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

thor

Every so often this comes up in the mobile phone forum and I have been posting there about my Orange HTC phone which has developed a touchscreen fault 13/14 months in to an 18 month contract.
I have contacted HTC who say the phone does have a 24 month warranty except for Orange which only have 12 months and I went to an Orange shop where I was told that Orange give a 6 months warranty which is followed by HTC offering a 6 months warranty. So you can see why I am a bit confused:mad:
After reading through this thread about the EU 24 month directive being a myth, I am still none the wiser.
So in my situation do I have any chance of getting this phone fixed?
There is a 3rd party involved as I bought the phone from dialaphone so would they be responsible at all and what can I quote to try and get the 24 months warranty to work for me?

jammin_2

Sue Orange.

Comet_company_representative

briloujica wrote: »

Regardless of what the law may state, if large retailers choose to ignore it, what can the consumer do? I purchased a TV for over £1,000 from Comet, but largely on the basis of what was being said on TV by Martin at that time decided not to take out extended warranty. The TV developed a fault, which admiittedly I didn't report till 32 months after the date of sale. I had some evidence that it was probably a manufacturing fault but Comet refused to accept any other opinion. Trading Standards advised me to get third party opinion. Third party expert confirmed a manufacturing fault but Comet still refuse to accept this opinion as valid so I am no further on. Trading Standards suggest taking legal action, but warn me that Comet are likely to put up big fight to protect the concept of extended warranty. Any advice?

Hi briloujica,

Based on the information supplied, unfortunately I am unable to find any records of your particular issue. Therefore please could you email me your purchase details via the link below and I will look into this further for you.

I would advise however, that we would not put up a fight just to protect any extended warranty if there is a proven manufacturing defect, we would always assess each case on its own l merits but would always comply with the Sale of Goods Act which is why I am keen to look further into this matter.

When sending your e-mail in, please quote reference number ‘131233’

http://comet.custhelp.com/app/ask

Thanks

Kev from Comet

Comet_company_representative

Comet_company_representative wrote: »

Hi briloujica,

Based on the information supplied, unfortunately I am unable to find any records of your particular issue. Therefore please could you email me your purchase details via the link below and I will look into this further for you.

I would advise however, that we would not put up a fight just to protect any extended warranty if there is a proven manufacturing defect, we would always assess each case on its own l merits but would always comply with the Sale of Goods Act which is why I am keen to look further into this matter.

When sending your e-mail in, please quote reference number ‘131233’

http://comet.custhelp.com/app/ask

Thanks

Kev from Comet

Hi briloujica

It doesn't appear that we have received any further feedback from you regarding this matter. If you do need anymore assistance, please feel free to contact us again using the following link.

http://comet.custhelp.com/app/ask

Please also quote the reference number ‘131233’

Thanks

Kev from Comet

bigvern69

How does this work with second hand cars bought from "main" dealers?

ronangel

spratley wrote: »

Interesting. Am just trying to research whether I have a case against Worcester for a fault on my gas boiler. It is only 4 yrs old & has suddenly sprung a leak from a plastic section called the "flow unit". This is made from thick plastic, but has somehow become porous & a pinhole leak has resulted. Really cannot understand how this could happen to a plastic pipe, unless the type of plastic used was not fit for purpose. The plumber had obviously seen this type of fault before. Have not been billed yet, but it took several hours to replace the part, so am expecting something around the £200+ mark. Will be posting this problem on other forums to see how common it is...

Repair plastic by heating with a soldering iron to seal hole, or put a small screw in it with strong plastic glue would have been something to try before replacement. This part was not gas or electric so no danger. but less profit for plumber ( I am electrical Eng)

ronangel

bigvern69 wrote: »

How does this work with second hand cars bought from "main" dealers?

You are screwed<:mad: they are very good years of experience. run you around in circles unless you want to trade in for new car :A become your best friend.:)

gnomeinc

What can you do though if the retailer you brought the faulty product through has gone out of business? :eek:

normandeguerre

ketteringjimmy wrote: »

There is a little known EU ruling that does indeed give a MINIMUM 2 year guarantee on ALL consumer goods in the UK and not the 1 year that is fobbed off onto UK consumers. For clarity read page 7 of the following;

ec.europa.eu/consumers/cons_int/safe_shop/guarantees/index_en.htm

This is 2 years on ALL consumer goods, irrelevant of the price paid or of any manufacturers 12 month guarantee, this MUST be honoured by the retailer as your legal contract exists between you and the retailer.

The next time you have a guarantee complaint take a copy of the 28 page eu document with you to prove your rights to a 2 year MANDATORY guarantee.

You only have 6 years if you can prove the item did not last a reasonable length of time, the burden of proof is upon you and you may have to take the case to court.:cool:

While it seems this directive is certainly not an urban myth it can be trumped (from the point of view of the seller) by the Sale of Goods Act. Here is a quote from This is Money website:

How can I use this rule?
Reports of cases where shoppers have used the EU rule to get refunds suggest that even senior staff at stores may be unaware of it, so be prepared for some blank faces if you need to use it to argue your case. But eventually, after referring the complaint to legal teams, reports suggest the stores have coughed up.
Use this checklist to see if you could try and use the EU rule:
• The goods were purchased no longer than two years ago
• The store will not provide a refund or repair because you are returning the item after their return period has ended, usually one year
• You are reporting the fault within two months of discovering it
• The goods show no signs of damage through your actions or misuse.
The best advice is to print off the EU rule and take a copy with you. If staff fail to recognise it, ask them to take your details and report your complaint to their bosses. Take a note of the names of any staff you speak to and explain that you will contact them again soon for a response.
You may manage to get your refund on the basis of the EU directive, however, shops are within their rights to use the Sale of Goods Act as the definitive guideline instead.

Notice that penultimate line: "shops are within their rights..."

But then, if one has good grounds, it seems well worth a try.

crittertog

bigvern69 wrote: »

How does this work with second hand cars bought from "main" dealers?

The item being "used" doesn't void your rights under SOGA - there is no real differentiation between new goods and old goods within the law. The same criteria apply, although you have to make some allowance for the item being a used item (i.e. it will have some wear, etc).