fifer

jammin wrote: »

Wow - thanks. "five years after the time of the discovery of the problem" - how is abuse prevented?

I'm guessing it's because the 'reasonable time' clause still applies. The five years from discovery is a maximum.