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EU Law regarding warranties

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Comments

  • FOREVER21
    FOREVER21 Posts: 1,729 Forumite
    Energy Saving Champion I've been Money Tipped!
    edited 29 December 2010 at 5:37PM
    Having read many threads about the "2 year Eu " warranty and how it applies to all EU countries except UK , I still think we are at a disadvantage. Yes the SOGA gives us up to 6 years to make a claim,but I think we should have the 2 year warranty protection included in UK consumer law.
    From past experience taking some thing back to a retailer under the 1 year warranty as it is now has never presented any prolems, how much better if year 2 was also covered this way, rather than havig to rely on SOGA . with the emphasis on trying to establish the timng of the fault, etc.
    Personally I can not understand why the EU Directive was never incorporated into UK consumer law.

    :(
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please enlighten us as to how we are at a disadvantage and how you think it hasn't been incorporated into current UK legislation given that all member states must have already complied?
  • stugib
    stugib Posts: 2,602 Forumite
    1,000 Posts Combo Breaker
    FOREVER21 wrote: »
    From past experience taking some thing back to a retailer under the 1 year warranty as it is now has never presented any prolems, how much better if year 2 was also covered this way, rather than havig to rely on SOGA . with the emphasis on trying to establish the timng of the fault, etc.

    As I keep saying on this topic, referring to it as a 'warranty' is either a mistranslation or a bad choice of words that has unfortunately ended up causing confusion.

    The 'warranty' in the legislation is not equivalent to a manufacturer type no-questions-asked guarantee, it's more in terms of the burden of proof and liabilities the SOGA talks about, which is why it didn't need to change much (I believe the 6 month rule came from that legislation but could be misremembering)
  • FOREVER21
    FOREVER21 Posts: 1,729 Forumite
    Energy Saving Champion I've been Money Tipped!
    neilmcl wrote: »
    Please enlighten us as to how we are at a disadvantage and how you think it hasn't been incorporated into current UK legislation given that all member states must have already complied?

    I think I have mentioned how we are disadvantaged!
    2 Try and take something back to comet and quote the " 2 year EU directorate" and see how far you get!!
    :(:(
  • FOREVER21
    FOREVER21 Posts: 1,729 Forumite
    Energy Saving Champion I've been Money Tipped!
    edited 29 December 2010 at 7:14PM
    That is where your post goes on the list for the CODSWALLOP posting of the year. Firstly, the SOGAs gives you more protection than that stupid legislation from the home of Mini Roundabouts, Sproutland.

    Secondly, it os the purchaser who has to prove the fault is inherent after 6 months if the goods are not guaranteed.

    I mind you again of the oil filter on a car and a reasonable time.

    OK we differ but you stick to SOGA and i will use EU directorate for 2 years and then I will still have SOGA to fall back on. This would save any, proof of when fault develped if in first 2 years:(


    Freddie's answers are based on liquid research and is subject to change without notice, in direct proportion to the time spent in the Dog and Duck.


    Need I say more!!
  • FOREVER21 wrote: »
    This would save any, proof of when fault develped if in first 2 years:(

    OK, take your goods back and quote using your barrack room experience, though I again must show you this!

    http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

    And to quote MSE
    Within six months. The shop must prove goods weren't faulty when they sold 'em – after that you must prove they were

    2 Year EU rule or not, this is the situation here. And as the statute law here allows you 6 years to bring a claim (reasonable time, see the debt bored for more on this), this is already more than the EU directive.

    As for my liquid research, thanks for adding to it
  • FOREVER21
    FOREVER21 Posts: 1,729 Forumite
    Energy Saving Champion I've been Money Tipped!
    debt bored !! Yeh so am I.
    :j
  • FOREVER21 wrote: »
    debt bored !! Yeh so am I.
    :j
    Stop using my termoniliges in this parish!
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    FOREVER21 wrote: »
    I think I have mentioned how we are disadvantaged!
    2 Try and take something back to comet and quote the " 2 year EU directorate" and see how far you get!!
    :(:(
    You're falling into the media trap of thinking this is some form of no-quibble 2 year guarantee. The so-called "EU 2 year warranty" is with conditions attached, the exact same conditions that have to be fulfilled in the SOGA. In some ways you could say the difference between the two is the SOGA is an "upto 6 year warranty". So no, we're not disadvantaged and yes the directive has been implemented into UK legislagtion, in the form of the SOGA.
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