Quick questions on Consumer Rights

mo786uk

IMO they can insist he takes a debit card refund.

Alias_Omega

Alias_Omega wrote: »

Item purchased through eBay from a large retail seller.

Item has 12 months warranty, which its slightly playing up in that we have to unplug it & re-plug it in to get it to work. Not an issue a few months back, but now its becoming a right pain.

Want to return the item under warranty for repair.


I have contacted the seller, who has told me to contact the manufacturer for repair.

I believe that im entitled to return it to the seller, as my contract is with them.


Can i have something that i can quote, to shut them up and send me out some return paperwork.?

Alias



Edit -


Retailer replied to my saying that i can contact the manufacturer on an 0901 number at £0.50 per minute.

Seller still insisting that i send it back to the manufacturer for a refund, ive replied quoting the SOGA paragraph which says i should return to the retailer.

The retailer has a head office in the Uk, which i assume that they then are complient with the SOGA. Ive asked them why they think they do not need to comply with this, when my contract is with the retailer, not the manufactuer.

Anything else i should do, thinking now of packaging the item up for dispatch, sending it away with a letter and see what comes of it. Dont think the "rather large" seller has alot of returns, or they are trying to duck out.

Alias

wealdroam

Alias_Omega wrote: »

Retailer replied to my saying that i can contact the manufacturer on an 0901 number at £0.50 per minute.

Who is the manufacturer?

You might find a cheaper phone number on SayNoTo0870.

Alias_Omega

Unfortunately not, 50p per minute for the technical helpline.

Unsure about pressing on for a warranty repair, though its telephone calls that i should not be making. The item is faulty. Its designed to be availbale constant, and should not require a power recycle to get it to operate again after it fails.

It did not happen that often, but its become more and more frequent which is quite annoying. I did not mind doing it maybe once a month, but now its 3-4 times a week which is becoming a pain. The warranty period is nearly up in 2-3 months, so rather it sorted now than later.

monkey-a

When returning faulty goods bought online, who is expected to incur the return costs? Is it down to the individuals company's policy?

wealdroam

monkey-a wrote: »

When returning faulty goods bought online, who is expected to incur the return costs? Is it down to the individuals company's policy?

If the goods are faulty, the Sale of Goods Act says...

If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

monkey-a

Thanks for your reply wealdroam.

Is this still the case if I'm having to return a faulty item 3 months on? Basically I bought some boots in Jun, I've only just got round to trying them and the zip is faulty.

derrick

wealdroam wrote: »

If the goods are faulty, the Sale of Goods Act says...
Quote:
If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

So does DSR;-


From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.



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Leaky_Caravan_Owner

I bought a new Caravan from a dealer in the North West in autumn 2008. It was an ex-demo model that had been on their forecourt since the April. Almost 1 year later (early July) I booked it in for an annual service at the same dealer only to find out that I had 2 areas of water ingress near some window seals. Cost to repair was in the region of £700. I was very surprised and said that obviously it was covered by the warranty. But, I was told that the Caravan company has entered administration (Avondale) and that unfortunately I was on my own. The dealership said that once I had the work done, I could sign up for a 2 year warranty with them for ~£500. I said that I was sure that I was covered by the SOGA but was told that I wasn't because the caravan company was bust and maybe I should write to the administrators. I did this and received no reply.

I still have the caravan and it still has the same level of water-ingress damage (ie it doesn't appear to have got much worse). I recently got it serviced again (at a different dealer) and was informed of the damage and it would cost £1000 as the parts/panels are difficult to obtain (went bust, etc). I said it was there from the first year and they said I should have got the dealer to fix it back then. I said that I tried that and they wouldn't. The new dealer said I'd been 'had' and they must have been having a right laugh at me as I drove off.

So, I'm wondering. If the UK allows upto 6 years to make a claim for a defective item. Would it be wise for me to contact the original dealer? I still have their report which is signed and dated by them. How would I know if water-ingress after 6 months but before 12 months was a manufacturer defect or not? Can't they just say I've legally accepted the item because I didn't bother to argue with them at the time?

Thanks in advance for any helpful info.

derrick

If the dealership has gone bust then you cannot claim against them, you may have a claim via the administrators, but don't hold your breath as you will be at the bottom of a very long list.

How did you pay for the caravan? If on CC or any sort of finance then you will be able to claim against the finance provider under Section 75 of the Consumer Credit Act.1974.


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